5. Income of school fund.
6. State university; support.
7. Commissioners of public lands.
ARTICLE XI.
CORPORATIONS.
Section
1. Corporations; how formed.
2. Property taken by municipality.
3. Municipal home rule; debt limit; tax to pay debt.
3a. Acquisition of lands by state and subdivisions; sale of excess.
ARTICLE XII.
AMENDMENTS.
Section
1. Constitutional amendments.
2. Constitutional conventions.
ARTICLE XIII.
MISCELLANEOUS PROVISIONS.
Section
1. Political year; elections.
3. Eligibility to office.
8. Removal of county seats.
9. Election or appointment of statutory officers.
11. Passes, franks and privileges.
12. Recall of elective officers.
ARTICLE XIV.
SCHEDULE.
Section
1. Effect of change from territory to state.
2. Territorial laws continued.
13. Common law continued in force.
16. Implementing revised structure of judicial branch.
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PREAMBLE
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.
The Making of the Wisconsin Constitution. Ranney. Wis. Law. Sept. 1992.
ARTICLE I.
DECLARATION OF RIGHTS.
I,1 Equality; inherent rights. Section 1. [As amended Nov. 1982 and April 1986] All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982; 1983 J.R. 40, 1985 J.R. 21, vote April 1986]
EQUAL PROTECTION
The fact that there is no mandatory release date for persons convicted of 1st degree murder as there is for other crimes does not amount to denial of equal protection. Bies v. State, 53 W (2d) 322, 193 NW (2d) 46.
There is a meaningful distinction between governmental employes and nongovernmental employes. The strike ban imposed on public employes is based upon a valid classification and the legislation creating it is not unconstitutional as a denial of equal protection. Hortonville Ed. Asso. v. Jt. Sch. Dist. No. 1, 66 W (2d) 469, 225 NW (2d) 658.
Statutory distinction between parolees out of state under 57.13, 1987 stats. [now 304.13] and absconding parolees, denying extradition to the former but not the latter, is constitutionally valid classification under Omernik test. State ex rel. Niederer v. Cady, 72 W (2d) 311, 240 NW (2d) 626.
In order for female prostitute to avoid prosecution upon equal protection grounds, it must be shown that the failure to prosecute male patrons was selective, persistent, discriminatory and without justifiable prosecutorial discretion. State v. Johnson, 74 W (2d) 169, 246 NW (2d) 503.
Mandatory sentencing provision of 343.44 (2) does not deny equal protection. State v. Sittig, 75 W (2d) 497, 249 NW (2d) 770.
See note to 70.995, citing State ex rel. Ft. How. Paper v. Lake Dist. Bd. 82 W (2d) 491, 263 NW (2d) 178.
See note to 852.05, citing In re Estate of Blumreich, 84 W (2d) 545, 267 NW (2d) 870 (1978).
Equal protection does not require symmetry in probation and parole systems. State v. Aderhold, 91 W (2d) 306, 284 NW (2d) 108 (Ct. App. 1979).
Discriminatory prosecution discussed. Sears v. State, 94 W (2d) 128, 287 NW (2d) 785 (1980).
Doctrine of necessaries, which imposes secondary liability on wife for necessaries furnished by creditors to family unit, does not deny equal protection. Marshfield Clinic v. Discher, 105 W (2d) 506, 314 NW (2d) 326 (1982).
It does not violate equal protection to classify employes according to retirement date for purpose of pension benefits. Bence v. Milwaukee, 107 W (2d) 469, 320 NW (2d) 199 (1982).
Protective placement under ch. 55, 1983 stats., violates equal protection in that no periodic, automatic reexaminations of need for continued placement are required. State ex rel. Watts v. Combined Community Services, 122 W (2d) 65, 362 NW (2d) 104 (1985).
Grandfather clause in "tied house" statute creates perpetual exception from police power regulation for purely economic reasons, denying equal protection. Wis. Wine & Spirit Institute v. Ley, 141 W (2d) 958, 416 NW (2d) 914 (Ct. App. 1987).
Prostitution raid focusing only on female participants amounts to selective prosecution in violation of equal protection; in depth discussion of constitutional analysis. State v. McCollum, 159 W (2d) 184, 464 NW (2d) 44 (Ct. App. 1990).
There is no right to jury trial in recommitment proceedings under 971.17 (3), due process clause or equal protection clause. State v. M. S. 159 W (2d) 206, 464 NW (2d) 41 (Ct. App. 1990).
A prisoner who is a defendant in a civil tort action is entitled to a meaningful opportunity to be heard; where no liberty interest is at stake there is no constitutional right to appointed counsel, and there is a rebuttable presumption against such appointment. Piper v. Popp, 167 W (2d) 633, 482 NW (2d) 353 (1992).
Adult bookstore has no right to protect the privacy rights of its customers in a public, commercial establishment. City News & Novelty v. City of Waukesha, 170 W (2d) 14, 487 NW (2d) 316 (Ct. App. 1992).
Defense of discriminatory prosecution requires showing prosecution is selective and intended to deny a constitutional right or motivated by the prosecutor's personal vindictiveness. Upon such a showing, the state has the burden of showing a reasonable basis for the classification. State v. Barman, 183 W (2d) 180, 515 NW (2d) 493 (Ct. App. 1994).
Although counties may charge reasonable fees for the use of facilities in their county parks, they may not charge such fees only to out-of-state residents while allowing all Wisconsin residents to utilize such facilities free of charge simply because ORAP or ORAP-200 funds are involved. Such action would create an arbitrary and unreasonable distinction based on residence and unconstitutionally deny residents of other states equal protection of the laws. 60 Atty. Gen. 18.
Requirement that deputy sheriffs and police officers be citizens does not deny equal protection to resident aliens. 68 Atty. Gen. 61.
Classifications by gender must serve important government objectives and must be substantially related to achievement of those objectives. Orr v. Orr, 440 US 268 (1979).
Citizenship requirement for public teachers in New York did not violate equal protection. Ambach v. Norwick, 441 US 68 (1979).
Massachusetts civil service preference for veterans did not deny equal protection to women. Personnel Administrator of Mass. v. Feeney, 442 US 256 (1979).
Worker's compensation law that required men, but not women, to prove disability or dependence on deceased spouse's earnings violated equal protection. Wengler v. Druggists Mutual Ins. Co. 446 US 142 (1980).
Racial classification did not violate equal protection clause. Fullilove v. Klutznick, 448 US 448 (1980).
Statutory rape law applicable only to males had "fair and substantial relationship" to legitimate state ends. Michael M. v. Sonoma County Superior Court, 450 US 464 (1981).
State university open only to women violated equal protection. Mississippi University for Women v. Hogan, 458 US 718 (1982).
Layoff plan giving preference on basis of race to accomplish affirmative action goals wasn't sufficiently narrowly tailored and, therefore, violated equal protection. Wygant v. Jackson Board of Education, 476 US 267 (1986).
There is no equal protection violation in a state classifying as nonresidents for tuition purposes persons who are residents for all other purposes. Lister v. Hoover, 655 F (2d) 123 (1981).
