Forcibly returning Senate Democrats may be unconstitutional

[CLANG]

The state constitution prohibits lawmakers from being arrested while the Legislature is in session, unless they're accused of serious crimes.

That raises questions about whether Wisconsin's runaway senators, on the lam since Thursday, can be forcibly hauled back to the Senate to vote on Gov. Scott Walker's controversial plan to strip most public employees of most bargaining rights, even if they returned to Wisconsin.

The 14 Democrats — believed to be holed up in Illinois — fled the state to deny the Senate a quorum. The flight out of state was intended to put them beyond the jurisdiction of the State Patrol.

But Laura Rose, deputy director of the state's Legislative Council, and two private attorneys who have handled cases involving legislative immunity, said the lawmakers are probably protected by a clause in the constitution barring arrest during a legislative session for all but "treason, felony and breach of the peace."

http://host.madison.com/wsj/news/local/govt-and-politics/article_228dd3c0-3e28-11e0-8296-001cc4c03286.html

[Omaha Steve]

1. K&R!

[nykym]

2. Does that mean if

Walker orders them arrested it would be considered false arrest?

The penalty for false arrest in WI is a Class H Felony

The Penalties
A Class H felony carries penalties of a fine of up to $25,000, imprisonment of up to 10 years, or both. The penalties are increased if the convicted felon is a repeat offender.

Just stirring the pot a bit.

[FBaggins]

3. Unlikely... but it doesn't matter.

Because the negative publicity involved with such an action is something they'll want to avoid.

Re: the constitutionality. The section on a quorum says that the remaining members "may compel
the attendance of absent members in such manner and under such penalties as each house may provide." - which pretty much gives them the ability to do just about anything.

[brooklynite]

4. The "manner provided" is limited...

...in that the Legislative Branch(the Senate) cannot give direct orders to the Executive Branch (the State Police). The only way the Governor could order the State Police to do in this regard would be on the basis of a Law (as opposed to a Rule of Procedure) passed by the Legislature and signed by the Governor first.

[FBaggins]

5. It isn't limited by the state constitution... it's limited in the same way that

"John Marshall has made his decision, now let him enforce it!" limits a court's actions.

It would be silly to interpret that constitution to say that they can "compel" attendance, but that they can't actually compel it in any legal way.

the Legislative Branch(the Senate) cannot give direct orders to the Executive Branch (the State Police).

They don't need to "order". They can ask (since the executive is obviously sympathetic).

US Senators are also immune from arrest, yet at least one republican senator was dragged bodily into the chamber in a quorum-busting attempt in the late 80s.


The only way the Governor could order the State Police to do in this regard would be on the basis of a Law (as opposed to a Rule of Procedure) passed by the Legislature and signed by the Governor first.

Even were that true, there isn't anything keeping them from doing that. But it isn't true, because the constitution obviously carries the force of law. If it says that the majority can compel attendance, the executive can enforce that compulsion.

That's why they're out of state. The executive's jurisdiction ends at the state line.