2025 House Resolution 48

Whereas, Article XI, Section 1 of the Michigan Constitution provides, in part, that “[a]ll officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability.” Every member and officer of the House of Representatives, including the Speaker and the Clerk of the House of Representatives, swore this oath and is bound to uphold the Michigan Constitution; and

Whereas, Article IV, Section 33 of the Michigan Constitution states, in part, “Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it”; and

Whereas, On February 3, 2025, after Speaker Matt Hall and the Clerk of the House of Representatives failed to present to the Governor nine bills in their possession, which were passed by both houses of the Legislature and ordered enrolled in December 2024, the Senate and Senate Majority Leader Winnie Brinks, in her official capacity, filed a lawsuit to obtain a declaratory judgment, a writ of mandamus, and an injunction to compel the presentation of the nine enrolled bills; and

Whereas, The Court of Claims issued a decision on February 27, 2025, stating that “[t]he text [of Article IV, Section 33] is unequivocal: ‘[e]very bill passed by the legislature shall be presented to the governor before it becomes law . . . .’” The court emphasized that “[t]he language is mandatory and leaves no room for the exceptions” that Speaker Hall and Republicans claim. The court further explained that the Michigan Constitution “requires that all bills passed by the Legislature be presented to the Governor in sufficient time to allow her 14 days to review the bills prior to the earliest date that the legislation may take effect . . . . This includes the nine bills that are currently under [the House’s] control.” The House of Representatives does not have the discretion to withhold bills passed by both houses of the Legislature in December 2024; and

Whereas, Now that the Court of Claims has spoken, unequivocally interpreting Article IV, Section 33 of the Michigan Constitution to require the presentation of the nine outstanding bills passed by both houses of the Legislature to the Governor, it is incumbent upon the House to comply with this constitutional mandate and order the Clerk of the House to present the nine bills to the Governor; and

Whereas, On March 12, 2025, the House of Representatives, led by Speaker Hall and the Republican Caucus, adopted House Resolution 41 of 2025, directing the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature, deliberately circumventing both the Court of Claims’ decision and the Michigan Constitution. However, House Resolution 41 does not accurately reflect the will of all the duly elected members of the House of Representatives, only that of the House Republican Caucus; now, therefore, be it

Resolved by the House of Representatives, That we direct the Clerk of the House of Representatives to promptly present to the Governor nine bills that were passed by both houses of the Legislature and ordered enrolled in December 2024; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the House of Representatives, the Clerk of the House of Representatives, the Governor, and the President of the Senate.