The Wisconsin Constitution's Historical Journey: A Yearly Recap

The Constitution of Wisconsin, written in 1847 and 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 outlines the rights and duties of its citizens. The constitution has been amended over a hundred times, with the most recent amendment occurring in 2020. This article will explore the key features of the Wisconsin Constitution, including the structure of the state government, the powers granted to the executive branch, and the role of the judicial system.

Explore related products

Constitution Of The State Of Wisconsin: With A Brief History Of The Admission Of Wisconsin To The Union

$29.95

The Wisconsin State Constitution (Oxford Commentaries on the State Constitutions of the United States)

$152.21 $240

Wisconsin Constitution

$11.95 $11.95

The Documentary History of the Ratification of the Constitution, Volume 1: Constitutional Documents and Records 1776-1787 (Volume 1)

$95

The Documentary History of the Ratification of the Constitution, Volume 12: Ratification of the Constitution by the States, Maryland, No. 1 (Volume 12)

$95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Wisconsin Constitution was written in 1847 and approved in 1848

The Wisconsin Constitution was approved by the citizens of the Wisconsin Territory in a referendum held in March 1848, and Wisconsin was admitted to the United States on May 29, 1848, as a quick transition to statehood. The constitution has been amended over a hundred times since its ratification, but the original document from 1848 is still in use, making it the oldest U.S. state constitution outside of New England.

The Wisconsin Constitution consists of a brief preamble and fourteen articles detailing the state government, its powers, and its limitations. It establishes a bicameral legislature, with the Wisconsin State Assembly and the Wisconsin State Senate, and sets forth the method of electing legislators, with two-year terms for assembly representatives and four-year terms for senators. The constitution also allows bills to originate in either house and grants each house the power to amend bills passed by the other.

Article V of the Wisconsin Constitution describes the executive branch, providing for a governor and lieutenant governor elected jointly to four-year terms. The governor is given command of the state's military forces and the power to veto bills passed by the legislature. The constitution also outlines the powers and duties of other administrative positions in Article VI, including the secretary of state, treasurer, and attorney general, who are also elected to four-year terms.

The Wisconsin Constitution also establishes a unified Wisconsin Supreme Court, consisting of seven justices elected to ten-year terms, as outlined in Article VII. Additionally, it provides for the Wisconsin Circuit Courts, with districts prescribed by the legislature following county boundaries.

The constitution was drafted at a convention in Madison, Wisconsin

The Wisconsin Constitution was drafted at a convention in Madison, Wisconsin, in December 1847. This was the second convention of its kind, as delegates had convened in the same place a year earlier, in December 1846, to discuss a constitution. However, the delegates, who were mostly Democrats, were divided into several factions that argued for ten weeks before agreeing on a draft. The 1846 convention concluded with a proposed constitution that was considered far more progressive than those of other states at the time.

The 1847 convention produced a more moderate constitution in just seven weeks. The delegates omitted any mention of women's property rights or black suffrage, instead granting suffrage to white native-born men, immigrant men who intended to become citizens, and Indigenous people admitted as US citizens. The 1847 draft also allowed the legislature to charter banks after submitting the matter to a popular vote.

The Wisconsin Constitution was approved by the citizens of the Wisconsin Territory in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848, and the constitution was ratified in the same year. The original constitution, which has been amended over a hundred times, is still in use today, making it the oldest US state constitution outside of New England.

The Wisconsin Constitution establishes the structure and function of the state government, describes state boundaries, and declares the rights of state citizens. It consists of a brief preamble and fourteen articles detailing the state government, its powers, and its limitations.

It has been amended over 100 times since its original ratification

The Wisconsin Constitution, 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 a hundred times since its original ratification, with the most recent amendment occurring in 2020.

The process of drafting and ratifying the Wisconsin Constitution began in 1846, with four previous attempts at statehood having been defeated. In the fall of 1846, 124 delegates, mostly Democrats, met in Madison to draft a constitution. The delegates spent ten weeks arguing before agreeing on a draft, with a particular focus on economic and social issues, especially concerning banks and paper money. One of the most influential articles was presented by a delegate from Racine named Edward G. Ryan, who believed that metal money was the only safe currency and that legislatures were too easily bribed by banks. Ryan's proposal effectively prohibited all commercial banking in Wisconsin and outlawed the circulation of paper money in denominations greater than twenty dollars.

The first constitution drafted in 1846 was considered too progressive, and a new convention met in December 1847 to draft a more moderate constitution. This second draft omitted any mention of women's property rights or black suffrage and instead granted suffrage to white native-born men, immigrant men intending to become citizens, and Indigenous people admitted as U.S. citizens. It also allowed the legislature to charter banks after submitting the matter to a popular vote. This more acceptable constitution was ratified by the citizens of Wisconsin Territory in a referendum held in March 1848, and Wisconsin was admitted to the United States on May 29, 1848.

