The Wisconsin Constitution
Wisconsin opened its first constitutional convention in October 1846; this version however, was rejected by Wisconsin voters in April 1847. The second constitutional convention opened in December 1847 and concluded its work in February 1848. The new constitution was approved by Wisconsin voters, and on May 29, 1848 Wisconsin was formally admitted to the Union.
Article XII of the Wisconsin Constitution specifies two amendment procedures: one is by calling a constitutional convention, and the other requires that amendments be passed by the legislature and then ratified by voters in a general election. All amendments to the constitution have followed the latter procedure.
This bibliography lists selective resources on the history and revisions of the Wisconsin Constitution. Included are online resources as well as print material available at Marquette University Law Library.
Blue Book (State of Wisconsin)
KFW 2402 .B58
Each biennial edition includes the current text of the Wisconsin Constitution and an historical table of constitutional amendments. This table lists all proposed amendments, date of submission, the subject of each amendment, dates of legislative actions, and the vote totals, for and against.
Ray A. Brown, The making of the Wisconsin Constitution, Part I, 1949 WIS. L. REV. 648, and Part II, 1952 WIS. L. REV. 23.
An in-depth look at the history of the Wisconsin Constitution on the one hundredth anniversary.
Celebrating Wisconsin's Constitution 150 years later. 1998 WIS. L. REV. 661, Special Issue #3.
A collection of articles on the 150th anniversary of the Wisconsin Constitution. See Table of Contents.
Contributing authors include: Hon. Shirley S. Abrahamson & Elizabeth A. Hartmann, Anthony V. Baker, Gordon B. Baldwin, Senator Russell Feingold, J. Gordon Hylton, Joseph A. Ranney, Peter K. Rofes, Jack Stark, Dean A. Strang, G. Alan Tarr, Bernard R. Trujillo, Brady C. Williamson & James A. Friedman
Disposition of Constitutional Amendment Proposals: 1961-1971 Wisconsin Legislatures (Madison, Legislative Reference Bureau, Research Bulletin RB-72-4)
Wilder Crane and Clark A. Hagensick, Wisconsin Government and Politics, 5th ed.
JK 6025 1991 W58 1991
Michael Fine traces the history of the Wisconsin Constitution in Chapter II.
Thomas E. Fairchild & Charles P. Seybold, Constitutional Revision in Wisconsin, 1950 WIS. L. REV. 201.
Authors call for general revision of the constitution and discuss the amendment process.
James Fullin, Legislation Relating to Constitutional and Statutory Revision. (Madison: Wisconsin Legislative Council Report No.19 to the1979 Legislature)
REF KFW 2801 .L43 1979
Describes work accomplished by the Council's Special Committee on Constitutional and Staturory Review.
Governor's Commission on Constitutional Revision, Report of the Governor's Commission on Constitutional Revision. (Madison, 1960)
REF KFW 2801 .R46 1960
Report of the Commission to Governor Gaylord A. Nelson on December 16, 1960. The Commission did not recommend a constitutional revision at this time.
Governor's Commission on Constitutional Revision, Report of the Governor's Commission on Constitutional Revision. (Madison, 1965)
REF KFW 2801 .R46 1965
Report of the Commission to Governor Warren P. Knowles on September 24, 1965. Commission reaffirms the recommendations of the 1960 Commission on a number of issues but remains closely divided on whether to call a constitutional convention.
Journal of the Convention to Form a Constitution for the State of Wisconsin (microform)
JK6025 1846 .A25
Journal of the Convention to Form a Constitution for the State of Wisconsin, with a Sketch of the Debates (microform)
JK6025 1847 .A25
Mary Lou Kendrigan, Constitutional Revision in Wisconsin. (Madison, Legislative Reference Bureau, Research Bulletin 65-2, 1965)
REF KFW 2801 .K45 1965
This Bulletin analyzes the factors involved in determining whether a constitutional convention would be advisable for Wisconsin and includes pros and cons.
Robert C. Nesbit, Wisconsin: a History, 2d ed.
