Regents of the University of Michigan v. State

235 N.W.2d 1, 395 Mich. 52, 1975 Mich. LEXIS 154
CourtMichigan Supreme Court
DecidedOctober 28, 1975
Docket54966, (Calendar No. 1)
StatusPublished
Cited by75 cases

This text of 235 N.W.2d 1 (Regents of the University of Michigan v. State) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Regents of the University of Michigan v. State, 235 N.W.2d 1, 395 Mich. 52, 1975 Mich. LEXIS 154 (Mich. 1975).

Opinions

M. S. Coleman, J.

In this declaratory action the plaintiffs question the constitutionality of 1971 PA 122, §§ 13, 20 and 26. They also seek an interpretation of Const 1963, art 8, § 3. We do not find it necessary to resolve the question of the constitutionality of §§ 13 and 26 and the first and third sentences of § 20. We find the remainder of § 20 to be constitutional. We further hold the planning and coordinating function of the State Board of Education as it refers to plaintiffs in Const 1963, art 8, § 3, to be advisory in nature.

The plaintiffs (universities) maintain that 1971 PA 122 infringes upon their constitutional autonomy by (§ 13) limiting the numbers of and tuition paid by out-of-state students, (§ 20) unduly restricting the "construction of buildings or operation of institutions of higher education” and (§ 26) requiring that there be no raise in tuition or student fees beyond the amount of revenue reported for budget purposes. This action has been directed against [58]*58defendants State of Michigan; Allison Green, Treasurer; and Glenn S. Allen, Jr., Budget Director.

Only plaintiffs and intervening defendant, Michigan State Board of Education (Board), are concerned in the questions raised by Const 1963, art 8, § 3. The Board contends that the requirement to "serve as the general planning and coordinating body for all public education” includes the authority to approve new programs prior to their implementation by the plaintiffs. Thus it seeks inter alia a holding from this Court that the Board of Governors of Wayne State University acted illegally in implementing new doctoral programs in anthropology, electrical engineering and civil engineering, a master’s program in occupational therapy, and the Center for Urban Affairs without requesting or obtaining the Board’s prior approval. Similarly, the Board declares that the Regents of the University of Michigan lacked the lawful authority to institute a Bachelor of General Studies degree and to expand the University of Michigan Dearborn Campus from a two-year to a four-year institution. The Board also challenges the Board of Trustees of Michigan State University for having established the Center for Race Relations and Urban Affairs without prior approval.

The Ingham Circuit Court found 1971 PA 122, §§ 13, 20 and 26 unconstitutional. It further found that Const 1963, art 8, §3, did not require the Universities to obtain the prior approval of the Board to "expand or establish programs or departments, or expand branch campuses”. The Board’s authority was "limited to recommending to and advising the legislature as to the desirability of the plaintiffs’ pláns and requests for funds”.

The trial court was affirmed by the Court of Appeals, 47 Mich App 23; 208 NW2d 871 (1973).

[59]*59These challenges to the 1971 appropriations act technically are moot. Some of the challenged legislative provisions have not appeared in acts subsequent to 1971 and we decline to confront problems where none exist. However, we will address those issues which are of continuing pertinence.

Issues Raised by Parties

1.

Do the conditions and limitations imposed in 1971 PA 122, §§ 13, 20, and 26 (higher education appropriation act of 1971), unconstitutionally intrude upon the authority of the universities as set forth in Const 1963, art 8, §§ 4, 5, and art 5, § 20?

2.

Does the provision in Const 1963, art 8, § 3, that the Michigan Board of Education "serve as the general planning and coordinating body for all public education, including higher education” include the authority to veto prior to implementation by the universities?

General

Essentially we must address the distribution of power among the Legislature and Governor, the governing boards of the universities and the State Board of Education.

Plaintiffs and defendants cite various portions of convention committee debates with equal authority for opposing views. The impact of some of the arguments diminishes or is nullified when the relevant debates are considered as a whole.

