Constitutional Corner: VIOLATION OF WISCONSIN’S SEPARATION OF POWERS
The League of Women Voters of Wisconsin's Constitutional Cornerseries highlights issues related to our state constitution. This week, let's explore a topic called the separation of powers doctrine.
The legislature’s two questionson the August 13 ballot violate the separation of powers doctrine in Wisconsin.LWVWI is urging voters to vote no on both questions for many reasons.
What is the separation of powers doctrine?
Wisconsin’s separation of powers doctrine is the system where the government's powers are divided into different branches to prevent any branch from becoming too powerful. The three branches are the legislative (makes laws), the executive (enforces laws) and the judicial (interprets laws). Each branch has responsibilities and can check the powers of the other branches, ensuring a balance of power within the government.
The Supreme Court has characterized the separation of powers doctrine as a “safeguard" to prevent the "encroachment or aggrandizement of one branch at the expense of the other.”
The two constitutional amendments on the August ballot will violate this separation of powers system. How?
First, it's no secret that the rise in constitutional amendments questions on the ballot is an attempt by the legislature to skirt the governor’s veto.
These current proposed amendments stem from legislation vetoed by Gov. Evers in April 2021. In response to that veto, the legislature – through these two questions – now intends to impose its own veto power over the executive branch when it comes to spending federal funds.
Second, if these amendments were to be implemented, the result would be another separation of powers violation. As for nearly 100 years, Wisconsin law has granted the governor sole power to appropriate federal funds, these amendments are nothing more than a power grab by the legislature. Furthermore, voters should be aware that the legislature is being disingenuous about its intentions and reasons for these constitutional amendments.
If these constitutional amendments pass, it will create an imbalance in our government. Our government is like a three-legged stool – take out a leg and everything comes crashing down. Vote NO to stop the legislature’s power grab and violation of Wisconsin’s separation of powers.