1. Superintendent of public instruction.
2. School fund created; income applied.
3. District schools; tuition; sectarian instruction; released time.
5. Income of school fund.
6. State university; support.
7. Commissioners of public lands.
ARTICLE XI.
CORPORATIONS.
Section
1. Corporations; how formed.
2. Property taken by municipality.
3. Municipal home rule; debt limit; tax to pay debt.
3a. Acquisition of lands by state and subdivisions; sale of excess.
ARTICLE XII.
AMENDMENTS.
Section
1. Constitutional amendments.
2. Constitutional conventions.
ARTICLE XIII.
MISCELLANEOUS PROVISIONS.
Section
1. Political year; elections.
3. Eligibility to office.
8. Removal of county seats.
9. Election or appointment of statutory officers.
11. Passes, franks and privileges.
12. Recall of elective officers.
ARTICLE XIV.
SCHEDULE.
Section
1. Effect of change from territory to state.
2. Territorial laws continued.
13. Common law continued in force.
16. Implementing revised structure of judicial branch.
_____________________________________________________
Note: An index to the Wisconsin Constitution follows. The general index contains references to the Wisconsin Constitution under the head "Constitution, Wisconsin."
PREAMBLE
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.
The Making of the Wisconsin Constitution. Ranney. Wis. Law. Sept. 1992.
DECLARATION OF RIGHTS
I,1 Equality; inherent rights. Section 1. [As amended Nov. 1982 and April 1986] 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. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982; 1983 J.R. 40, 1985 J.R. 21, vote April 1986]
EQUAL PROTECTION
The fact that there is no mandatory release date for persons convicted of 1st degree murder as there is for other crimes does not amount to denial of equal protection. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46.
Legislative classifications violate equal protection only if they are irrational or arbitrary. Any reasonable basis for the classification for the classification validates the statute. There is a five point test to determine reasonableness. Omernik v. State, 64 Wis. 2d 6, 218 Wis. 2d 734 (1974).
There is a meaningful distinction between governmental employes and nongovernmental employes. The statutory strike ban imposed on public employes is based upon a valid classification and the legislation creating it is not unconstitutional as a denial of equal protection. Hortonville Ed. Asso. v. Jt. Sch. Dist. No. 1, 66 Wis. 2d 469, 225 N.W.2d 658.
The statutory distinction between parolees out of state under 57.13, 1987 stats. [now 304.13] and absconding parolees, denying extradition to the former but not the latter, is a constitutionally valid classification. State ex rel. Niederer v. Cady, 72 Wis. 2d 311, 240 N.W.2d 626.
In order for a female prostitute to avoid prosecution upon equal protection grounds, it must be shown that the failure to prosecute male patrons was selective, persistent, discriminatory and without justifiable prosecutorial discretion. State v. Johnson, 74 Wis. 2d 169, 246 N.W.2d 503.
Equal protection does not require symmetry in probation and parole systems. State v. Aderhold, 91 Wis. 2d 306, 284 N.W.2d 108 (Ct. App. 1979).
Discriminatory prosecution discussed. Sears v. State, 94 Wis. 2d 128, 287 N.W.2d 785 (1980).
A gender based rule must serve important governmental objectives and the means employed must be substantially related to the achievement of those objectives. The common law doctrine of necessaries does not deny equal protection. Marshfield Clinic v. Discher, 105 Wis. 2d 506, 314 N.W.2d 326 (1982).
It does not violate equal protection to classify employes according to retirement date for purpose of pension benefits. Bence v. Milwaukee, 107 Wis. 2d 469, 320 N.W.2d 199 (1982).
A grandfather clause granting a perpetual exception from police power regulation for certain persons for purely economic reasons denies equal protection. Wis. Wine & Spirit Institute v. Ley, 141 Wis. 2d 958, 416 N.W.2d 914 (Ct. App. 1987).
A prostitution raid focusing only on female participants amounts to selective prosecution in violation of equal protection; in depth discussion of constitutional analysis. State v. McCollum, 159 Wis. 2d 184, 464 N.W.2d 44 (Ct. App. 1990).
