Wisconsin Constitution
| Wisconsin Constitution |
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| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV |
The Wisconsin Constitution is the state constitution of Wisconsin.
- The current (and first) Wisconsin Constitution was adopted in 1848.
- The current state constitution has a preamble and 14 articles.
- The current Wisconsin Constitution has been amended 148 times.[1]
- Voters last approved a new amendment to the Wisconsin Constitution on April 4, 2023, when voters approved two amendments.
- Wisconsin does not feature a process for initiated constitutional amendments. Thus, amendments in Wisconsin can be put on the ballot through referral by the legislature or by a constitutional convention.
The Wisconsin Constitution can be amended with a legislative or covention-referred constitutional amendment, both require voter approval.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
Wisconsin became the 30th state on May 29, 1848. The state's first and only constitution was from statehood. Wisconsin has held two constitutional conventions in 1846 and 1847.[2]
The 1846 convention had 124 delegates, including 103 Democrats, 18 Whigs, and three Independents. Voters rejected the 1846 constitution with 20,233 (59%) voting against it to 14,119 (41%) approving it. The provisions that were the most debated during the convention addressed banking, homestead exemptions, and married women's property rights.[2]
The 1847 convention convened in December and adjourned in February 1848 with 69 delegates—46 Democrats and 23 Whigs. Voters ratified the 1848 constitution on March 13, 1848, by a vote of 16,759 (72%) to 6,384 (28%). The ratified constitution limited the governor's term to two years and gave the office limited powers.[2]
Preamble
The preamble to the Wisconsin Constitution states:
Article I: Declaration of Rights
- See also: Article I, Wisconsin Constitution
Article I of the Wisconsin Constitution is entitled "Declaration of Rights" and consists of 26 sections. This article outlines the legal rights of state citizens. In addition to reaffirming the rights guaranteed in the United States Bill of Rights, Article I of the Wisconsin Constitution offers additional guarantees to its citizens. Among these are sections which prohibit imprisonment for debt, guarantee resident aliens the same property rights as citizens, affirm that the military is subordinate to civil authorities, allow for the use of state owned school buildings by civil and religious organizations during non-school hours and guarantee the right of citizens to hunt and fish.
Click here to read this article of the Wisconsin Constitution.
Article II: Boundaries
- See also: Article II, Wisconsin Constitution
Article II of the Wisconsin Constitution is entitled "Boundaries" and consists of two sections.
Click here to read this article of the Wisconsin Constitution.
Article III: Suffrage
- See also: Article III, Wisconsin Constitution
Article III of the Wisconsin Constitution is entitled "Suffrage" and consists of six sections, three of which have been repealed.
Click here to read this article of the Wisconsin Constitution.
Article IV: Legislative
- See also: Article IV, Wisconsin Constitution
Article IV of the Wisconsin Constitution is entitled "Legislative" and consists of 34 sections, one of which has been repealed. The Wisconsin Legislature is divided into two houses, the Wisconsin State Assembly and Wisconsin State Senate.
Click here to read this article of the Wisconsin Constitution.
Article V: Executive
- See also: Article V, Wisconsin Constitution
Article V of the Wisconsin Constitution is entitled "Executive" and consists of ten sections, two of which have been repealed. It describes executive office in the state, providing for a governor and lieutenant governor who are elected jointly to four year terms.
Click here to read this article of the Wisconsin Constitution.
Article VI: Administrative
- See also: Article VI, Wisconsin Constitution
Article VI of the Wisconsin Constitution is entitled "Administrative" and consists of four sections. It describes other administrative positions, providing for a secretary of state, treasurer and attorney general to be elected to four year terms.
Click here to read this article of the Wisconsin Constitution.
Article VII: Judiciary
- See also: Article VII, Wisconsin Constitution
Article VII of the Wisconsin Constitution is entitled "Judiciary" and consists of 24 sections, nine of which have been repealed. This article outlines the state's judicial branch in Article VII, granting judicial power in the state to a unified Wisconsin Supreme Court consisting of seven justices elected to ten year terms.
Click here to read this article of the Wisconsin Constitution.
Article VIII: Finance
- See also: Article VIII, Wisconsin Constitution
Article VIII of the Wisconsin Constitution is entitled "Finance" and consists of eleven sections.
Click here to read this article of the Wisconsin Constitution.
Article IX: Eminent Domain and Property of the State
- See also: Article IX, Wisconsin Constitution
Article IX of the Wisconsin Constitution is entitled "Eminent Domain and Property of the State" and consists of three sections.
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Article X: Education
- See also: Article X, Wisconsin Constitution
Article X of the Wisconsin Constitution is entitled "Education" and consists of eight sections.
Click here to read this article of the Wisconsin Constitution.
Article XI: Corporations
- See also: Article XI, Wisconsin Constitution
Article XI of the Wisconsin Constitution is entitled "Corporations" and consists of five sections, one of which has been repealed.
Click here to read this article of the Wisconsin Constitution.
Article XII: Amendments
- See also: Article XII, Wisconsin Constitution
Article XII of the Wisconsin Constitution is labeled "Amendments." In two sections, it describes the two ways that the Wisconsin Constitution can be changed.
Click here to read this article of the Wisconsin Constitution.
Article XIII: Miscellaneous Provisions
- See also: Article XIII, Wisconsin Constitution
Article XIII of the Wisconsin Constitution is entitled "Miscellaneous Provisions" and consists of 13 sections, two of which have been repealed.
Article XIV: Schedule
- See also: Article XIV, Wisconsin Constitution
Article XIV of the Wisconsin Constitution is entitled "Schedule" and consists of 16 sections, 12 of which have been repealed.
Amending the Constitution
- See also: Amending state constitutions
Article XII of the Wisconsin Constitution provides two methods of amendment:
- 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 then be considered by the state legislature chosen at the next general election in the state.
- Before that second legislative session, the proposed amendment that will be considered must be published for three months prior to the election.
- Should the amendment be approved by a simple majority of the second session that considers it, the proposed amendment is then placed on a statewide ballot at a special or general election.
- If it is approved by a simple majority of the state's electorate, it becomes part of the constitution.
- Constitutional conventions can also be used to propose amendments to the state's constitution.
- If a simple majority of both houses of the Wisconsin State Legislature votes in favor, a constitutional convention question is placed on a statewide ballot.
- If the electors of the state agree by a simple majority to call a constitutional convention, then the legislature needs to convene a convention during its next session.
Wisconsin citizens do not have the power of amending the constitution through initiated constitutional amendments.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Wisconsin State Legislature, "Wisconsin Constitution"
- Wisconsin Historical Society, "Turning Points of Wisconsin History: The State Constitutions of 1846 and 1848"
Footnotes
- ↑ According to Sark (2011), the Constitution of 1848 had been amended 136 times through 1996. Since 1996, voters have approved 12 additional constitutional amendments.
- ↑ 2.0 2.1 2.2 Stark, J. (2011). The Wisconsin State Constitution. New York, NY: Oxford University Press
- ↑ Wisconsin State Legislature, "Wisconsin Constitution," accessed March 30, 2014
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