Constitution has role in sex abuse at Michigan State
Earlier this month I talked with a woman who was furious about the sexual abuse scandal at Michigan State University. She was especially incensed by insensitive comments made by Joel Ferguson, a member of the governing board of trustees.
“How did he get that job? Who put him there?” she asked.
“Well, you did, or at least you helped,” I told her, to her stunned surprise. I knew she was a straight-ticket Democrat, and as a result had voted for him. I also suspected — correctly — she had no idea at all that she cast votes for those who run the state’s major universities.
And that is one of many reasons Michigan needs a new state constitution. Flash back to 1960: Michigan was operating under a constitution written in 1908, when automobiles were just starting to become important and women couldn’t vote.
George Romney, the future governor, led a state drive for a “Con-Con,” a constitutional convention. Michigan voters approved an amendment making that possible that fall, the same day they helped elect John F. Kennedy president of the United States.
Over the next two years, constitutional convention delegates were elected and then worked to write a better document.
Despite some dissatisfaction, in April 1963, voters narrowly approved a new constitution. It is now as old as the one it replaced, and the fault lines are showing:
Example 1: It became clear last month, when the worst sexual abuse scandal in college sports exploded at Michigan State, that the trustees weren’t willing to do anything about it.
That clearly stems from a constitutional flaw. Though the governor appoints the trustees of most Michigan universities, Michigan’s Constitution requires those who govern the state’s three largest — the University of Michigan, MSU and Wayne State University — to be elected by a statewide vote of the people.
That might make some sense if the candidates were chosen for their education policy expertise, but they aren’t.
They are chosen by delegates to the Democratic and Republican state conventions around Labour Day. Usually voters have no idea who these people are, and most ticket-splitters ignore the education board races — except if they see familiar names.
At MSU, the board included a couple of old football players: George Perles, an 83-year-old ex-football coach, and Joel Ferguson, who for years has led a faction that put athletics ahead of anything else at the school. The result was a culture of coverup for a sexual abuse scandal that may cost the school hundreds of millions.
Example 2: Michigan’s current constitution is far too easy to amend. The U.S. Constitution has been amended only 17 times since the Bill of Rights were ratified in 1791. Michigan’s Constitution has been amended 32 times since 1963.
That’s because it is easy for a special interest with deep pockets to pay to collect signatures to slap an amendment on a statewide ballot.
Example 3: Michigan these days needs more revenue, but is constitutionally prohibited from asking the rich to pay more than the poor. Michigan’s Constitution forbids the legislature to enact a graduated income tax, like the federal government.
Michigan’s system of lifetime term limits has helped destroy institutional memory and make compromise and consensus harder than ever. Unfortunately, as it now stands, voters have to wait eight years before they get a chance to call a new constitutional convention.
To be sure, the constitution could be amended to allow a vote on a con-con earlier, if any group of citizens was determined enough. But otherwise, they’ll have to wait till 2026. The current document requires a referendum on holding a new constitutional convention once every 16 years.
The last time was in 2010, when they said no by almost two to one. Progressives were leery that right-wing Tea Party groups might hijack any constitutional convention and make things worse.
Whether Michigan government can find a way to function better in the meantime may be even more of a concern.