Wisconsin Constitution
Encyclopedia
The Constitution of the State of Wisconsin is the governing document
of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens. The Wisconsin Constitution was written at a constitutional convention held in Madison, Wisconsin
in December 1847 and approved by the citizens of Wisconsin Territory
in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848. Although it has been amended
over a hundred times, the original constitution ratified in 1848 is still in use. This makes the Wisconsin Constitution the oldest U.S. state constitution
outside of New England
. Only Massachusetts
, New Hampshire
, Vermont
, Maine
, and Rhode Island
use older constitutions.
The current Wisconsin Constitution contains a brief preamble and fourteen articles detailing the state government, its powers, and its limitations.
, 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. Although drafted in English, the drafters contracted with publishers of newspapers in the territory, not printed in the English language, to translate the constitution into the languages in which such newspapers were printed. 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.
, 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.
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.
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 leave.
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 Court
s, 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.
However, passing an amendment requires a lengthy three-vote process:
The constitution can also be amended or fully replaced if a new state constitutional convention
is called. In order to call a constitutional convention, a majority of the state legislators must vote in favor of holding a new convention, and then the people of Wisconsin must vote to call a convention during the next general elections.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens. The Wisconsin Constitution was written at a constitutional convention held in Madison, Wisconsin
Madison, Wisconsin
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
in December 1847 and approved by the citizens of Wisconsin Territory
Wisconsin Territory
The Territory of Wisconsin was an organized incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin...
in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848. Although it has been amended
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
over a hundred times, the original constitution ratified in 1848 is still in use. This makes the Wisconsin Constitution the oldest U.S. state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
outside of New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
. Only Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, and Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
use older constitutions.
The current Wisconsin Constitution contains a brief preamble and fourteen articles detailing the state government, its powers, and its limitations.
Creation of the Wisconsin Constitution
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 DemocratsDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, 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
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
. In addition, Edward G. Ryan, the delegate from Racine, Wisconsin
Racine, Wisconsin
Racine is a city in and the county seat of Racine County, Wisconsin, United States. According to 2008 U.S. Census Bureau estimates, the city had a population of 82,196...
, 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
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
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. Although drafted in English, the drafters contracted with publishers of newspapers in the territory, not printed in the English language, to translate the constitution into the languages in which such newspapers were printed. 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 RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, 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.
Legislature
The Wisconsin LegislatureWisconsin Legislature
The Wisconsin Legislature is the state legislature of the U.S. state of Wisconsin. The Legislature is a bicameral body composed of the upper house Wisconsin Senate and the lower Wisconsin Assembly...
is described in Article IV of the Wisconsin Constitution. It is divided into two houses, the Wisconsin State Assembly
Wisconsin State Assembly
The Wisconsin State Assembly is the lower house of the Wisconsin Legislature. Together with the smaller Wisconsin Senate, the two constitute the legislative branch of the U.S. state of Wisconsin....
and Wisconsin State Senate
Wisconsin State Senate
The Wisconsin Senate, the powers of which are modeled after those of the U.S. Senate, is the upper house of the Wisconsin State Legislature, smaller than the Wisconsin State Assembly...
. 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
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of government. The state legislature is prohibited by the constitution from authorizing gambling
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
, 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
Wisconsin Lottery
The Wisconsin Lottery is run by the government of Wisconsin. It is a member of the Multi-State Lottery Association . Its games consist of Mega Millions, Powerball, Megabucks, Supercash!, Badger 5, Pick 3, Pick 4, and scratch games....
. The legislature is also prohibited from passing legislation affecting certain private business, such as voting to change a person's name.
Executive Branch
Article V of the Wisconsin Constitution describes executiveExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
office in the state, providing for a governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and lieutenant governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
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
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
bills passed by the state legislature. The governor is also given line-item veto
Line-item veto
In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package...
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
Secretary of State (U.S. state government)
Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...
.
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 leave.
Judicial Branch
The Wisconsin Constitution outlines the state's judicial branchJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
in Article VII, granting judicial power in the state to a unified Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
consisting of seven justices
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
elected to ten year terms. The justice who has been serving longest is given the powers of chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. In addition to the supreme court, the constitution provides for the Wisconsin Circuit Court
Wisconsin Circuit Court
Circuit Courts are the primary trial courts in Wisconsin, United States. They hear and decide cases involving a wide variety of topics, including contracts, personal injury, family law, children in need of protection and/or services, juvenile delinquency, probate, traffic, small claims,...
s, 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
Wisconsin Court of Appeals
The Wisconsin Court of Appeals is the intermediate appellate court in the state of Wisconsin, above the Wisconsin Circuit Courts but below the Wisconsin Supreme Court...
, 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
The process for making changes to the Wisconsin Constitution is stated in Article XII. An amendment to the state constitution can be introduced by either house of the state legislature; Wisconsin does not have petition-based referendums or initiatives.However, passing an amendment requires a lengthy three-vote process:
- First, a majority of members in both houses of the state legislature must vote in favor of the amendment.
- Once the proposed amendment passes both houses for the first time, any further progress in the amendment's adaptation must wait until after general elections have been held and the state legislature has reconvened with the members chosen in the new elections; then, both houses must vote a second time to accept the proposed amendment (without changes).
- Should the amendment pass the legislature twice, it must be approved in a third vote, the popular vote cast by Wisconsin citizens.
The constitution can also be amended or fully replaced if a new state constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
is called. In order to call a constitutional convention, a majority of the state legislators must vote in favor of holding a new convention, and then the people of Wisconsin must vote to call a convention during the next general elections.