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WI Legislature Alters State Constitution To Oust Progressive Chief Justice Abrahamson

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FourScore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 08:39 PM
Original message
WI Legislature Alters State Constitution To Oust Progressive Chief Justice Abrahamson
Thu Jul 21, 2011 at 04:03 PM PDT
WI Legislature Alters State Constitution To Oust Progressive Chief Justice Abrahamson
by FlotsamInaWebSea

...Chief Justice Abrahamson's tenure as Chief Justice is about to come to an abrupt end. Buried in the so-called "Budget Repair Bill" that was recently signed into law by Governor Scott Walker (and which does far, far more than simply deal with budgetary issues) is a change in the State Constitution article VII, which speaks to the position of the Chief Justice.

Previously, Article VII Section 4(2) read as follows:
The justice having been longest a continuous member of said court, or in case 2 or more such justices shall have served for the same length of time, the justice whose term first expires, shall be the chief justice. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.

In the most recent "Budget Bill," however (otherwise known as 2011 Joint Assembly Resolution 49) article VII of the Wisconsin State Constitution has been altered. It now reads as follows:
Each time a justice is elected or reelected and takes the oath of office, the court shall elect a chief justice as its first order of business. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.

Given the recent reelection of Walker's lap dog Justice Prosser, the Wisconsin Supreme Court now has four hyper-partisan conservatives out of the seven justices total. There can be no doubt that this law will soon usher in the election of Justice Prosser as Chief Justice. What a tragedy for the law and the State of Wisconsin.

http://www.dailykos.com/story/2011/07/21/997175/-WI-Legislature-Alters-State-Constitution-To-Oust-Progressive-Chief-Justice-Abrahamson?via=siderec
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 08:43 PM
Response to Original message
1. I want some legal experts to get rid of these criminals..
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Dawson Leery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 08:51 PM
Response to Original message
2. I was told a confession in 1999 by a young right wing Republican
He said that he did not believe in democracy and preferred fascism. He was an open admirer of Benito Mussolini who saw the impeachment of a sitting President for allegedy lying under oath about a consensual sexual relationship, acceptable. In the words of this right wing Republican, "if it gets us what we want, I support it".

This is what we are up against.

I should mention that his daddy is too a right wing Republican, a former head of the town Republican party, a former head of the local Boy Scouts, and openly abusive.
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NC_Nurse Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 08:55 PM
Response to Original message
3. despicable.
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AleksS Donating Member (213 posts) Send PM | Profile | Ignore Thu Jul-21-11 09:42 PM
Response to Original message
4. While I believe there may have been verbage like that in the
While I believe there may have been verbage like that in the budget repair bill, fortunately that wouldn't actually change the constitution.

In WI, in order to change the constitution, a bill must pass two seperate congresses, and a public vote. This means that even if this congess passed such a constitutional amendment, the folks elected in the 2012 elections would ALSO have to pass the amendment, AND the amendment would have to pass as a measure on a statewide ballot.

Now, given the ultra-gerrymandered redistricting the republicans are trying to force through,* having a (R) majority from now until doomsday (which they are hastening as much as they can) isn't something they're worried about, but who knows whether it would pass a statewide election.

*If you want something to be concerned about, this (the redistricting) is seriously it. Disgusting and shameless. And without an unpartisan state court to uphold challenges, let's hope the feds can step in on civil rights/representation grounds.
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postulater Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 09:43 PM
Response to Original message
5. If it changes the state constitution, doesn't it have to be
voted on a couple times?

This doesn't sound like a simple statute.
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ashling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 09:44 PM
Response to Original message
6. Its that easy to amend the constitution of the State of WI ?
Edited on Thu Jul-21-11 09:45 PM by ashling
Even here in Texas the people get to vote on constitutional amendment.

WI Constitution:

Article XII, §1
Constitutional amendments. Section 1. Any amendment or amendments to this constitution may be proposed in either house of the legislature, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published for three months previous to the time of holding such election; and if, in the legislature so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become part of the constitution; provided, that if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.


I knew that didn't sound right
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dragonlady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 09:53 PM
Response to Reply #6
8. No. See #4. n/t
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upi402 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-11 09:48 PM
Response to Original message
7. judges; where the legislative rubber meets the road
or just spins and smokes
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