Since its original ratification, the Wisconsin Constitution has undergone numerous amendments. For example, in 1930, the constitution was amended to grant the governor a powerful line-item veto on appropriation bills. This power was later curtailed by an amendment in 1990, which specified that the governor could not create new words in a bill by vetoing certain letters. Another amendment in 1955 set a mandatory retirement age of 70 for state judges, although this was later repealed in 1977. In 1967, the constitution was amended to convert the governor and lieutenant governor's terms from two years to four years and to combine their elections into a single ticket.

Explore related products

THE WISCONSIN CONSTITUTION DOCTRINE: Articles, Amendments, And Legal Frameworks Explained

$24

The Documentary History of the Ratification of the Constitution and the Bill of Rights, Volume 41: Bill of Rights, No. 5 (Volume 41)

$95

The Documentary History of the Ratification of the Constitution and the Bill of Rights, Volume 38: Bill of Rights, No. 2, The Public Debate, September 1787-May 1788 (Volume 38)

$95

The Convention of 1846

$46.95

Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror

$26.35 $26.95

The Documentary History of the Ratification of the Constitution and the Bill of Rights, Volume 40: Bill of Rights, No. 4, 1 January-31 August 1789 (Volume 40)

$95

The Wisconsin Constitution outlines the state's judicial branch in Article VII

The Wisconsin Constitution, written in December 1847 and approved in March 1848, 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.

Article VII of the Wisconsin Constitution, entitled "Judiciary", outlines the state's judicial branch. It consists of 24 sections, nine of which have been repealed. Article VII grants judicial power in the state to a unified Wisconsin Supreme Court, consisting of seven justices elected to ten-year terms. The chief justice of the court is elected for a term of two years by a majority vote of the justices serving on the court. However, the justice so elected can decline the appointment.

In addition to the supreme court, the constitution provides for the Wisconsin Circuit Courts, with districts prescribed by the legislature following county boundaries. The constitution also outlines the process for impeaching and trying state officials. A majority of members in the state assembly can vote to impeach a civil officer, after which the state senate conducts an impeachment trial. Conviction requires an affirmative vote of two-thirds of the senators present. Wisconsin's constitution limits impeachment to "corrupt conduct in office, or for crimes and misdemeanors", and limits punishment to removal from office or disqualification from future office.

The constitution further addresses the inherent powers of the courts, including the power to maintain the dignity of the court, transact its business, and accomplish its purpose. For instance, courts have the authority to investigate claims of fraudulent behaviour or improper witness influence. Additionally, Article VII clarifies that courts cannot stay or suspend the execution of a sentence without statutory authority. It also specifies that the legislative delegation of revocation to the executive branch should not interfere with the judiciary's constitutional function to impose criminal penalties.

The constitution was amended in 1930 to grant the governor a powerful line-item veto

The Wisconsin Constitution was written in 1846, two years before the state gained official statehood, and it has since undergone numerous amendments. One significant amendment occurred in 1930, when the constitution was altered to grant the governor a powerful line-item veto. This amendment marked a turning point in the state's history and had a profound impact on the balance of power within Wisconsin's government.

The line-item veto is the power of a governor to strike or delete specific items from a budget bill while approving the rest. This ability gives the executive branch significant leverage over the legislative branch, as it allows the governor to shape the budget according to their priorities and remove items they deem unnecessary or wasteful. Prior to the amendment, the governor had limited veto power, primarily allowing them to accept or reject an entire budget bill, which gave the legislature more control over the state's spending.

The 1930 amendment significantly strengthened the governor's authority, particularly in the realm of fiscal policy. With the line-item veto, the governor gained the ability to exert finer control over the state's budget, promoting efficiency and allowing for more targeted spending. This also meant that the governor could influence policy by incentivizing or deterring certain legislative actions through the selective approval or rejection of budget items.

However, this expansion of the governor's power did not come without controversy. Some critics argued that it upset the constitutional balance of powers by giving the executive branch too much control over the state's finances, potentially limiting the legislature's ability to effectively represent the diverse interests and needs of Wisconsin's citizens. Despite these concerns, the amendment ultimately gave the governor of Wisconsin one of the strongest budgetary veto powers in the country.

The process of amending the Wisconsin Constitution underscored the importance of this change. To amend the constitution, a proposal must first be passed by two consecutive legislatures, and then it is put before the voters in a statewide referendum. The fact that this amendment was successfully approved by both the legislature and the voters highlights the significance that Wisconsinites placed on granting the governor this additional authority.

In conclusion, the 1930 amendment to the Wisconsin Constitution, which granted the governor a powerful line-item veto, represented a substantial shift in the state's governance structure. This change had far-reaching implications for the relationship between the executive and legislative branches and continues to shape fiscal policy and budgetary decisions in Wisconsin to this day.

Frequently asked questions