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Thread: Community colleges vs Preemption

  1. #1
    Regular Member Michigander's Avatar
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    Some time ago, a newer member who seemed very legally savvy posted that preemption doesn't apply to community colleges, because they receive their power directly from the state, from act 331 of 1966, the Community College Act.

    This law can be viewed here.

    http://www.legislature.mi.gov/%28S%2...mp;version=txt

    Having spent quite some time going over it, I can find nothing in it about weapon possession, or authorizing restrictions of state constitutional rights beyond state law.

    Does this give community college boards the right to deny self defense, or not? Can anyone shed some light on this for me?
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    A college/university is not included in the definition of "local unit of government," therefore, preemption does not apply to them.

    Regardless, if you have affiliation with the college, they can impose restrictions on you (academically, or terminate employment) if you do something against policy.

  3. #3
    Regular Member Michigander's Avatar
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    What I don't understand, is what gives them the right to impose these rules?

    I don't see how the idea that no ones say you can't, so you can, applies to state run entities enforcing rules more strict than state law. Seems like they would need authorization from a law. Never mind the fact that the state constitution has a right to bear arms clause, so it would already seem preempted.

    Colleges getting away with this would be very much like a Secretary Of State's office getting away with a gun prohibition, even though no state law allows it, since you are not required to go there, you could skip driving, and after all, they aren't a local entity, they are a state entity.

    Doesn't add up that I can tell.
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    MCL 389.125(d).
    http://legislature.mi.gov/doc.aspx?mcl-389-125

    389.125 Board of trustees; payment of claims against community college district; gifts; bylaws.
    Sec. 125.

    The board of trustees may:

    (a) Certify to the treasurer of the community college district for payment out of the funds thereof all claims and demands against the board or community college district, which shall be allowed by the board under rules and regulations it may establish.

    (b) Borrow money or other property and accept contributions, capital grants, gifts, donations, services or other financial assistance from the United States of America or any agency or instrumentality thereof.

    (c) Accept by gift or devise private property. They may accept from any county, township or other governmental unit any contribution authorized by its governing body as provided in sections 791 to 795 of Act No. 269 of the Public Acts of 1955, as amended, being sections 340.791 to 340.795 of the Compiled Laws of 1948. They shall likewise be entitled to receive from the state all grants of state aid, in the same manner and proportion, as any other community college.

    (d) Adopt bylaws, rules and regulations for its own government and for the control and government of the community college district.

    (e) Acquire and hold in the name of the district all real property and improvements acquired and erected under the provisions of this act.

    (f) To do all other things in its judgment necessary for the proper establishment, maintenance, management and carrying on of the community college.

  5. #5
    Regular Member Michigander's Avatar
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    Damn you're good, and damn that's bad. :shock:

    (f) is especially bad. It's pretty much like a catch all, do whatever the hell you want clause.


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    Regular Member Michigander's Avatar
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    I've been thinking about this.

    It seems that the terminology of (f) allows them to do damn well whatever they want. Like if they wanted to suspend the right to a fair trial, maybe suspend the right to free speech, or hire JBT's to randomly launch tear gas at students to keep them in fear of their superiority, theoretically, they could do it.

    This would be constitutionally absurd, of course. But then so is the notion that this law gives them the right to trample on the second amendment and the Michigan constitution. I would think the very fact that they are state run would indicate that they can't contradict the state constitution. But what do I know, I'm not a lawyer.

    I would hope that this latest gun rights SCOTUS case has a chance at clearing up things like this, but somehow I doubt it will.
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    Regular Member Michigander's Avatar
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    Another thing I've been thinking about is state run universities. Clearly this act is about community colleges, so is there a similar enabling act for state universities?
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    Michigander wrote:
    I've been thinking about this.

    It seems that the terminology of (f) allows them to do damn well whatever they want. Like if they wanted to suspend the right to a fair trial, maybe suspend the right to free speech, or hire JBT's to randomly launch tear gas at students to keep them in fear of their superiority, theoretically, they could do it.

    This would be constitutionally absurd, of course. But then so is the notion that this law gives them the right to trample on the second amendment and the Michigan constitution. I would think the very fact that they are state run would indicate that they can't contradict the state constitution. But what do I know, I'm not a lawyer.

    I would hope that this latest gun rights SCOTUS case has a chance at clearing up things like this, but somehow I doubt it will.
    INYNAL, but i like the way you think.springerdave.

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    Regular Member Michigander's Avatar
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    Thanks.

    Any other thoughts on the legal permissibility of anti gun rules in colleges?
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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