See note to 115.34, citing 69 Atty. Gen. 109.
Department of health and social services can constitutionally license and regulate community based residential facilities operated by religious organizations not exempt under 50.01 (1), 1985 stats. [now 50.01 (1g)] or 50.03 (9). 71 Atty. Gen. 112.
University of Wisconsin athletes may not engage in voluntary prayer led by coach prior to athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75 Atty. Gen. 81.
Scope of this section discussed. 75 Atty. Gen. 251 (1986).
Establishment Clause prohibits states from loaning instructional material to sectarian schools or providing auxiliary services to remedial and exceptional students in such schools. Meek v. Pittenger, 421 US 349.
In adjudicating church property dispute, state may adopt "neutral principles of law" analysis regarding deeds, applicable statutes, local church's charter and general church's constitution. Jones v. Walf, 443 US 595 (1979).
Statute does not contravene establishment clause if it has secular legislative purpose, its primary effect neither advances nor inhibits religion, and it does not excessively entangle government with religion. Committee for Public Education v. Regan, 444 US 646 (1980).
Representation of Ten Commandments as basis for legal code of western civilization violated establishment clause. Stone v. Graham, 449 US 39 (1980).
Denial of unemployment compensation to Jehovah's Witness who quit job due to religious beliefs was violation of free exercise right. Thomas v. Review Bd., Ind. Empl. Sec. Div. 450 US 707 (1981).
State fair rule which limited religious group to assigned booth in conducting its religious activities did not violate free exercise clause. Heffron v. Int'l Soc. for Krishna Consc. 452 US 640 (1981).
See note to Art. I, sec. 3, citing Widmar v. Vincent, 454 US 263 (1981).
Nativity scene displayed by city did not violate Establishment Clause. Lynch v. Donnelly, 465 US 668 (1984).
Due to setting and nature of display, menorah placed next to Christmas tree placed outside of city-county building did not violate establishment clause while prominent placement of creche inside courthouse did. Allegheny County v. Pittsburgh ACLU, 492 US 573, 106 LEd 2d 472 (1989).
Prohibition of peyote used in religious ceremony does not violate free exercise of religion. Employment Division v. Smith, 494 US 872, 108 LEd 2d 876 (1990).
Federal equal access act prohibits high schools from barring student religious club meetings on school premises when other "noncurriculum-related" clubs are allowed access. Westside Community Schools v. Mergens, 496 US 292, 110 LEd 2d 191 (1990).
Public school district's inclusion of prayers at public graduation ceremony, offered by member of the clergy at the district's request and direction, violated establishment clause of 1st Amendment. Lee v. Weisman, 505 US , 120 LEd 2d 467 (1992).
Legislative mandate requiring reasonable accommodation of religious conduct does not violate establishment clause. Nottelson v. Smith Steel Wkrs. D.A.L.U. 19806, 643 F (2d) 445 (1981).
Nyquist and public aid to private education. Piekarski, 58 MLR 247.
The role of civil courts in church disputes. 1977 WLR 904.
First amendment-based attacks on Wisconsin "attendance area" statutes. 1980 WLR 409.
Brave new world revisited: Fifteen years of chemical sacraments. 1980 WLR 879.
I,19 Religious tests prohibited. Section 19. 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.
I,20 Military subordinate to civil power. Section 20. The military shall be in strict subordination to the civil power.
I,21 Rights of suitors. Section 21. [As amended April 1977]
I,21,(1) (1) Writs of error shall never be prohibited, and shall be issued by such courts as the legislature designates by law.
I,21,(2) (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]
I,22 Maintenance of free government. Section 22. 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.
I,23 Transportation of school children. Section 23. [As created April 1967] 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]
Elementary Secondary Education Act funds may be used in dual enrollment programs to transport children from parochial schools to and from public schools. 65 Atty. Gen. 126.
I,24 Use of school buildings. Section 24. [As created April 1972] 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]
ARTICLE II.
