The Michigan Constitution Podcast
by Tony Snyder
Tony Snyder is a licensed attorney in the State of Michigan who offers a bi-monthly podcast on the Michigan Constitution. Here you will learn about each Article and its respective Sections, what they mean, and case law that has addressed how those provision are implemented in the day-to-day lives of citizens of Michigan.
Episodes
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One-Off Episode #2
Premise liability is the number one money-maker for slip & fall lawyers. Fortunately in Michigan, there is something called the “Open & Obvious” doctrine which is used to help get lawsuit-happy litigants out of our court system. In this one-off podcast, we will discuss what it means and how…
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One-Off Episode #1
From time-to-time, I will produce what I will call “One-Off” podcasts, which don’t really address the provisions of the Michigan Constitution…but instead, are cases I think you (the listener) might find interesting to learn about. This podcast is one such case. We’re going to get into the idea of…
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Podcast 45: Right to Bail (Part 2)
We will continue our conversation about the Right to Bail. In particular, we’ll discuss: Pre-Trial Bail versus Post-Conviction Bail How bail impacts your ability to leave the police station What is the Goldilocks approach to setting bail? What happens if the Michigan Constitution changes and…
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Podcast 44: Right to Bail (Part 1)
§ 16 Bail; fines; punishments; detention of witnesses.Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained. There’s been a lot of chatter about the notion of Bail Reform....
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Podcast 43: Double Jeopardy (Part 4)
Michigan Constitution/Article 1/Section 15: Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. We’re finally bringing this topic in for closure. But before we do, we have a few more critical cases which we need to discuss.
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Podcast 42: Double Jeopardy (Part 3)
Michigan Constitution/Article 1/Section 15: Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. As continue to delve deeper into our right to finality from a criminal trial, we start to look at aspects where multiple jurisdictions bring criminal...
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Podcast 41: Double Jeopardy (Part 2)
Michigan Constitution/Article 1/Section 15: Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. In this podcast, we will continue our conversation about Double Jeopardy and how you are protected by the Michigan Constitution. Cases we will…
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Podcast 40: Double Jeopardy (Part 1)
Michigan Constitution/Article 1/Section 15: Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date. I bet you’ve never given this area of constitutional protection much thought. We “get it”, perhaps conceptually. But do you really understand what it...
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Podcast 39: Right to Jury Trial (Part 4)
In our concluding episode about the right to a jury trial we will learn more about:-A law firm screwing up their own lawsuit and jury request-When to allege a jury is not of your own peers-Getting thrown out of political office and failing to request a jury to make that decision
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Podcast 38: Right to Jury Trial (Part 3)
As we continue our conversation about when you have the right to a jury trial, we’ll discuss the following aspects:-Withdrawing the request for a jury trial-Jury of your peers and what that means-Right to jury in administrative law matters-Unanimous jury verdict in criminal cases
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Podcast 37: Right to Jury Trial (Part 2)
This time we delve deeper into the right to a jury trial. Specifically, we’ll discuss…-juvenile proceedings in child neglect cases-interest in real property-ejectment vs. quiet title
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Podcast 36: Right to Jury Trial (Part 1)
The right to a jury trial is protected both in our United State Constitution, as well as our Michigan Constitution. But why is the right to a jury trial so important? Why is it imperative we protect that right, both at the federal level, as well as at the state level? There are few reasons and...
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Podcast 35: Right to Self-Representation (Part 2)
Now that we’ve established there are three pillars by which a judge must use to determine that an individual wishes to represent himself, the Courts go on to adopt an additional requirement, a Michigan Court Rule, to provide additional protection for BOTH the Defendant and the Judge. After all,...
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Podcast 34: The Right to Attorney/Self-Representation (Part 1)
You have a constitutional right, both under the Michigan Constitution and the U.S. Constitution, to hire an attorney; have an attorney appointed to you if you cannot afford one; but also the right to NOT have an attorney and to represent yourself. But what sort of parameters are there for when…
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Podcast 33: Habeas Corpus (Part 2)
Habeas Corpus is the right to a speedy trial, bond and extradition.
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Podcast 32: Habeas Corpus (Part 1)
Habeas Corpus is the right to a speedy trial, bond and extradition.
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Podcast 30: Search & Seizure (Part 4)
In this 30-minute podcast, we will discuss a search & seizure case which made its way through the Michigan Court of Appeals, to the Michigan Supreme Court and THEN over to the United States Supreme Court. Does the SCOTUS support and uphold the MI COA & Supreme Court? Or does Michigan get smacked...
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Podcast 31: Search & Seizure (Part 5)
In our last podcast on Search & Seizure case law, regarding Article 1 Section 11 of the Michigan Constitution, we will discuss exigent circumstances by which a police office may AND MAY NOT conduct warrantless searches and seizures. We discuss small cases with a gun in an apartment, drugs flying…
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Podcast 29: Search & Seizure (Part 3)
Our next smattering of cases we’re going to discuss includes a United State Supreme Court case which took at look at the Michigan Constitution’s Article 1, Section 11 provision by reviewing the requirements of a homeowner to stay with the police (however, without an arrest warrant) during a…
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Podcast 28: Search & Seizure (Part 2)
Now, we’ve already established that folks are protected from unreasonable searches & seizures. We discussed the concept of the exclusionary rule and we’ve addressed specific examples of when that may come into play, such as in a vehicle. But now I want to get into even more specifics. Is it…
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Podcast 27: Search & Seizure (Part 1)
We’ve got a lot to talk about in this Article and Section of the Michigan Constitution. This provision mirrors the United States Constitution’s 4th Amendment. But the citizens of Michigan have added a 3rd sentence which is NOT part of the U.S. 4th Amendment. What is it? Why is it there? (And is…
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Podcast 26: Impairment of Contracts
This may be the shortest podcast we’re going to do on the Michigan Constitution. It’s because, honestly, it’s dreadfully boring. But there is one case worth noting: Blue Cross Blue Shield of Michigan versus the Michigan Governor. It sets up a four element test to determine whether the State of...