A prisoner who is a defendant in a civil tort action is entitled to a meaningful opportunity to be heard; where no liberty interest is at stake there is no constitutional right to appointed counsel, and there is a rebuttable presumption against such appointment. Piper v. Popp, 167 Wis. 2d 633, 482 N.W.2d 353 (1992).
The defense of discriminatory prosecution requires showing the prosecution is selective and intended to deny a constitutional right or motivated by the prosecutor's personal vindictiveness. Upon such a showing, the state has the burden of showing a reasonable basis for the classification. State v. Barman, 183 Wis. 2d 180, 515 N.W.2d 493 (Ct. App. 1994).
A nonlawyer may not sign and file a notice of appeal on behalf of a corporation. To do so constitutes practicing law without a license in violation of s. 757.30 and voids the appeal. Requiring a lawyer to represent a corporation in filing the notice does not violate constitutional guarantees of equal protection and due process. Jadair Inc. v. United States Fire Insurance Co. 209 Wis. 2d 187, 561 N.W.2d 718 (1997).
"Selective prosecution" when referring to the failure to prosecute all known lawbreakers has no standing in equal protection law. Only "selective prosecution" when referring to the decision to prosecute in retaliation for the exercise of a constitutional right gives rise to an actionable right under the constitution. County of Kenosha v. C. & S. Management, Inc. 223 Wis. 2d 373, 588 N.W.2d 236 (1999).
The state and federal constitutions provide identical procedural due process and equal protection safeguards. County of Kenosha v. C. & S. Management, Inc. 223 Wis. 2d 373, 588 N.W.2d 236 (1999).
Although counties may charge reasonable fees for the use of facilities in their county parks, they may not charge such fees only to out-of-state residents while allowing all Wisconsin residents to utilize such facilities free of charge simply because ORAP or ORAP-200 funds are involved. Such action would create an arbitrary and unreasonable distinction based on residence and unconstitutionally deny residents of other states equal protection of the laws. 60 Atty. Gen. 18.
Requirement that deputy sheriffs and police officers be citizens does not deny equal protection to resident aliens. 68 Atty. Gen. 61.
Classifications by gender must serve important government objectives and must be substantially related to achievement of those objectives. Orr v. Orr, 440 U.S. 268 (1979).
Citizenship requirement for public teachers in New York did not violate equal protection. Ambach v. Norwick, 441 U.S. 68 (1979).
Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney, 442 U.S. 256 (1979).
Worker's compensation law that required men, but not women, to prove disability or dependence on deceased spouse's earnings violated equal protection. Wengler v. Druggists Mutual Ins. Co. 446 U.S. 142 (1980).
Racial classification did not violate equal protection clause. Fullilove v. Klutznick, 448 U.S. 448 (1980).
Statutory rape law applicable only to males had "fair and substantial relationship" to legitimate state ends. Michael M. v. Sonoma County Superior Court, 450 U.S. 464 (1981).
A state university open only to women violated equal protection. Mississippi University for Women v. Hogan, 458 U.S. 718 (1982).
A layoff plan giving preference on basis of race to accomplish affirmative action goals wasn't sufficiently narrowly tailored and, therefore, violated equal protection. Wygant v. Jackson Board of Education, 476 U.S. 267 (1986).
There is no equal protection violation in a state classifying as nonresidents for tuition purposes persons who are residents for all other purposes. Lister v. Hoover, 655 F.2d 123 (1981).
The postconviction detention of a person in county jail is a violation of the equal protection clause of the 14th amendment if it is occasioned by the prisoner's indigency. Taylor v. Gray, 375 F. Supp. 790.
The contrast between percentage of black population of city, 17.2%, and percentage of black composition of "fixed wage" skilled craft positions available in city, 3.1%, evidenced a substantial disparity between proportion of minorities in general population and proportion in a specific job classification and was such as to establish a prima facie case of unlawful racial discrimination, absent a showing by city that statistical discrepancy resulted from causes other than racial discrimination. Crockett v. Grun, 388 F. Supp. 912.
