Jonah Patel
The Wisconsin Constitution, first ratified in 1848, is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of the state government, describes state boundaries, and declares the rights of state citizens. The constitution has been amended over 100 times, with the most recent amendment taking place in 2025. Amendments to the constitution can be proposed by a majority of the state legislators or through a constitutional convention. This raises the question: should the Wisconsin Constitution be amended further?
| Characteristics | Values |
|---|---|
| Frequency of amendments | 152 times |
| Last amendment | April 1, 2025 |
| Process of amendment | Legislative or convention-referred constitutional amendment |
| Voting rights | Only U.S. citizens can vote in federal, state, local, or school elections |
| Chief justice appointment | Elected for a term of two years by a majority vote of the justices serving on the court |
| Governor's power | Can veto bills passed by the state legislature |
| Governor's term | Four years |
| Lieutenant governor's term | Four years |
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![Constitution of the United States and of the State of Wisconsin with Amendments to Date and a Brief History of the Admission of Wisconsin to the Union. 1918 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
The process of amending the Wisconsin Constitution
The Wisconsin Constitution, which was ratified in 1848, has been amended nearly 150 times since. The process of amending the constitution is outlined in Article XII of the constitution and is as follows:
Firstly, any amendment must be proposed in either house of the legislature. If it is agreed upon by a majority of the members of both houses, it is entered into their journals, with the yea and nay votes recorded. The amendment is then referred to the next general election, where it must be agreed upon by a majority of the members of each house once again. At this point, the amendment is submitted to the people of Wisconsin, who must approve and ratify it by a majority vote for it to become part of the constitution.
The legislature has considerable discretion in drafting and submitting amendments to the people. Amendments must relate to the same subject and tend to carry out one general purpose. However, in rare circumstances, an amendment may be construed as more than one amendment if it relates to more than one subject and has distinct and separate purposes.
The Wisconsin Constitution also allows for a convention to be called to revise or change the constitution. If a majority of the senate and assembly deem it necessary, they can recommend that the electors vote for or against a convention at the next election for members of the legislature. If a majority of electors vote in favour of a convention, the legislature must provide for it at its next session.
Amendments to the Wisconsin Constitution have covered a range of topics, including the selection of the chief justice of the Wisconsin Supreme Court, the governor's veto power, and voter-initiated recalls of elected officials. The process of amending the constitution allows for changes to be made to reflect the evolving needs and values of the state and its people.
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Voting rights of non-citizens
The Wisconsin Constitution currently grants the right to vote to “every” adult US citizen aged 18 or older, although the Constitution spells out two exceptions: people convicted of felonies and people who have been declared mentally incompetent by a court. However, the Constitution does not explicitly ban municipalities from allowing noncitizen voting in local elections.
In November 2024, Wisconsin voters were asked whether to amend the constitutional provision defining suffrage or voting rights. The ballot question asked whether only US citizens aged 18 or older who reside in an election district should be allowed to vote in elections for national, state, or local office or at a statewide or local referendum. The proposed amendment would have changed the wording on voter eligibility from "every" to "only" US citizen.
Supporters of the amendment, including Republican backers and the conservative organization Wisconsin Family Action, argue that it would prevent noncitizen voting in local elections in Wisconsin and ensure that the voter citizenship requirement remains ironclad. They point to examples of noncitizens legally voting in local elections in other states, such as California, New York, Vermont, and Maryland. Republicans have also warned about large-scale non-citizen voting that could swing elections.
However, opponents of the amendment, including the League of Women Voters of Wisconsin and Wisconsin Conservation Voters, argue that it is unnecessary and redundant, as Wisconsin already bans noncitizens from voting. They also argue that it could weaken voting rights by changing the language from "every" to "only" and that it could be a precursor to requiring proof of citizenship in future elections, which could disenfranchise some voters. Critics also say that non-citizen voting isn't a real problem and that Republicans are using it as part of their general anti-immigration push.
The amendment to restrict voting rights to "only" US citizens passed with 70% of the vote.
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Election of the chief justice
The Wisconsin Constitution, written in 1847 and approved in 1848, has been amended over a hundred times, with the most recent amendment occurring in 2024.
The election of the Chief Justice of the Wisconsin Supreme Court has been amended several times. Initially, judicial candidates ran and were elected to the position of Chief Justice. In 1889, the constitution was amended to assign the position to the most senior justice. This system remained in place until 2015, when an amendment required the Chief Justice to be elected for a two-year term by a majority vote of the justices serving on the court.
The 2015 amendment sparked controversy, with proponents arguing it would promote collegiality within the court, while opponents believed it would have the opposite effect and aimed to remove Shirley Abrahamson from her position as Chief Justice. Shortly after, the court elected Patience Roggensack as the new Chief Justice.
