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The ROLE OF THE STATE IN PROTECTING Majority Black Detroit

Political Education - With the transition of leadership in D.C., the importance of States Rights has come into focus. As we live into 2025 we will learn more about how governance in Lansing works and it’s potential impact on majority Black Detroit.

State Powers

The incoming Trump administration has been vocal about its plans to deregulate and defund many of the programs that Detroiters count on every month. Though the administration may not be wholly successful, it’s likely that programs like social security, Medicare/Medicaid, and SNAP will face cuts in the near future. That doesn’t mean that the federal government is the only level of government that can support the needs of Majority Black Detroit. There is a significant role that the state of Michigan can play.

Under the US Constitution, the states have any and all powers that are not expressly granted to the federal government. For example, the Constitution doesn’t mention cities at all, so it is entirely up to the states to decide how to regulate cities within their state borders. In practice, states have very broad powers to govern health, safety, and general welfare. There are many state bodies that either mimic or perform duties that are very similar to federal agencies. In the absence of a fully-functioning federal government, Detroiters should look to these bodies to hold responsible for upholding rights and enforcing laws.

There are three state bodies that are worth mentioning in particular: Michigan State Housing Development Authority (MSHDA); Environment, Great Lakes, and Energy (EGLE); and Michigan Department of Transportation (MDOT).

• MSHDA, like the US Department of Housing and Urban Development (HUD), funds housing programs for the lowest income residents, works to prevent homelessness, and helps households attain homeownership.
• EGLE, like the US Environmental Protection Agency (EPA) is responsible for protecting the natural environment and for regulating industry emissions.
• MDOT is responsible for maintenance of state highways, bridges, railroads, as well as supporting public transit systems around the state.

Lansing Outlook

Like our national government, November’s election changed the make-up of our state government. Here is a quick rundown of the changes that take effect in January and into 2025.

The for the last two years, Michigan had a majority-Democrat government. Now, while the State Senate has remained controlled by Democrats, the State House now has a majority of Republicans. Republicans hold 58 of 110 seats in the House. The next two years will likely see political gridlock in the legislative branch. Republicans may be able to get bills passed in the State House, but they will still need State Senate agreement to put in front of the governor. Similarly, Democrats will be blocked from passing some party goal bills because they will need the House’s agreement.

The Michigan State Supreme Court retained- and strengthened- a liberal majority. While candidates for Supreme Court office are considered nonpartisan, they are typically endorsed by one of the two parties. Democrat-supported justices hold 5 of 7 seats on the State bench. This is particularly relevant because the State Supreme Court is the last line of defense for upholding legal rights in the state. For example, in 2018, instead of letting a statewide referendum on raising the minimum get to the ballot, the Republican-controlled legislature adopted the measures. However, during lame duck, Republicans then voted to water down the laws. In 2024, the State Supreme Court ruled that the “adopt and amend” strategy used by the legislature in this instance unconstitutionally violated Michiganders’ rights to the referendum process.

Finally, Governor Whitmer will remain in office through the majority of 2026, but is term-limited. 2026 will be an election year for the governorship and several people have already announced their intent to run for the office, including Mike Duggan.

The State Constitution

A lot like the federal Constitution, each state in the United States has its own constitution. State constitutions are kind of like the blueprint of a house: they set the large outline of government offices and important functions, such as which powers are delegated to different branches of government and creating a bill of rights.

The Home Rule Cities Act

State laws are like the duct work, plumbing, and wiring in a house: they do the real work that allows a house to be lived in and fill in the outline of the blueprint. Where the Michigan State Constitution mandates that Michigan is a Home Rule state, the Home Rule Cities Act explains in detail what that means for cities, counties, townships, and villages. In Michigan, the Home Rule Cities Act describes what can and must be in city governing documents, the different types of financial actions that cities can take, how cities can pass local ordinances, and other certain specific actions cities take, such as amending the city charter.

How Home Rule Impacts Majority Black Detroit

Home Rule is one of two ways that states share power with cities. Of the two, Home Rule gives the most power to cities. In short, what the state hasn’t explicitly made laws around, cities have the authority to act on. This may seem like a good thing for majority Black Detroit. In general, it can be. However, over the past several decades when Republicans held majorities in the state government, they passed several laws that limited cities’ abilities to respond to local needs. This included legislation that prevents cities from passing rent control, which would help keep out of control rents more reasonable. In addition, many of restrictions put on Detroit under emergency management were part of legislation that amended the Home Rule Cities Act and remain part of state law. Home Rule allows cities the most freedom in serving the needs of their residents, but activist legislators can amend that law to specifically target and block that same freedom.

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