BOUNDARIES
II,1 State boundary. Section 1. It is hereby ordained and declared that the state of Wisconsin doth consent and accept of the boundaries prescribed in the act of congress entitled "An act to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: Beginning at the northeast corner of the state of Illinois--that is to say, at a point in the center of Lake Michigan where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the state of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menominee river; thence up the channel of the said river to the Brule river; thence up said last-mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the center of the main channel of that river to the northwest corner of the state of Illinois; thence due east with the northern boundary of the state of Illinois to the place of beginning, as established by "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," approved April 18th, 1818.
II,2 Enabling act accepted. Section 2. [As amended April 1951] The propositions contained in the act of congress are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and in no case shall nonresident proprietors be taxed higher than residents. Provided, that nothing in this constitution, or in the act of congress aforesaid, shall in any manner prejudice or affect the right of the state of Wisconsin to 500,000 acres of land granted to said state, and to be hereafter selected and located by and under the act of congress entitled "An act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one. [1949 J.R. 11; 1951 J.R. 7; vote April 1951]
ARTICLE III.
SUFFRAGE.
III,1 Electors. Section 1. [As amended Nov. 1882, Nov. 1908, Nov. 1934; repealed April 1986; created April 1986] Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov. 1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R. 91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
See note to 66.021, citing Washington v. Altoona, 73 W (2d) 250, 243 NW (2d) 404.
The legislature can amend the current election statutes, without referendum, so as to make said statutes conform with the Twenty-Sixth Amendment to the United States Constitution. 61 Atty. Gen. 89.
Proposal to amend statute to allow nonresident property owners to vote on metropolitan sewerage district bonds, in addition to electors, probably would require the proposal to be submitted to a vote of the electorate under sec. 1. 63 Atty. Gen. 391.
Constitutional law: residency requirements. 53 MLR 439.
III,2 Implementation. Section 2. [As repealed April 1986; created April 1986] Laws may be enacted:
III,2,(2) (2) Providing for registration of electors.
III,2,(4) (4) Excluding from the right of suffrage persons:
III,2,(4)(a) (a) Convicted of a felony, unless restored to civil rights.
III,2,(4)(b) (b) Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside.
III,2,(5) (5) Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 US 24.
III,3 Secret ballot. Section 3. [As repealed April 1986; created April 1986] All votes shall be by secret ballot. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
III,4 Residence saved. Section 4. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
III,5 Military stationing does not confer residence. Section 5. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
III,6 Exclusion from suffrage. Section 6. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
ARTICLE IV.
LEGISLATIVE.
IV,1 Legislative power. Section 1. The legislative power shall be vested in a senate and assembly.
A prosecution for burglary, theft and arson involving selective service records may be conducted, since federal statutes proscribing the same conduct did not preempt the field. The defendant is not thus placed in double jeopardy. State ex rel. Cullen v. Ceci, 45 W (2d) 432, 173 NW (2d) 175.
An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage Dist. v. Stein, 47 W (2d) 349, 177 NW (2d) 131.
The power given vocational district boards to levy taxes does not violate this section. The manner of appointing board members is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed. 51 W (2d) 356, 187 NW (2d) 387.
One legislature cannot dictate action by a future legislature or a future legislative committee. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.
Delegation of legislative power under 66.016 (2) (d) is constitutional. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
Legislature may constitutionally prescribe criminal penalty for violation of administrative rule. State v. Courtney, 74 W (2d) 705, 247 NW (2d) 714.
Provision of 144.07 (1m), which voids DNR sewerage connection order if electors in affected town area reject annexation to city ordered to extend sewerage service, represents valid legislative balancing and accommodation of 2 statewide concerns: urban development and pollution control. City of Beloit v. Kallas, 76 W (2d) 61, 250 NW (2d) 342.
Section 147.035 (2) does not unlawfully delegate legislative power. Niagara of Wis. Paper Corp. v. DNR, 84 W (2d) 32, 268 NW (2d) 153 (1978).
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich, 98 W (2d) 274, 296 NW (2d) 742 (1980).