The Wisconsin Constitution grants the legislature significant discretion in drafting and submitting amendments to the people. Amendments can be proposed in either house of the legislature, and if agreed upon by a majority in each house, they are entered into their journals and referred to the next general election. If the proposed amendment is then agreed upon by a majority in the next legislature, it is submitted to the people for approval.
The legislature can also choose to submit multiple distinct propositions to the electorate as a single constitutional amendment if they relate to the same subject matter and have one general purpose. However, if a court voids a referendum, the legislature must resubmit the proposed amendment to the people.
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Powers of the governor
The Wisconsin Constitution outlines the powers and duties of the executive branch, which includes the governor. The governor of Wisconsin is given command of the state's military forces and the power to pardon convicts. The governor also has the power to veto bills passed by the state legislature, including appropriation bills, which can be vetoed in part. This power, granted in 1930, is considered the strongest in the country, allowing the governor to act as a "one-person legislature".
The governor's partial veto authority is set forth in Article V, § 10(1)(b) of the Wisconsin Constitution, which states that "appropriation bills may be approved... in part by the Governor, and the part approved shall become law". This power has been amended several times to curtail its scope. In 1990, an amendment prohibited the governor from forming new words in bills by vetoing individual letters, a practice known as the "Vanna White veto". Further amendments in 2008 prevented the governor from creating new sentences by vetoing portions of two or more separate sentences, a tactic called the "Frankenstein veto".
Despite these amendments, the governor's veto power is still considered expansive and has been criticised as an overreach of executive authority. Republican lawmakers have proposed further limitations, arguing that the governor should only be able to veto entire sections of spending bills, rather than individual words or phrases. These proposals aim to address concerns about the governor's ability to rewrite legislation and act as a "super lawmaker".
In addition to veto power, the Wisconsin Constitution provides for the governor to be elected jointly with the lieutenant governor to four-year terms. This change was made in 1967, amending the previous two-year term. The constitution also outlines a line of succession for the governor in the event of resignation, removal, or death, with executive power transferring to the lieutenant governor.
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The role of the state legislature in amending the constitution
The Wisconsin Constitution has been amended nearly 150 times since its ratification in 1848. The state legislature plays a crucial role in the process of amending the constitution, which can be initiated through two methods: a legislative process or a constitutional convention.
The legislative process for amending the constitution is outlined in Article XII of the Wisconsin Constitution. An amendment can be proposed in either house of the legislature, and if it receives a majority vote in both houses, it is entered into their journals, along with the yeas and nays, and referred to the next general election. After the election, the newly chosen legislature must vote on the proposed amendment again, and if it passes by a majority in both houses, it is then submitted to the people for ratification. The proposed amendment must be published for three months before the election at which it will be voted on. If a majority of voters approve the amendment, it becomes part of the constitution.
The Wisconsin Legislature, as described in Article IV of the constitution, is divided into two houses: the State Assembly and the State Senate. Each house has the power to initiate bills and amend bills passed by the other house. The constitution outlines the method for electing legislators and sets their terms as two years for representatives to the assembly and four years for senators.
The legislature also has the authority to form municipal courts with jurisdiction over individual cities, villages, and towns in the state. Additionally, it can propose and pass amendments to the constitution, as described earlier. The constitution grants the legislature considerable discretion in drafting and submitting amendments to the people for approval.
The other method for amending the constitution is through a constitutional convention. A constitutional convention can be called if a majority of the state legislators vote in favour of holding one, and the people of Wisconsin approve the vote at the next general election. Amendments proposed through a constitutional convention would still need to be approved by a majority vote of the people to become part of the constitution.
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Frequently asked questions
The Wisconsin Constitution has been amended nearly 150 times.
A legislatively referred constitutional amendment may be proposed to the voters if approved by a simple majority of both chambers of the Wisconsin State Legislature in two legislative sessions. If an amendment is approved by a majority in both chambers of the Legislature in one session, that proposed amendment must be considered by the state legislature chosen at the next general election. Before the second legislative session, the proposed amendment must be published for three months prior to the election. If the amendment is approved by a majority in the second session, it is placed on a statewide ballot at a special or general election. If it is approved by a majority of the state's electorate, it becomes part of the constitution.
The Wisconsin Constitution is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of the state government, describes the state boundaries, and declares the rights of state citizens.
In 1930, the constitution was amended to grant the governor a powerful line-item veto on appropriation bills. In 1990, another amendment specified that the governor cannot create a new word in a bill by vetoing certain letters. In 1950, the constitution was amended to allow the state to set a mandatory retirement age for state judges, although this provision has never been used. In 2024, Wisconsin voters amended the constitution to specify that only U.S. citizens can vote in elections, removing the possibility of non-citizen voting.
