Thompson v. Craney

546 N.W.2d 123, 199 Wis. 2d 674, 1996 Wisc. LEXIS 30
CourtWisconsin Supreme Court
DecidedMarch 29, 1996
Docket95-2168-OA
StatusPublished
Cited by54 cases

This text of 546 N.W.2d 123 (Thompson v. Craney) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Craney, 546 N.W.2d 123, 199 Wis. 2d 674, 1996 Wisc. LEXIS 30 (Wis. 1996).

Opinions

ROLAND B. DAY, C.J.

This is an original action to determine the constitutionality of those parts1 of 1995 Wis. Act 27, the budget bill, which created a state [678]*678Education Commission, a state Department of Education (DOE), and the position of state Secretary of Education (SOE). By this act, the non-partisan elected state Superintendent of Public Instruction (SPI) is made the chair and a member of the new Education Commission. We conclude that 1995 Wis. Act 27 unconstitutionally gives the former powers of the elected state Superintendent of Public Instruction to appointed "other officers" at the state level who are not subordinate to the superintendent. We therefore hold the education provisions of 1995 Wis. Act 27 void.

On June 29, 1995, the Wisconsin Legislature enacted 1995 Wis. Act 27. Among other provisions, the act created a new state department, the Department of Education; a new Education Commission, which supervises the DOE; and a new office, the Secretary of Education. See 1995 Wis. Act 27, § 177m. The Secretary of Education administers the DOE and is appointed by the Governor. Id. The Secretary of Education serves at the pleasure of the Governor. Id. The Education Commission does not have the authority to remove the Secretary of Education.

Since Wisconsin achieved statehood in 1848, the administration at the state level of public education in Wisconsin has been the duty of the Superintendent of Public Instruction, who is elected in a non-partisan [679]*679statewide election pursuant to Article X, § 1 of the Wisconsin Constitution. Under 1995 Wis. Act 27, the SPI is the chair and a member of the new Education Commission. The voting members of the Education Commission, with the exception of the SPI, are appointed as follows: two members appointed by the Governor; two members appointed by the senate majority leader; two members appointed by the speaker of the assembly; one member appointed by the senate minority leader; and one member appointed by the assembly minority leader. See 1995 Wis. Act 27, § 177m. 1995 Wis. Act 27 gives the authority to perform many functions related to education in Wisconsin, including some of the former duties of the SPI, to the new Secretary of Education and the Education Commission. See id. §§ 3846-3854, 3859-3861, 3863-3866, 3871, 3873-3874, 3882-3884, 3886-3889, 3894-3899, 3901, 3907.

Respondents2 claim that 1995 Wis. Act 27 strips the Superintendent of Public Instruction of his power, under Article X, § l3 of the Wisconsin Constitution, to [680]*680supervise education in Wisconsin. Legislative acts are presumed constitutional, and the party challenging a legislative act must prove it unconstitutional beyond a reasonable doubt. GTE Sprint Communications Corp. v. Wisconsin Bell, 155 Wis. 2d 184, 192, 454 N.W.2d 797 (1990). All doubts as to an act's constitutionabty must be resolved in favor of upholding the act. Id.

This court interprets provisions of the Wisconsin Constitution de novo. Polk County v. State Pub. Defender, 188 Wis. 2d 665, 674, 524 N.W.2d 389 (1994). In interpreting a constitutional provision, the court turns to three sources in determining the provision's meaning: the plain meaning of the words in the context used; the constitutional debates and the practices in existence at the time of the writing of the constitution; and the earliest interpretation of the provision by the legislature as manifested in the first law passed following adoption. Id.; State v. Beno, 116 Wis. 2d 122, 136-37, 341 N.W.2d 668 (1984).

We thus first examine the plain meaning of the language in Article X, § 1 of the Wisconsin Constitution, within the context of the document and its amendments. As first adopted in 1848, Article X, § 1 provided:

The supervision of public instruction shall be vested in a state superintendent, and such other [681]*681officers as the legislature shall direct. The state superintendent shall be chosen by the qualified electors of the state, in such manner as the legislature shall provide; his powers, duties, and compensation shall be prescribed by law. Provided, that his compensation shall not exceed the sum of twelve hundred dollars annually.

In 1902, Article X, § 1 was amended to read:

The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties, and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold his office for four years from the succeeding first Monday in July. The state superintendent chosen at the general election in November, 1902, shall hold and continue in his office until the first Monday in July, 1905, and his successor shall be chosen at the time of the judicial election in April, 1905. The term of office, time and maimer of electing or appointing all other officers of supervision of public instruction shall be fixed by law.

Some cosmetic changes were made to Article X, § 1 by amendment in 1982. The word "his" was deleted before the word "office" in the second sentence; the word "four" was changed to "4"; and the sentence discussing the 1902 and 1905 elections for state superintendent was deleted.

Petitioner, Governor Thompson, argues that the plain meaning of Article X, § 1 allows the legislature to allocate the power of supervision of public education between the elected SPI and the "other officers" that the Article mentions. In support of this argument, Peti[682]*682tioner points to the first sentence of Article X, § 1, which provides that "[t]he supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct"; Petitioner argues that the conjunctive "and" in this phrase must mean that the power of supervision is shared by the SPI and the "other officers." Petitioner also notes that the 1902 amendment to Article X, § 1 refers to "other officers of supervision," which, according to Petitioner, shows that "other officers" are intended to possess supervisory power along with the SPI, and not to be subordinate. Finally, Petitioner notes that the phrase "his powers, duties, and compensation" was replaced with the phrase "their qualifications, powers, duties, and compensation," which, Petitioner argues, shows that the legislature possesses the ability to establish the functions and authority of both the SPI and the "other officers."

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Bluebook (online)
546 N.W.2d 123, 199 Wis. 2d 674, 1996 Wisc. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-craney-wis-1996.