Wisconsin State Capitol, Madison, Wis.
The “extraordinary session” held by the Wisconsin Legislature in December 2018 was an example of elected officials acting in haste, without thoughtful questioning and public input. Their actions were neither representative nor responsible, and this is why The League of Women Voters of Wisconsin and others are challenging the constitutionality of the Legislature’s actions. The Wisconsin Supreme Court heard arguments concerning the legality of the “extraordinary session” on May 15. We now await a ruling.
Despite what some will try and argue, extraordinary sessions are not the way Wisconsin has always operated. The State Constitution of 1848 establishes that the Legislature can convene only at times authorized by statute or when the governor calls a “special session.” Last December’s extraordinary session fits into neither category. While it was not the first “extraordinary session,” such gatherings are a relatively recent invention of the Legislature; the first was called in 1980. Wisconsin survived and thrived for more than 130 years without extraordinary sessions. Enforcing the constitutional limitation on when the Legislature can convene will not endanger our state.
The Wisconsin Constitution does not authorize the Wisconsin Legislature to call itself into an “extraordinary session.” In fact, the Wisconsin Constitution lays out restrictions on the Legislature, including limiting its convening power. This is to ensure legislators act responsibly and honorably when creating policy and laws. The process also provides accountability by giving the public appropriate notice about legislative activity. This is so citizens may engage with the process through review, discussion and giving input. This is how representative democracy is practiced. The Legislature did not follow the law in December 2018 when it convened itself through an internal legislative rule.
Our lawsuit only seeks for a ruling on the bills passed in December 2018 when the Legislature operated beyond its constitutional powers to pass numerous provisions that undo long-held priorities established by Wisconsin law. Such sweeping changes should not be made without careful consideration of their impact or without public participation. If the “extraordinary session” in December 2018 is allowed to stand, this hurried, secretive process will lead to further distrust of the government and further abuse of power. If the extraordinary session is ruled unconstitutional, then the bills can be reintroduced in regular session and follow the normal procedure.
A ruling against last December’s extraordinary session will not necessarily nullify every bill passed in a prior extraordinary session. Most of those bills would be unaffected because they have no current application or have subsequently been ratified by the Legislature. But, even for those that have not, the courts have recourse to legal doctrines that would protect established laws from prior extraordinary sessions from disruption. And the Legislature always has the option to pass the same laws anew, during its regular session, if it wants to ensure that there is no chance of them being challenged based on their original adoption during an extraordinary session.
|
|
Absent an actual emergency, the Legislature should legislate during their regular sessions. The constitution never intended for the Legislature to be in session nonstop. This argument—that the Legislature meets continuously—is an after-the-fact explanation concocted in response to the current lawsuit. It contradicts the constitution, and it does not fit with the Legislature’s own history or the other laws it has passed. To give just one example, Wisconsin law prohibits lobbyists from giving campaign contributions to legislators while the Legislature is in session; if, as the Legislature now insists, it is always in session, that means any legislator who has accepted a campaign contribution from a lobbyist has done so in violation of the law.
Wisconsinites expect their elected officials to represent their interests transparently and in a manner that respects the limits of our state’s constitution. The unconstitutional tactics to adopt the extraordinary session legislation undermine our democracy. One co-equal branch of government should not be allowed to act outside its constitutional authority to the detriment of Wisconsin taxpayers and voters.
From the onset, the League of Women Voters of Wisconsin’s concern with the extraordinary session has not been about partisan politics—it is about upholding the rule of law and requiring the Legislature to act within Wisconsin’s constitution, to which all elected officials are bound. This is an issue of fairness and of protecting our democracy, the Wisconsin Constitution and the people of our state whom our organization serves. Wisconsin voters who prefer fairness and integrity to power and pettiness understand this, and they expect those voted into office to represent the people by governing with fairness and integrity.
