Legal Aid and Defender Association

Legal Aid and Defender Association

Monday, August 27, 2012

US House Judiciary Committee Democratic Report finds Michigan's Emergency Manager Law Unconstitutional


 
 
The United States House Judiciary Committee Democratic Staff released their report on the legal implications of Michigan’s Emergency Manager Law. The report entitled, “Democracy for Sale: Subverting Voting Rights, Collective Bargaining, and Accountability under Michigan’s Emergency Manager Law”.

The Report represents the first comprehensive legal analysis of the Emergency Managers law since its adoption. Foremost among the Report’s detailed findings is the conclusion, based on expert testimony (including preeminent academic expert Professor Kenneth Klee) and legal precedent that the Emergency Manager law is unconstitutional because it violates the Contracts Clause of the U.S. Constitution. The Report also identifies other serious legal and management issues. The Report contains several recommendations, including amending the law; collaborative actions by local, state and federal authorities; and increased federal oversight of the law.

Poverty has a huge impact on the ability of Michigan’s economy to recover!







When people have less disposable income, consumer spending goes down, forcing businesses to lay off workers or shut down entirely. This means less revenue for the state as incomes decrease and the tax base shrinks. With high long-term unemployment in Michigan, many Michiganians have had drops in their income, thus impacting their ability to spend. Michigan’s median household income of $45,413 dropped by 11 percent over the past five years, the second highest drop in the U.S.

 

 Poverty

Poverty in Michigan was 16.8 percent in 2010 and child poverty was 23.5 percent. Though 41 percent of those living in poverty worked during 2010, total poverty and child poverty have grown by more than 50 percent over the past 10 years and Michigan’s family poverty rate is the fourth fastest growing in the nation. Isabella County had the highest poverty rate at 32.5 percent and more than half of Michi-gan’s counties had poverty rates of at least 15 percent.

 

 Children

Children have been especially harmed. Child homelessness grew by 40 percent between the 2009–2010 school year and the 2010-2011 school year. More than 31,000 children in Michigan are homeless and more than 700,000 are on food assistance. Fourteen Michigan counties had more than one-third of children in the county living in poverty. In Lake County, 45 percent of children were in poverty in 2010. Charlevoix, Macomb, Monroe, Oakland and Ottawa counties have had their child poverty rate grow by at least 50 percent since 2006.

Unemployment

Michigan led the nation in unemployment between 2006–2009. The state has not experienced the current level of unemploy-ment since the early 1980s. The changes over the last decade have been extreme, with unemployment growing by more than 200 percent. Seventeen counties had unemployment rates of 15 percent or greater in 2010. Baraga County had the high-est unemployment rate—23.3 percent of the county was jobless. All but three counties had unemploy-ment double over the past decade. Allegan, Livingston, Oakland and Ottawa counties all had unemployment rates that tripled. Fortunately, Michigan’s unemployment rate has started to decrease over the last few months, but reaching pre-recession employment levels will take years.

Public Structures

Although recent legislation was passed to reduce the amount of time that Michiganians receive cash assistance, the average number of months that a household is on cash assistance has declined by
42 percent since 2001. Sixty-five percent of Michi-ganians getting cash assistance receive benefits for 12 months or less. One-quarter of recipients are on cash assistance for three months or less. These numbers are from before the 48-month time limit changes were made. In 2011, the average number of months a household received cash assistance was 14.9.

Michigan’s recession has forced many to rely on the public structures that help children and families until the economy stabilizes. A quarter of the state’s population received some sort of help in 2011. Nationally, studies have shown that two-thirds of American adults will rely on a safety net program during their lifetime. Public structures that help children and families also work to stabilize incomes and consumer spending and speed up economic recovery. Cash assistance, food assistance, unemployment insurance and home-lessness prevention can help provide the temporary relief needed by so many families in Michigan as well as bolster the economy so that it can grow and thrive. Policies that seek to undermine these programs will only slow the state’s recovery.

Policy Recommendations

Instead of focusing on making government assistance programs more punitive, now is the time to expand these short-term support programs. For Michigan to be truly competitive in the future, it must have the people and infrastructure that will attract investments in the state. For economic recovery to be possible, the state must invest in its people. Michigan’s financial future will be greater if its economy is designed to make sure all people in the state are able to maintain stability and economic balance. Michigan’s economy must work for everyone, and not just those at the top of the income scale.