Sunday, December 9, 2018

Legal Action Considered after Republicans Pass Bills Restricting Authority of Posts They Lost after the Midterm Elections


Image result for wisconsin protest evers
After the 2018 midterm elections, the republican-led Wisconsin congress has passed a set of bills
restricting the powers of the governor and attorney general in a lame-duck session just before the
incoming democratic governor and attorney general take their posts. Also in the bills is an attempt
to restrict early voting, seen widely as an anti-democratic move to lower turnout and diminish the
mail-in ballots that favor democrats. In light of intense public backlash, Robin Vos, the republican
Speaker of the Assembly, said that the bills would help the legislature remain equal to the executive,
and allow republicans to continue their agenda, despite losing this election. At the same time, he
also accused democrats of exaggerating the bill’s effects. The state’s current governor Scott Walker
has already signalled support for the bills.


"Today's extraordinary sessions codifies into law reforms that have been
eight years in the making” - Wisconsin Senate Majority Leader Scott
Fitzgerald (R)


Despite republican attempts to rationalize and even frame these bills in a positive light ahead of
Walker’s likely signing - he has signaled approval for the bills, protesters have taken to the streets
and rallied at the state capitol, and legal action is being considered by the democrats. The partisan
tactic of the bills has been used in the state before, and it is likely these will see much stronger legal
action and public opposition.


"We sued Wisconsin over their ID law in 2016. We sued again when
Wisconsin failed to hold special elections. If the GOP thinks they can
disenfranchise voters by cutting early voting without a fight, they are
wrong” - Election Lawyer Marc Elias (D)


Although republicans have decided to distort election results without recourse and try to make it
seem almost reasonable, even rational, make no mistake - the consequences of this bill shift control
significantly towards their party agenda and against the voters' wishes. If these bills go into effect,
the new attorney general will not be able to retract the state’s lawsuit against Obamacare and the
governor the lawsuit against the ACA, appointment power for economic executives redelegated to
legislators, and the governor will not be able to ban guns within the capital, key points from the
campaign that voters voted for.  


"Wisconsin should be embarrassed by this” - Tony Evers, Governor-Elect
(D)


In my opinion, this partisan fiasco draws a clear parallel to our class discussion about the impact of
polarization on government. Because the framers of the Constitution did not account for ideology
to trump the nation’s institutions, our codified institutional defenses are interbranch of goverment
rather than intrabranch. The legislatures on the national and the state level now either abuse the lack
of defenses against gerrymandering and filibustering itself into inactivity when convenient, or tries to
consolidate power from other branches, depending upon whether it benefits their party, and not the
institution itself.


What do you believe about the intentions of the Republican legislature in Wisconsin? Should a
congress be allowed to change the balance of power in the transition period of an election? Will these
bills be struck down by the courts, or otherwise stopped? How do the current public displays of
outrage and protests play out in all this? And in the longer term, what can be done to alleviate the
increasingly borderline violations of government officials in these polarizing times?


Sources:

15 comments:

Anonymous said...

It's clear that polarization has contributed to this situation and that Republicans are more interested in preserving the power of their party than doing what is best for the nation. It may technically be legal to make these changes, but the courts should recognize the difference between improving the government and making it biased towards a certain party. If anything, the public should recognize what the legislature is doing to consolidate their power and make themselves heard through voting and other forms of political participation.

Unknown said...

Clearly, Republicans are being sore losers here, and I find it quite surprising that they're not ashamed of passing such a blatantly self-interested bill. I think there should be some sort of restrictions placed on lame-duck congress when it comes to transfer of power. Honestly, this sort of change sets a bad precedent -- as Jayla says, it seems that politicians prioritize self-interest over national wellbeing-- if Republicans restrict the government's power when a Democrat is elected, the Democrats can do the same thing when they win a majority, and that's just so much time wasted on needless drama instead of productive, bi-partisan legislation.

David Avak said...
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David Avak said...
This comment has been removed by the author.
David Avak said...

This is as undemocratic as it gets. Restricting powers from members of the government just because of their political party is just plain petty. This demonstrates the polarization that continues to be evident in the US. I think there should be some sort of check on this type of power to prevent things like this from happening again.

Burritodragon said...

If we consider what the Framers wanted for their government as the "ideal," the contesting of opinions of different groups would lead us to a "more perfect union." While the Framers did have to sacrifice efficiency in the process of designing the government which ideally builds ideas from many different perspectives, they certainly didn't intend wasting more time due to factions exploiting the Constitution for power.

The Republicans knew that the Democrats could immediately reverse these changes, but they also knew that such a reversal would take a long time to pass. It becomes clear that the Republicans' only purpose was just so they could waste the Democrats' time to clean up their garbage so that Democrats can't focus on advancing their agenda.

To the Republicans: stop playing dirty and take the electoral L like grown men.

Anonymous said...

Although I very greatly despise this use of power by the Republicans, it allows us to take a step back and really begin to understand just how partisan this country has become. If one party can create a bill that makes it very difficult to govern a state for the majority party and uses it, it illustrates how party alignment of this country has become more important than the well being of the people. Unfortunately for us, this is extremely undemocratic as David said earlier. The use of power to limit the power of a certain branch illustrates how party politics is coming back.

Anonymous said...

