Schuette v. BAMN: The Short-Lived Return of the Ghost of Federalism Past

Abstract

"[M]isunderstandingsand neglect occasion more mischief in the world than even malice and wickedness. At all events, the two latter are of less frequent occurrence."In November of 2006, the residents of Michigan went to the voting booths faced with a proposal to amend their constitution to ban the use of racial-preferences in state university admissions processes. The ballot proposal (Proposal 2) passed with roughly fifty-eight percent voting in favor of the proposal. After its passage, Proposal 2 became Article I, Section 26 of the Michigan Constitution (Section 26),4 which in pertinent part provides: