Saturday, February 2, 2008


The Wisconsin Constitution 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.

Wisconsin Constitution Creation of the Wisconsin Constitution

Declaration of Rights
The Wisconsin Legislature 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.

Legislature
Article V of the Wisconsin Constitution describes executive 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 level.

Judicial Branch
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.
A majority of members in both houses of the state legislature must then vote in favor of the amendment in a three-vote process. 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). Once the amendment has passed both houses of the legislature under this two-vote process, 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 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.
Unlike many other states, Wisconsin does not have petition-based referendums or initiatives.

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