This proposed subsection covers two points of law. The first involves actions (or nonactions) by the Legislature. Often, when the state constitution is amended, the Legislature passes “enabling” legislation to accompany the amendment and specify its exact effects. This subsection’s declaration that the various subsections of the proposed Article I, Section 28, are “self-executing” stipulates that they will have the full force of law even if no enabling legislation is passed.

The second declares that the various subsections of the proposed Article I, Section 28, are “severable” if “found to be in conflict with or preempted by the United States Constitution or Federal law.” This clause means that if any portion of the proposed subsections is nullified by a court ruling, the remaining subsections will remain enforceable as part of the Michigan Constitution. An adverse court ruling is therefore not “all or nothing.”