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Published - Monday, September 18, 2006

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Is it time to overhaul state’s constitution?


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Three years ago, Rich Eggleston wrote in a magazine column that Wisconsin’s constitution was “patched with duct tape and held together with baling wire.”

Eggleston is spokesman for the Wisconsin Alliance of Cities, which at the time, called for a constitutional convention to revamp the 158-year-old document.
Eggleston hasn’t changed his mind. But the Alliance has had to back off in approaching the idea, which some people consider radical.

Next month, the group is co-sponsoring a Marquette University Law School conference that dares to ask: “Is the Wisconsin Constitution Obsolete?”

“The problem is, you can’t just reach the conclusion without asking the question first,” Eggleston said during an interview last week.

Four former Wisconsin governors are scheduled for a roundtable discussion on the topic, and more than a dozen legal experts and scholars will make presentations at the law school Oct. 5-6.

Many Alliance members and local government officials are concerned the constitution inhibits regional planning and cooperation, and that Wisconsin is less competitive as a result.

Many of the “key issues” for the conference are outlined in terms of economic competitiveness. But Joseph “Jay” Ranney, a Madison-based constitutional lawyer, said he intends to prepare a paper on whether social policy belongs in the constitution. The discussion is particularly timely because voters will decide Nov. 7 if they want to ban same-sex marriages and civil unions in the constitution, Ranney said.

The constitution has been amended more than 130 times since 1848, but Ranney’s not yet convinced rewriting the document is the best approach, he said.

Other contentious topics to be addressed at the conference include gubernatorial veto power and legislative redistricting. The conference idea was hatched by Marquette University Law School professor Michael McChrystal and Alliance Executive Director Ed Huck. The La Follette School of Public Affairs also is a co-sponsor.

The conference may lead to any number of conclusions, including that Wisconsin is doing well in key measures of governmental performance, McChrystal said. If performance is lackluster, experts will consider whether the structure of the constitution is a contributing factor, McChrystal said.

“I see this conference less in terms of advancing a particular reform agenda and more in terms of evaluating the performance of Wisconsin government at the state and local (level),” McChrystal said.

A constitutional convention, which could open the document up for a total overhaul, must be approved by the Legislature and voters.

The conference should prove interesting in exploring whether the constitution is obsolete. But maybe the question for voters Nov. 7 should have been whether duct tape and baling wire is good enough, or if it’s time for the Vice-Grips.

Tribune Capitol reporter Tom Sheehan can be reached at tsheehan@madison.com.
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Charles Weeth wrote on Sep 18, 2006 9:34 PM:

" Thanks JS, at least on this issue. We can't have good neighborhoods without good businesses - and vice versa. Many of our problems aren't caused just by big government, but too damn many governments! I work with businesses and governments all over the world. One of my favorite things to do when I travel is to learn how other people live and work. I'll ask residents, business people and government officials all sorts of questions about what they are doing and why. I've learned we are doing very well in many areas, but are woefully behind in others, especially metro cooperation and long term planning. We have too many parochial squabbles in Wisconsin that waste valuable resources; and many of these quarrels are borne from the State Constitution and laws regarding government structure and funding. We can and must do better! "

JS wrote on Sep 18, 2006 1:26 PM:

" As much as I don't agree with Charles Weeth most of the time he makes a very good point about cities. The amount of non-economical cooperation between municipalities hurts this state everyday. Cities that cooperate with their suburbs are the ones that prosper. Louisville, Kentucky and Indianapolis, Indiana had the same population back in the year 1950. Indianapolis is now consolidated with its suburbs through a county wide government while louisville still has seperate muncipalities between cities and suburbs. The difference today? Indianapolis has a hit big city status with national professional sports teams and international companies located all over the city. But Louisville sits back still seen as a small american city. The facts, Indianapolis is growing twice as fast economically than Louisville. Cooperation makes an area grow, while individualism is another deterrant for the economy. "

Charles Weeth wrote on Sep 18, 2006 9:07 AM:

" Our State Constitution was established when we were mostly rural with shorter life expectancies, limited transportation and communications and a much smaller and less diverse economy. Most of it is just fine, even if the words are a bit superfluous for our times. However when it comes to government structure, especially school districts and municipal governments and the reliance on regressive property taxes to fund them, the state budget process and funding formulas, the line item veto, short notice public hearings combined with late night closed door party caucuses, and especially campaign financing which allows big $ to dictate most public policy,; we need to make substantial changes. The band aid approach won’t work when major surgery is required! "


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