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The current Wisconsin Constitution contains a brief preamble and fourteen articles detailing the state government, its powers, and its limitations.
Although Wisconsin continues to use the original constitution ratified as Wisconsin achieved statehood, the current constitution is the second document to be proposed as the state constitution. In 1846, the residents of Wisconsin Territory first voted to apply for statehood, and they elected 124 representatives to meet in Madison to author a state constitution. These delegates, most of them elected as Democrats, met in the fall of 1846 to write the constitution. However, the document they produced by December 1846 contained several provisions which were deemed radical at the time. The document give married women the right to own property and allowed for a public referendum to settle the issue of African American suffrage. In addition, Edward G. Ryan, the delegate from Racine, Wisconsin, introduced a section to the constitution that prohibited all commercial banking in Wisconsin. Not ready to accept some of these provisions, the public rejected the first proposed constitution in a referendum and elected a second delegation to write a constitution which would be more acceptable to the people.
The second constitutional convention produced a much more conservative document that lacked the controversial progressive clauses in its predecessor. The second draft constitution was mute on the controversial issues of women's property rights. It gave suffrage only to white male citizens over the age of twenty one and American Indians that had been made citizens of the United States, but gave the legislature the ability to extend suffrage to other groups through laws approved by public referendum. The issue of banking was put to a public vote; citizens could decide for themselves whether or not the state legislature could pass laws allowing banking after the constitution was ratified. The second proposed constitution was finished in December 1846, and was approved by the public in March 1848. During the same election, voters also chose to allow the legislature to charter banks. Shortly after the referendum, the state constitution was ratified by the United States Senate and put into effect with the election of the first state officials.
Declaration of Rights
The first article of the Wisconsin constitution outlines the legal rights of state citizens. In addition to reaffirming the rights guaranteed in the United States Bill of Rights, Article I of the Wisconsin Constitution offers additional guarantees to its citizens. Among these are sections which prohibit imprisonment for debt, guarantee resident aliens the same property rights as citizens, affirm that the military is subordinate to civil authorities, allow for the use of state owned school buildings by civil and religious organizations during non-school hours, and guarantee the right of citizens to hunt and fish.
The Wisconsin Legislature is described in Article IV of the Wisconsin Constitution. It is divided into two houses, the Wisconsin State Assembly and Wisconsin State Senate. The constitution sets forth the method of electing legislators and gives their terms as two years for representatives to the assembly and four years for senators. It allows bills to originate in either house, and gives each house the ability to amend bills already passed by the other. In addition, the Wisconsin Constitution outlines certain limitations to the power of the legislative branch of government. The state legislature is prohibited by the constitution from authorizing gambling, although amendments have introduced numerous exceptions to this rule including an allowance for bingo games held by certain non-profit organizations and a state lottery. The legislature is also prohibited from passing legislation affecting certain private business, such as voting to change a person's name.
Article V of the Wisconsin Constitution describes executive office in the state, providing for a governor and lieutenant governor who are elected jointly to four year terms. The constitution also outlines the powers and duties of the executive branch. The governor of Wisconsin is given command of the state's military forces and empowered to pardon convicts. The Wisconsin Constitution also allows the governor to veto bills passed by the state legislature. The governor is also given line-item veto power over bills of appropriation, allowing the executive to cut out certain parts of legislation. The constitution does, however, prohibit the governor to create a new word in a bill by objecting to certain letters. Rejected bills or portions of bills are then returned to the legislative house where the bill originated, where a vote from two thirds of the members can override the veto.
Article V also sets forth a line of succession for the governor should he resign, be removed, or die. In the absence of a governor, executive power is transferred to the lieutenant governor, and in cases where both the governor and lieutenant governor are unable to fulfill executive responsibilities, these powers are transferred to the Wisconsin Secretary of State.
Article VI of the Wisconsin Constitution describes other administrative positions, providing for a secretary of state, treasurer, and attorney general to be elected to four year terms. This article also describes rules for various elected officials on the county level.
The Wisconsin Constitution outlines the state's judicial branch in Article VII, granting judicial power in the state to a unified Wisconsin Supreme Court consisting of seven justices elected to ten year terms. The justice who has been serving longest is given the powers of chief justice. In addition to the supreme court, the constitution provides for the Wisconsin Circuit Courts, which each have districts prescribed by the legislature with borders following county boundaries. An intermediary body between the supreme court and the circuit courts, the Wisconsin Court of Appeals, is also established in the state constitution. Finally, the legislature is granted power to form municipal courts with jurisdiction over individual cities, villages, and towns in the state.
Article VII of the Wisconsin Constitution also describes the process for impeaching and trying state officials. A majority of members in the state assembly can vote to impeach a civil officer. The state senate is then given the power to conduct a trial of the impeached official. If two thirds of the senators present vote to convict the officer, the convicted party is removed from office and made subject to further prosecution under law.
Amending the Constitution
- See also: Amending state constitutions
Article XII of the Wisconsin Constitution provides two methods of amendment:
- An amendment may be proposed and approved by a simple majority of both chambers of the Wisconsin State Legislature. That proposed amendment must then be considered by the state legislature chosen at the next general election in the state -- and, before that legislative session, the proposed amendment that it will consider must be published for three months prior to the election. Should the amendment be approved by a simple majority of this second session that considers it, the proposed amendment is then placed on a statewide ballot at a general election. If it is approved by a simple majority of the state's electorate, it becomes part of the constitution.
- If a simple majority of both houses of the Wisconsin State Legislature votes in favor of this, a constitutional convention question shall be placed on a statewide ballot. If the electors of the state agree by a simple majority to call a constitutional convention, then one shall be convened by the state legislature during its next session.
- Text of the Wisconsin Constitution (PDF)
- The Making of the Wisconsin Constitution (Article from the State Bar of Wisconsin)
- Turning Points of Wisconsin History: The State Constitutions of 1846 and 1848
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