Article I, Wisconsin Constitution

Wisconsin Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

Article I of the Wisconsin Constitution is entitled Declaration of Rights and consists of 27 sections.

Section 1

	Text of Section 1: Equality; Inherent Rights All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed.

Section 2

	Text of Section 2: Slavery Prohibited There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

Section 3

Text of Section 3: Free Speech; Libel Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it appears to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and fact.

Section 4

	Text of Section 4: Right to Assemble and Petition The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

Section 5

Text of Section 5: Trial by Jury; Verdict in Civil Cases The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. Provided, however, that the legislature may, from time to time, by statute provide that a valid verdict, in civil cases, may be based on the votes of a specified number of the jury, not less than five-sixths thereof.

Section 6

	Text of Section 6: Excessive Bail; Cruel Punishments Excessive bail shall not be required, nor shall excessive fines be imposed, nor cruel and unusual punishments inflicted.

Section 7

Text of Section 7: Rights of Accused In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf-, and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.

Section 8

Text of Section 8: Prosecutions; Double Jeopardy; Self-Incrimination; Bail; Habeas Corpus (1) No person may be held to answer for a criminal offense without due process of law, and no person for the same offense may be put twice in jeopardy of punishment, nor may be compelled in any criminal case to be a witness against himself or herself. (2) All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious harm as defined by the legislature by law, or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court, or if the person is accused of a violent crime as defined by the legislature by law, only upon a finding that there is a reasonable basis to believe that the conditions are necessary based on the totality of the circumstances, taking into account whether the accused has a previous conviction for a violent crime as defined by the legislature by law, the probability that the accused will fail to appear in court, the need to protect members of the community from serious harm as defined by the legislature by law, the need to prevent the intimidation of witnesses, and the potential affirmative defenses of the accused. The legislature may authorize, by law, courts to revoke a person's release for a violation of a condition of release. (3) The legislature may by law authorize, but may not require, circuit courts to deny release for a period not to exceed 10 days prior to the hearing required under this subsection to a person who is accused of committing a murder punishable by life imprisonment or a sexual assault punishable by a maximum imprisonment of 20 years, or who is accused of committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another and who has a previous conviction for committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent intimidation of witnesses. Any law enacted under this subsection shall be specific, limited and reasonable. In determining the 10-day and 60-day periods, the court shall omit any period of time found by the court to result from a delay caused by the defendant or a continuance granted which was initiated by the defendant. (4) The privilege of the writ of habeas corpus shall not be suspended unless, in cases of rebellion or invasion, the public safety requires it.

Amendments

• Amended with the approval of Question 1 and Question 2 on April 4, 2023.

Section 9

	Text of Section 9: Remedy for Wrongs Every person is entitled to a certain remedy in the laws for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.

Section 9m

Text of Section 9m: Victims of Crime (1) (a) In this section, notwithstanding any statutory right, privilege, or protection, “victim” means any of the following: 1. A person against whom an act is committed that would constitute a crime if committed by a competent adult. 2. If the person under subd. 1. is deceased or is physically or emotionally unable to exercise his or her rights under this section, the person's spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative. 3. If the person under subd. 1. is a minor, the person's parent, legal guardian or custodian, or other lawful representative. 4. If the person under subd. 1. is adjudicated incompetent, the person's legal guardian or other lawful representative. (b) “Victim” does not include the accused or a person who the court finds would not act in the best interests of a victim who is deceased, incompetent, a minor, or physically or emotionally unable to exercise his or her rights under this section. (2) In order to preserve and protect victims' rights to justice and due process, victims shall be entitled to all of the following rights, which shall vest at the time of victimization and be protected by law in a manner no less vigorous than the protections afforded to the accused: (a) To be treated with dignity, respect, courtesy, sensitivity, and fairness. (b) To privacy. (c) To have information or records protected that could be used to locate or harass the victim or that could disclose confidential or privileged information of the victim. (d) To proceedings free from unreasonable delay. (e) To timely disposition of the case, free from unreasonable delay. (f) To be present at all times at all proceedings involving the case. (g) To reasonable protection from the accused throughout the justice process. (h) To reasonable and timely notification of proceedings. (i) To confer with the attorney for the government. (j) To be informed by and provide input to the attorney for the government about any case disposition agreement, including a plea agreement, deferred prosecution agreement, or diversion agreement, before a final decision is made concerning such an agreement. (k) To be heard in any proceeding during which a right of the victim is implicated, including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon. (l) To have information submitted to the authority with jurisdiction over the case pertaining to the economic, physical, and psychological effect of the crime or juvenile offense upon the victim and to have that information considered by that authority. (m) To timely notice of any release or escape of the accused or death of the accused if the accused is in custody or on supervision at the time of death. (n) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused. (o) To full restitution; and to be provided with assistance collecting restitution. (p) To have any moneys or property collected from a person who has been ordered to make restitution to the victim be applied first to restitution of the victim before being applied to any amounts owed by that person to the government. (q) To compensation as provided by law. (r) To timely information about the outcome of the case. (s) To timely notice about all rights under this section and all other rights, privileges, or protections of the victim provided by law, including how such rights, privileges, or protections are enforced. (3) Except as provided under sub. (2) (q), all provisions of this section are self-executing. The legislature may provide further procedures for compliance with and enforcement of this section. (4) (a) In addition to any other available enforcement of rights or remedy for a violation of this section or of other rights, privileges, or protections provided by law, the victim, the victim's attorney or other lawful representative, or the attorney for the government upon request of the victim may assert and seek in any circuit court or before any other authority of competent jurisdiction, enforcement of the rights in this section and any other right, privilege, or protection afforded to the victim by law. The court or other authority with jurisdiction over the case shall act promptly on such a request and afford a remedy for the violation of any right of the victim. The court or other authority with jurisdiction over the case shall clearly state on the record the reasons for any decision regarding the disposition of a victim's right and shall provide those reasons to the victim or the victim's attorney or other lawful representative. (b) Victims may obtain review of all adverse decisions concerning their rights as victims by courts or other authorities with jurisdiction under par. (a) by filing petitions for supervisory writ in the court of appeals and supreme court. (5) This section does not create any cause of action for damages against the state; any political subdivision of the state; any officer, employee, or agent of the state or a political subdivision of the state acting in his or her official capacity; or any officer, employee, or agent of the courts acting in his or her official capacity. (6) This section is not intended and may not be interpreted to supersede a defendant's federal constitutional rights or to afford party status in a proceeding to any victim.