F581 .N47 1989
History of the Wisconsin Constitution is detailed in Part Five of this book.
Milo Quaife, (Ed.)
The Movement for Statehood, 1845-1846, F576 .M68
The Convention of 1846, F576 .C66
The Struggle over Ratification, 1846-1847 [Raynor Memorial, F576 .W81]
The Attainment of Statehood, F576 .A87 1928
The above four volumes include historical materials from the 1845-1848 period, including the journals of the 1846 and 1848 conventions and biographical information on the delegates.
Joseph A. Ranney, Part I, Wisconsin Legal History: The making of the Wisconsin Constitution, 65(3) WIS. LAW. 14 (September 1992)
Junaid H. Chica, Comment, Rediscovering the Wisconsin constitution: presentation of constitutional questions in state courts. 1983 WIS. L. REV. 483-511
Jack Stark, The Wisconsin State Constitution: A Reference Guide with foreword by Hon. Shirley A. Abrahamson.
KFW 2801 .A6 S73 1997
Details the history and development of the Wisconsin Constitution. Each section includes commentary that explains the provision and traces its origins and its interpretation by the courts and other governmental bodies. Also includes a table of cases cited.
Martin D. Stelter et. al., Defining a People, Creating a State: The Wisconsin Constitution in Jacksonian Context .
KFW 2801.5 .D43 1998
Anthology of essays exploring the nature of the Wisconsin Constitution of 1848 as "part of a crossroads of American history." Written by UW-Eau Claire Department of History authors at the invitation of the Wisconsin Supreme Court as part of the Sesquicentennial of Wisconsin statehood.
John Sundquist, Construction of the Wisconsin constitution - recurrence to fundamental principles. 62 MARQ. L. REV. 531 (1979)
Wisconsin Legislative Reference Bureau
The Wisconsin Legislative Reference Bureau produces non-partisan timely and useful information about state government and issues before the legislature.
Wisconsin Legislative Reference Bureau: Briefs & Bulletins
Briefs addressing constitutional amendments to be considered by the Wisconsin electorate provide a non-partisan analysis of the proposed amendment(s). Elements of analysis include: analysis by the Legislative Reference Bureau, attorney general's explanatory statement, the text of the amendment, and background analysis. The background analysis includes an historical overview that includes the Wisconsin perspective as well as similar amendments in other states. Briefs addressing constitutional amendments given "first consideration" provide analysis, the text of the amendment, background including historical analysis and legislative action on the proposed amendment. The following items are arranged in reverse chronological order.
Constitutional Amendment and Advisory Referendum to be Considered by Wisconsin Voters, November 7, 2006 (Madison, Legislative Reference Bureau, Wisconsin Brief 06-12, September 2006)
Constitutional Amendments Given "First Consideration" Approval by the 2003 Wisconsin Legislature (Madison, Legislative Reference Bureau, Wisconsin Brief 05-4, January 2005)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 1, 2003 (Madison, Legislative Reference Bureau, Wisconsin Brief 03-5, March 6, 2003)
Constitutional Amendments Given "First Consideration" Approval by the 2001 Wisconsin Legislature (Madison, Legislative Reference Bureau, Legislative Brief 03-3, October 2002)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 6, 1999 (Madison, Legislative Reference Bureau, Wisconsin Brief 99-6, March 1999)
Constitutional Amendments Given "First Consideration" Approval by the 1997 Wisconsin Legislature (Madison, Legislative Reference Bureau, Wisconsin Brief 98-13, October 1998)
Constitutional Amendments to be Considered by the Wisconsin Voters, November 3, 1998 (Madison, Legislative Reference Bureau, Wisconsin Brief 98-10, September 1998)
Constitutional Amendments Given "First Consideration" Approval by the 1995 Wisconsin Legislature (Madison, Legislative Reference Bureau, Wisconsin Brief 97-3, January 1997)
Constitutional Amendments to be Considered by the Wisconsin Voters, November 5, 1996 (Madison, Legislative Reference Bureau, Brief 96-4, September 1996)