The debates must be placed in perspective. They [60]*60are individual expressions of concepts as the speakers perceive them (or make an effort to explain them). Although they are sometimes illuminating, affording a sense of direction, they are not decisive as to the intent of the general convention (or of the people) in adopting the measures.

Therefore, we will turn to the committee debates only in the absence of guidance in the constitutional language as well as in the "Address to the People”, or when we find in the debates a recurring thread of explanation binding together the whole of a constitutional concept. The reliability of the "Address to the People” (now appearing textually as "Convention Comments”) lies in the fact that it was approved by the general convention on August 1, 19621 as an explanation of the proposed constitution. The "Address” also was widely disseminated prior to adoption of the constitution by vote of the people.

The applicable common law is directed largely to pre-Const 1963 language (some of which was retained).

As defendants point out, "[t]his is the first major case in this area of Michigan constitutional law * * * to reach the Court since State Board of Agriculture v Auditor General, 226 Mich 417 [197 NW 160]”, decided over 50 years ago in 1924 and the first case in this area to reach the Court under the 1963 Constitution.

1971 PA 122

Pertinent Constitutional Provisions

Const 1963, art 8, § 4

"The legislature shall appropriate moneys to main-. [61]*61tain the University of Michigan, Michigan State University, Wayne State University, Eastern Michigan University, Michigan College of Science and Technology, Central Michigan University, Northern Michigan University, Western Michigan University, Ferris Institute, Grand Valley State College, by whatever names such institutions may hereafter be known, and other institutions of higher education established by law. The legislature shall be given an annual accounting of all income and expenditures by each of these educational institutions. Formal sessions of governing boards of such institutions shall be open to the public.”2

Const 1963, art 8, § 5

" * * * Each board shall have general supervision of its institution and the control and direction of all expenditures from the institution’s funds. * * * ”3

[62]*62Const 1963, art 5, § 20

"No appropriation shall be a mandate to spend. The governor, with the approval of the appropriating committees of the house and senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based. Reductions in expenditures shall be made in accordance with procedures prescribed by law. The governor may not reduce expenditures of the legislative and judicial branches or from funds constitutionally dedicated for specific purposes.”4

A capsule history provides perspective to these proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Senate v. House of Representatives
Michigan Court of Appeals, 2025
Mothering Justice v. Attorney General
Michigan Supreme Court, 2024
20230126_C362271_63_362271C1.Opn.Pdf
Michigan Court of Appeals, 2023
Joshua Wade v. University of Michigan
Michigan Court of Appeals, 2017
Michigan Coalition of State Employee Unions v. State of Michigan
870 N.W.2d 275 (Michigan Supreme Court, 2015)
Lansing Schools Education Ass'n v. Lansing Board of Education
487 Mich. 349 (Michigan Supreme Court, 2010)
In re Consumers Energy Co.
279 Mich. App. 180 (Michigan Court of Appeals, 2008)
Studier v. Michigan Public School Employees' Retirement Board
698 N.W.2d 350 (Michigan Supreme Court, 2005)
Wayne County v. Hathcock
684 N.W.2d 765 (Michigan Supreme Court, 2004)
Durant v. State
650 N.W.2d 380 (Michigan Court of Appeals, 2002)
Michigan United Conservation Clubs v. Secretary of State
630 N.W.2d 297 (Michigan Supreme Court, 2001)
Durant v. STATE, DEPT. OF EDUC.
605 N.W.2d 66 (Michigan Court of Appeals, 2000)
McKeighan v. Grass Lake Township Supervisor
593 N.W.2d 605 (Michigan Court of Appeals, 1999)
Straus v. Governor
592 N.W.2d 53 (Michigan Supreme Court, 1999)
Straus v. Governor
583 N.W.2d 520 (Michigan Court of Appeals, 1998)
McKeigan v. Grass Lake Township Supervisor
587 N.W.2d 505 (Michigan Court of Appeals, 1998)
City of Kalamazoo v. Department of Corrections
580 N.W.2d 475 (Michigan Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
235 N.W.2d 1, 395 Mich. 52, 1975 Mich. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regents-of-the-university-of-michigan-v-state-mich-1975.