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Podcast 25: Ex Post Facto (Part 2)
We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out.…
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Podcast 24: Ex Post Facto (Part 1)
We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and...
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Podcast 23: Bills of Attainder
A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn't illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a...
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Podcast 22: Involuntary Servitude
This time around we discuss Article 1, Section 9: “Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.” But that doesn’t mean that folks won’t make a distasteful argument that being required to do something (or not being allowed to...
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Podcast 21: Quartering Soldiers
So here’s the thing about Article 1, Section 8…there is no case history, at least not that I could find. And frankly, I find that to be a good thing! We don’t want the State of Michigan forcing citizens to house soldiers, within the person’s home, against their will. So instead, I’m going to give...
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Episode 20: The EPGA & Gov. Whitmer
We review the Michigan Supreme Court case regarding the Executive Orders issued by Michigan Governor Gretchen Whitmer under the Emergency Powers of the Governor Act (EPGA)
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Podcast 19: Military Power
The Michigan Constitution Article 1, Section 7 states: “Military power subordinate to civil power: The military shall in all cases and at all times be in strict subordination to the civil power.” What this means, practically, is that during times of peace, the Michigan National Guard is…
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Podcast 18: Right to Bear Arms (Part 3)
We will continue our discussion regarding Article 1, Section 6 in the Michigan Constitution. This provision of the MI Constitution reads as follows: “Every person has a right to keep and bear arms for the defense of himself and the state“ For our last podcast covering this topic, we will review a...
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Podcast 17: Right to Bear Arms (Part 2)
We will continue our discussion regarding Article 1, Section 6 in the Michigan Constitution. This provision of the MI Constitution reads as follows: “Every person has a right to keep and bear arms for the defense of himself and the state“ This time, however, we will discuss the idea of being a...
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Podcast 16: Right to Bear Arms (Part 1)
This time around we will discuss Article 1, Section 6 in the Michigan Constitution. That provision of the MI Constitution reads as follows:“Every person has a right to keep and bear arms for the defense of himself and the state“ This provision, similar to the 2nd Amendment of the United States...
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Podcast 15: Freedom of Speech (Part 4)
Defamation traditionally occurs when a newspaper writes a story which harms the reputation of the individual. How do we protect the media yet balance a reputation?
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Episode 14: Freedom of Speech (Part 3)
Freedom of speech protects obscenity laws, political contributions, commercial speech and political speech.
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Episode 11: MI Legislature v. MI Governor
This time we discuss the Michigan Legislature suing the Michigan Governor over Executive Orders
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Episode 13: Freedom of Speech (Part 2)
We continue the conversation about Michigan’s Constitution; Article 1, Section 5; and the Freedom of Speech. This time, we focus in on how the Michigan Constitution addresses topics like Fighting Words, Freedom of Expression, Freedom of the Press, Trials Closed to the Media, Prior Restraint and...
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Episode 10: Barbers & Governors & EOs (Oh My!)
Barber Manke versus Governor Whitmer's Executive Order
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Episode 12: Freedom of Speech (Part 1)
Although the United States Constitution wraps all our free speech rights into the First Amendment, our Michigan Constitution does not. It breaks it up between Article 1, Section 3 as well as Section 5. In this podcast, I start with a general review of Article 1, Section 5 and the free speech...
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Episode 9 — Freedom of Religion (Part 4)
This topic, specifically Article 1, Section 4 is going to be broken up into 4 podcasts. There is a lot of information to share. This is Part 4 of 4.
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Episode 8 — Freedom of Religion (Part 3)
This topic, specifically Article 1, Section 4 is going to be broken up into 4 podcasts. There is a lot of information to share. This is Part 3 of 4.
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Episode 7 — Freedom of Religion (Part 2)
This topic, specifically Article 1, Section 4 is going to be broken up into 4 podcasts. There is a lot of information to share. This is Part 2 of 4.
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Episode 6 — Freedom of Religion (Part 1)
This topic, specifically Article 1, Section 4 is going to be broken up into 4 podcasts. There is a lot of information to share. This is Part 1 of 4.
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Episode 5 – Freedom of Speech
This time we discuss Article 1, Section 3 which discusses topics such as private versus public free speech, the right to assemble and the right to petition your government.
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Episode 4 — Equal Protection
This week we will discuss Article 1, Section 2 and the equal protection rights afforded to citizens of and visitors to the State of Michigan
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Episode 3 — Political Power
This time we discuss life, liberty and the pursuit of happiness. We discuss the authority of democracy and when the Michigan Legislature can wield political power, delegate political power or must defer political power to the federal government.
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Podcast 2 — Michigan vs. Federal Constitution
This time around we review the Michigan Constitution and its authority against the backdrop of the United State Constitution. While the federal government grants rights to the states, the people of those individual states may choose to limit the state's power even further.
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Episode 1: Intro & History
The Michigan Constitution Podcast begins with a general introduction and a high-level history of the various constitutions of the State of Michigan.
About this show
Tony Snyder is a licensed attorney in the State of Michigan who offers a bi-monthly podcast on the Michigan Constitution. Here you will learn about each Article and its respective Sections, what they mean, and case law that has addressed how those provision are implemented in the day-to-day lives of citizens of Michigan.
Hosted by
Tony Snyder
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