Mediation - arbitration under 111.70 (4) (cm) is constitutional delegation of legislative authority. Milwaukee County v. District Council 48, 109 W (2d) 14, 325 NW (2d) 350 (Ct. App. 1982).
Court will invalidate legislation only for constitutional violations. State ex rel. La Follette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983).
Reference in 102.61 to general federal vocational rehabilitation law as amended necessarily references current federal law where act named in 102.61 had been repealed and the law rewritten in another act. Because reference is stated as part of contingency, it does not constitute unlawful delegation of legislative authority to U.S. Congress. Dane County Hospital & Home v. LIRC, 125 W (2d) 308, 371 NW (2d) 815 (Ct. App. 1985).
Proposed amendments to bills creating variable obscenity laws, which would exempt motion picture films shown at theaters that comply with the film ratings of the motion picture association of America, constitute an unconstitutional delegation of legislative power. 58 Atty. Gen. 36.
The legislature may constitutionally prohibit the issuance of trading stamps and similar devices. 58 Atty. Gen. 210.
The one man-one vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the joint committee on finance, the board on government operations, the joint legislative council or the committee to visit state properties. Legislative oversight of administrative rules discussed. 63 Atty. Gen. 173.
In enacting the Natural Gas Act (15 U.S.C. s. 717 et seq.) Congress did not intend to regulate only interstate pipeline companies. Rather the legislative history indicates a congressional intent to give the Federal Power Commission jurisdiction over the rates of all wholesalers of natural gas transported in interstate commerce, whether by a pipeline company or not and whether occurring before, during, or after transmission by an interstate pipeline company. Phillips Petroleum Co. v. Wisconsin, 347 US 672.
IV,2 Legislature, how constituted. Section 2. The number of the members of the assembly shall never be less than fifty-four nor more than one hundred. The senate shall consist of a number not more than one-third nor less than one-fourth of the number of the members of the assembly.
IV,3 Apportionment. Section 3. [As amended Nov. 1910, Nov. 1962 and Nov. 1982] At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants. [1907 J.R. 30, 1909 J.R. 55, 1909 c. 478, vote Nov. 1910; 1959 J.R. 30, 1961 J.R. 32, vote Nov. 6, 1962; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Institutional populations, as well as other populations which may include persons disenfranchised for some reason, may not be disregarded for redistricting purposes. 70 Atty. Gen. 80.
IV,4 Representatives to the assembly, how chosen. Section 4. [As amended Nov. 1881 and Nov. 1982] The members of the assembly shall be chosen biennially, by single districts, on the Tuesday succeeding the first Monday of November in even-numbered years, by the qualified electors of the several districts, such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory and be in as compact form as practicable. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Recent U.S. Supreme Court decisions requiring almost absolute equality of population among electoral districts render nugatory the state court's construction of art. IV, sec. 4, as prohibiting assembly districts from dividing counties except where a county is entitled to more than one assemblyman. 58 Atty. Gen. 88.
IV,5 Senators, how chosen. Section 5. [As amended Nov. 1881 and Nov. 1982] The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-numbered districts for the term of 4 years. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
IV,6 Qualifications of legislators. Section 6. No person shall be eligible to the legislature who shall not have resided one year within the state, and be a qualified elector in the district which he may be chosen to represent.
Requirement of 8.15 (4) (b), 1975 stats., that candidate reside in district at time of filing nomination papers unconstitutionally adds to candidacy qualifications required by Art. IV, sec. 6. 65 Atty. Gen. 159.
IV,7 Organization of legislature; quorum; compulsory attendance. Section 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
IV,8 Rules; contempts; expulsion. Section 8. Each house may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause.
The legislature cannot sentence a person to confinement for contempt without notice and without giving an opportunity to respond to the charge. Groppi v. Leslie, 404 US 496.
IV,9 Officers. Section 9. [As amended April 1979] Each house shall choose its presiding officers from its own members. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
IV,10 Journals; open doors; adjournments. Section 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days.