Constitutional Amendments Given "First Consideration" Approval by the 1993 Wisconsin Legislature (Madison, Legislative Reference Bureau, Brief 94-12, December 1994)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 6, 1993 (Madison, Legislative Reference Bureau, Brief 93-4, March 1993)
Constitutional Amendments Given "First Consideration" Approval by the 1991 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin 93-2, January 1993)
Constitutional Amendments to be Considered by the Wisconsin Voters, November 3, 1992 (Madison, Legislative Reference Bureau, Brief 92-10, August 1992)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 7, 1992 (Madison, Legislative Reference Bureau, Brief 92-2, March 1992)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 2, 1991 (Madison, Legislative Reference Bureau, Brief 91-4, March 1991)
Constitutional Amendments Given "First Consideration" Approval by the 1989 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin IB-91-2, January 1991)
Constitutional Amendments to be Considered by the Wisconsin Voters, April 3, 1990 (Madison, Legislative Reference Bureau, 90-3, March 1990)
Constitutional Amendments Given "First Consideration" Approval by the 1987 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin IB 89-1, January 1989)
Constitutional Amendments Given "First Consideration" Approval by the 1985 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin IB-86-3, September 1986)
Constitutional Amendments Given "First Consideration" Approval by the 1979 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin IB-81-1, February 1981)
Constitutional Amendments Given "First Consideration" Approval by the 1975 Wisconsin Legislature (Madison, Legislative Reference Bureau, Information Bulletin IB-76-9, December 1976)
Wisconsin Legislative Reference Bureau: Constitutional Highlights
The Constitutional Highlights series discusses constitutional issues of interest to legislators.
Article I, Section 1: Equal Protection Clause 2002, Vol. II, No.3
Article I, Sections 8 AND 10; Article 6; and the 10th Amendment: Federal Preemption of State Law 2003, Vol. III, No.1
Article I, Section 12: The Contract Clause 2004, Vol. IV No. 2
Article I, Section 13: Just Compensation Clause 2005, Vol. V No.1
Article I, Section 18: Establishment Clause 2005, Vol. V No. 2
Article IV, Section 8: Legislative Rules of Proceedings 2006, Vol. VI No.1
Article IV, Section 18: Title of Private Bills 2001, Vol. I
Article VIII, Section 1: The Uniformity Clause 2002, Vol. II, No.2
Article VIII, Section 3: Credit of the State 2005, Vol. V No. 3
Article VIII, Section 10: Internal Improvements 2002, Vol. II, No.1
Article IX, Section 1: The Public Trust Doctrine 2004, Vol. IV No. 4
Article XI, Section 3: Municipal Home Rule 2004, Vol. IV No. 3
The Delegation Doctrine 2004, Vol. IV, No.1
Internet Resources
Index to the Wisconsin Constitution - Wisconsin Legislature
Wisconsin Constitution - with annotations - Wisconsin Legislature
Wisconsin Constitution - without annotations - Wisconsin Legislature
Pending Constitutional Amendments--Enrolled Joint Resolutions 2005-06 - Wisconsin Legislative Reference Bureau
Wisconsin Legislative Reference Bureau - Podcasts
The Wisconsin Legislative Reference Bureau produces occasional podcasts that accompany their publication of Constitutional Highlights. The podcasts discuss aspects of a particular provision. They will often provide the history, court interpretation and strategies for reconciling legislation with this particular provision.
Article I, Section 18: Establishment Clause 2005, Vol. V No. 2
Article IX, Section 1: The Public Trust Doctrine 2004, Vol. IV No. 4
Article VIII, Section 1: The Uniformity Clause 2002, Vol. II, No.2
Article IV, Section 18: Title of Private Bills 2001, Vol. I
Notes
LRB Briefs and Bulletins: Recent documents are made available by LRB online; older documents may be located in the Wisconsin Legislative Reference Bureau publications KFW2420 .W57
Links to articles: The links connect to resources available at the Marquette University Law Library. Some resources are only available with a subscription. To request an article, please contact the Law Library (414) 288-7092.
JJ/SN 2007; JJ updated 1/2010