Amendments

• Amended with the approval of Wisconsin Marsy's Law Crime Victims Rights Amendment (April 2020) in April 2020.

Section 10

	Text of Section 10: Treason Treason against the state shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Section 11

	Text of Section 11: Searches and Seizures The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Section 12

	Text of Section 12: Attainder; Ex Post Facto; Contracts No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate.

Section 13

	Text of Section 13: Private Property for Public Use The property of no person shall be taken for public use without just compensation therefore.

Section 14

	Text of Section 14: Feudal Tenures; Leases; Alienation All lands within the state are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land for a longer term than fifteen years in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation reserved in any grant of land, hereafter made, are declared to be void.

Section 15

	Text of Section 15: Equal Property Rights for Aliens and Citizens No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment or descent of property.

Section 16

	Text of Section 16: Imprisonment for Debt No person shall be imprisoned for debt arising out of or founded on a contract, expressed or implied.

Section 17

	Text of Section 17: Exemption of Property of Debtors The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.

Section 18

Text of Section 18: Freedom of Worship; Liberty of Conscience; State Religion; Public Funds The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982.

Section 19

	Text of Section 19: Religious Tests Prohibited No religious tests shall ever be required as a qualification for any office of public trust under the state, and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion.

Section 20

	Text of Section 20: Military Subordinate to Civil Power The military shall be in strict subordination to the civil power.

Section 21

	Text of Section 21: Rights of Suitors (1) Writs of error shall never be prohibited, and shall be issued by such courts as the legislature designates by law. (2) In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor’s choice.

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 22

	Text of Section 22: Maintenance of Free Government The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.

Section 23

	Text of Section 23: Transportation of School Children Nothing in this constitution shall prohibit the legislature from providing for the safety and welfare of children by providing for the transportation of children to and from any parochial or private school or institution of learning.

1965 J.R. 46, 1967 J.R. 13, vote April 1967.

Section 24

	Text of Section 24: Use of School Buildings Nothing in this constitution shall prohibit the legislature from authorizing, by law, the use of public school buildings by civic, religious or charitable organizations during nonschool hours upon payment by the organization to the school district of reasonable compensation for such use.

1969 J.R. 38, 1971 J.R. 27, vote April 1972.

Section 25

	Text of Section 25: Right to Keep and Bear Arms The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

1995 J.R. 27, 1997 J.R. 21, vote November 1998.

Section 26

	Text of Section 26: Right to Fish, Hunt, Trap, and Take Game The people have the right to fish, hunt, trap, and take game subject only to reasonable restrictions as prescribed by law.

2001 J.R. 16, 2003 J.R. 8, vote April 2003.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Wisconsin State Legislature, "Wisconsin Constitution"
• Wisconsin Historical Society, "Turning Points of Wisconsin History: The State Constitutions of 1846 and 1848"

Additional reading

• Stark, Jack. (2011). The Wisconsin State Constitution, New York, New York: Oxford University Press
• Janik, Erika. (2010). A Short History of Wisconsin, Madison, Wisconsin: Wisconsin Historical Society Press
• Stark, Jack. (1997). The Wisconsin State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Publishing