Here's One to Watch: AJR 8: Power to the Governor?

Assembly Joint Resolution 8 Has Potential for Power Grab

Allows Declaration of Emergency that might be Questionable

Article IV, Section 34 of the Wisconsin Constitution  allows for the 'continuity of government' in case of enemy attack. This resolution proposed by the Assembly would modify the language to allow for natural or man-made disasters of emergencies.

"[Article IV] Section 34. The legislature, in order to ensure continuity
of state and local governmental operations in periods of emergency
resulting from enemy action in the form of an attack a severe or prolonged,
natural or human−caused, occurrence that threatens life, health, or the
security of the state, shall (1) forthwith provide for prompt and temporary
succession to the powers and duties of public offices, of whatever nature
and whether filled by election or appointment, the incumbents of which
may become unavailable for carrying on the powers and duties of such
offices, and (2) adopt such other measures as may be necessary and proper
for attaining the objectives of this section." AJR-8

Obviously, I am not a Constitutional lawyer but this change seems to open a gateway for the declaration of emergencies that might allow for the replacement of elected officials, a declaration of a state of emergency or Lord knows what else.

The language leaves some significant questions unanswered:

• Who decides what is severe or prolonged?
• What is meant by threatening life, health or security of the state?
• Which of the powers enacted in the rest of the Constitution will be activated under the continuity of government clause, such as the militia clause, Section 29?

Just last night, hundreds of protesters stormed into the Capital building and set into occupation. For four weeks, there have been thousands of protesters in and around the Capital. If this clause had been in place, would Governor Walker have been able to declare this an "occurrence" that warranted the activation of this clause? Could he have used it to replace the Democratic Senators, as their actions and those of their supporters might constitute a threat to the "security of the state?"

Before this goes to a vote of the people, many of whom are ready to cede power to the ruling Republican majority, these questions need to be answered.