How to Interpret Away the Home Rule Provision

How to Interpret Away the Home Rule Provision

Key Quote

“In effect, the reasoning of the Wisconsin Supreme Court has outsourced the question of the scope of the Home Rule provision to the legislature. While this sort of on/off switch in regards to the text of the State Constitution may prove very useful to the legislature, I am not aware of any other portion of the Constitution that the legislature can simply declare inoperative. I predict that the power to turn off the Home Rule provision will prove popular with Republican legislators so long as they have a majority. However, I also predict that at some point in the future Republicans will decide that it is wrong for the legislature to define the reach of the Wisconsin Constitution, and declare instead that the judiciary should judge the scope of the Constitution — a conversion that will most likely occur as soon as the Democrats re-take control of the legislature.”

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Posted on

November 1, 2019