Also on this topic is how the Republican party is rearing up to play the political game as a minority party. This play by the Republicans is a very key one due to the shift from a republican governor to a democrat one. This is important for the republicans due to how they are now able to continue to control the legislature of Wisconsin. Although the actions taken by the republicans are legal, there is a danger here in allowing certain parties to control the government from a previous election cycle, and thus, a check needs to be made in order to counter act this push against our nations democratic values.

Anonymous said...

I think that the bill that was passed by the Republican governor was his way of getting back at the Democrats. However I feel like we as a country have grown so apart, that we are doing everything we can do ensure the opposite party does not have equal opportunity. The people protesting the bill have a right to be angry, especially if they see someone try to pass something that would limit their voting, and limit the power of the person the people wisconsin had elected. I think the job of someone in office is to serve for the people, and if the people wanted someone different in office, he should respect that and not try to inhibit the incoming governor. I think thee only solution to this type of behavior is to eventually come to terms with each other, to not just think of the opposite party as an enemy rather a friend with a different perspective. This would establish a mutual respect for one another and not cause such a rift/polarization that would lead to actions such as this.

Anonymous said...

I agree with all the previous commentors that the law passed by the Republican state legislature is undemocratic and that it gives a clear example of the polarization and priorities of the parties in this country. This is also similar to the gerrymandering discussions we had in class where some states drew their district lines according to biased demographic standards so that they would get the majority vote in most of the districts and be able to better advance their agenda in the national legislature with more allies. I do not think that when the original framers came together to establish our government and laws, they expected this level of pettiness nor the polarization that caused it.

Unknown said...

I believe that the Republican representatives should be ashamed of their plan. The people of Wisconsin chose to elect a Democratic governor and should respect that instead of trying to undermine the authority of the governor. I believe that if this law were to ever pass, the governor or the democrats should take legal action. The Wisconsin Constitution outlines the powers and duties of the governor and attorney general. Any law that changes their power should be a constitutional amendment and in Wisconsin, constitutional amendments must be submitted to the voters. I believe that this law should be challenged and that the Republicans stop trying to restrict the powers of the governor just because he is from the opposite party. Their actions seem very undemocratic and look like a last ditch effort to maintain their power and continue their agenda. I believe that this situation also highlights the increased polarization, decrease in bipartisan compromise and the increased use of hardball tactics of the Republican party that jeopardize our system of government.

Anonymous said...

This plan by the republicans is blatantly to undermine the future of the democratic party. The goal to lower the power of the incoming Democratic governor seems extremely obvious and undemocratic. Because they lost the seat they feel the need to take as much as they can to the opposing party which will fill the spot. This shows like said above the polarization within the country. Neither party wants the other to gain any sort of advantage doing anything they can to remain in power throughout the country. I think that if the public backlash and outcries against this sort of behavior are strong enough the bill will be shut down. I believe that fixing the polarization within the country is extremely difficult. As media became more polarized so did the people watching it to a degree. Because of this many in the country are so polarized that just coming to an agreement amongst one another seems impractical and improbable as seen through the great lengths of time in which Congress does not pass anything.

Anonymous said...

This reminds me of President John Adams quickly appointing Federalist judges near the end of his presidency to hold back the power of the incoming president Thomas Jefferson and the Democratic-Republicans. The Republicans in Wisconsin may argue that they are trying to "balance" the political power, but by taking away Democratic power and trying to promote "balance" at the same time, something doesn't add up. Though these lame duck bills may hold the incoming Democrat governor back, they are ultimately hurting the Republicans more than helping them, as it shows their unwillingness to work together with Democrats, just as the appointments of the "midnight judges" made John Adams and the Federalists unwilling to be cooperative.

Anonymous said...

"As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived" (Federalist Paper 49)

This is disgusting. Both political parties have used their waning political powers to try to cripple the other parties in past years, most notably through gerrymandering. However, this is just a flagrant violation of what government is it's infuriating. Add in the fact that Wisconsin is heavily gerrymandered as well we have a situation where a minority/slight majority holding 63 to 36 state assembly seats and an 18-15 advantage in the Senate despite more votes being cast for the Democratic candidate in the governor's race.

Looking at this map, you can see how most of the red assembly seats were won by a much slighter margin than blue seats. This is not how the government is suppose to work in the US. Absolutely disgraceful. https://www.washingtonpost.com/election-results/wisconsin/?utm_term=.9363ea06623a

https://www.thenation.com/article/the-most-serious-challenge-to-gerrymandering-in-modern-times-reaches-the-supreme-court/

Unknown said...

Today's political climate breeds polarization between the parties due to sensationalist media and legislators exerting their powers to prevent the other party from winning the majority votes in Congress for legislation that differs from their values. Powers such as gerrymandering or filibustering prevent actual progress as both sides are competing for their own legislation.

In the 2016 election, an estimated 11.2% of Wisconsin "counties' 160,000 registered nonvoters were kept from casting ballots by the voter ID law." Due to this strict voter ID law, around 17,000 registered voters in the state were prevented from voting in a state where Trump narrowly won by 22,48 votes. According to some Republicans (in private), the law was to prevent regular Democrats from voting. Therefore, the state is quite restrictive and biased in barring diplomatic and democratic processes of voting and government representation. Therefore, I believe that the restriction on early voting and less mail-in ballots that help Democrats was to unfairly win Republican votes and seats in Congress, exploiting their resources to gain more power. The fact that Wisconsin commits these partisan, selfish deeds demonstrate the flaws within our system that prioritizes power over the well-being of the people.

https://www.nytimes.com/2017/09/25/us/wisconsin-voters.html