1. This week’s edition of #50Weeks50Constitutions explores the constitutional history of Wisconsin, the land of milk and cheese, or so I’m told. Wisconsin is unusual as it is one of the few states to only have had a single approved constitution.
2. While Wisconsinites have only approved one constitution, they rejected the first draft sent to them in 1847. This constitution was rejected because of three controversial provisions borrowed, in part, from the Texas Constitution.
3. The three provisions concerned the chartering of banks, the protection of some real property from execution during bankruptcy, and the protection of property rights for married women. The drafters learned from this and did not concretely address the issues in the next version.
4. Fewer than ten members of the first convention were a part of the second, which was convened in late 1847. This was a blessing as the first convention was fraught with political fights and delegates playing for the newspapers more than anything else. Sound familiar?
5. This new convention was much more balanced politically and focused on drafting a constitution acceptable to the people of Wisconsin, and the federal government, because the advantages of statehood were innumerable.
6. As another failure would have been embarrassing the delegates sought to lessen the political nature of the previous convention and put procedures in place to facilitate rational debate. For example, debate and voting on a provision could not take place on the same day.
7. The Northwest Ordinance governed Wisconsin's admission, which prohibited slavery. Given this, the convention debated how (or if) the constitution should guarantee the rights of African Americans. They punted and left it for future voters to decide.
8. The constitution set up the standard structure of government. It also especially focused on protecting individual rights and limiting the power of the government.
9. The governor was limited to two-terms without expansive powers. Any banking provisions had to be passed through referendum, not independently by the legislature. It also allowed people to challenge whether a particular exemption for debtors was “wholesome.”
10. Over 70% of voters approved the new constitution, a far cry from the 59% of voters who voted against the first draft just a year earlier. The federal government accepted this constitution and Wisconsin was admitted to the union in summer 1848.
11. One of the most intriguing features of the Wisconsin Constitution is that the delegates wrote it with a high level of generality. The delegates believed that the constitution should focus on principles and leave the details of governing to the legislature.
12. This is quite similar to the way the U.S. Constitution was drafted as well. With a focus on general principles of government and not on the minutia of government like many other state constitutions with north of 80,000 words.
13. Wisconsin’s constitution has been amended over 100 times, which is far more than the U.S. Constitution, but far less than many other state constitutions (Texas has about 500 and don’t even get me started on Alabama).
14. The durability of Wisconsin’s constitution is due to many factors, including: it left most controversial issues to the legislature, it did not micromanage local governments, comparatively to elsewhere there was no drastic social change, & it did not join the confederacy.
15. Wisconsin, the #BadgerState, has one of the oldest state constitutions and is one of the few to have never replaced their constitution. This is a remarkable achievement and one rarely seen on the #50Weeks50Constitutions journey.
16. Sources for this week’s edition of #50Weeks50Constitutions:
books.google.com/books/about/Th…; content.wisconsinhistory.org/cdm/ref/collec…; law.marquette.edu/law-library/wi…; scholarship.law.marquette.edu/cgi/viewconten…
books.google.com/books/about/Th…; content.wisconsinhistory.org/cdm/ref/collec…; law.marquette.edu/law-library/wi…; scholarship.law.marquette.edu/cgi/viewconten…
