Michigan House Bill HJRP

Michigan 2025-2026 Regular Session

• Introduced: 9/11/25
• Refer: 9/11/25

Caption

Criminal procedure: other; process of determining rebellion or invasion; clarify. Amends sec. 12, art. I of the state constitution.

Impact

The proposed amendment reinforces the state's constitution by laying out the conditions under which the privilege of the writ of habeas corpus may be suspended. It emphasizes that this suspension should only occur in cases of rebellion or invasion when public safety is at risk. This measure could have significant implications for civil liberties and state governance, especially in emergency situations where the balance of public safety and individual rights comes into question.

Summary

House Joint Resolution P (HJRP) proposes an amendment to the Michigan state constitution, specifically to section 12 of article I. This amendment seeks to clarify and solidify the process by which the supreme court must determine whether there is a state of rebellion or invasion. The bill stipulates that the supreme court shall evaluate such conditions based on requests from the governor, the attorney general, or through a legislative resolution. Notably, the court is required to make its determination within 48 hours of a request being made.

Contention

Discussion surrounding HJRP may bring about debate regarding the potential for abuse of power during times of crisis. Critics may argue that the definitions of 'rebellion' and 'invasion' are subject to interpretation, which could lead to an overreach by state authorities. Proponents, however, will likely advocate for the necessity of having a definitive process to address public safety concerns effectively amid extraordinary circumstances. Ensuring quick judicial review is a critical component underscored by this resolution, which aims to prevent delays that could compromise safety.