WSLL @ Your Service July 2022
Contents
Researching Wisconsin’s Constitution - Michael Keane
Studying the history of a Wisconsin statute is often essential in understanding how a law will be applied. Occasionally, a research project will lead back to the Wisconsin Constitution. Researching the constitution offers a number of challenges and opportunities beyond those encountered in researching statutes. Although Wisconsin is only the 30th oldest of the 50 states, its constitution is the fifth oldest still in use. While many older states have replaced their original constitutions and some have replaced their constitutions several times, Wisconsin still uses its original 1848 constitution.
The normal method of researching a constitutional provision that dates to the original (not an adopted amendment) is to seek any comments made by members of the constitutional convention. The history of Wisconsin’s constitution is complicated by the fact that the people of Wisconsin produced two constitutions on its path to statehood, with the first constitution rejected by the voters.
Both constitutional conventions left behind a record of proceedings that preserved the actions of the delegates. This information can be useful for historical research, but those studying intent may be interested in the remarks made by the delegates at the time, and the manner in which they were debated in the convention and by the voters who had the final say at the polls. For this material we are largely indebted to the State Historical Society of Wisconsin and Milo Quaife, who compiled a multi-volume set of edited historical documents about seventy years later. Quaife’s set of books give scholars a sense of what the delegates and the public were thinking about the constitutions when they were being written. A more recent source, The Wisconsin State Constitution, details the evolution of the constitution since 1848 by amendment and court interpretation. A more detailed discussion of these sources follows.
Journal of the Convention of 1846
KFW 2801 .A25
The journal of the first convention was published following final adjournment. While the journal gives a detailed account of what the convention did each day, including the proposed text of individual portions of the constitution and roll call votes on each question considered by the convention, it does not record what anyone said verbatim. This volume, over 500 pages, contains a short index providing broad subject access to the proceedings, but does not include the full text of the first, rejected constitution.
The journal of the second convention was published in 1848. Unlike the first convention, the second convention provided for a reporting of debates after the convention was already in progress. For this reason, the record of remarks from the early days of the convention is less exhaustive. This volume contains complete copies of both the first, rejected constitution and the second constitution that was later ratified. The volume also contains a biographical table of the members, and an index that provides subject access to the convention’s activities.
The four volume set compiled by Milo Quaife about a century ago is the most complete source of information about the origins of the Wisconsin Constitution. This source was compiled about 70 years after the constitutional conventions.
The Movement for Statehood
KFW 2801.5 .Q34 v. 1
The bulk of this volume is a compilation of newspaper editorials and correspondence on the subject of statehood prior to the constitutional convention that began in October 1846. These materials do on occasion deal with some of the concepts dealt with by the conventions and an index is provided.
The Convention of 1846
KFW 2801.5 .Q34 v. 2
This second volume of the Quaife series is probably the most useful source for researching the history of state constitutional provisions originating in the first, rejected constitution. Quaife used the Journal of the Convention of 1846 as a guide to the contemporary press, which often printed transcriptions of delegate speeches on its own. The resulting work is the closest thing there is to an official record of what delegates said at the convention. These speeches can be useful for persons trying to advocate a certain interpretation of a constitutional provision originating in the first, rejected constitution.
In addition, this work includes a record of roll call votes from the convention (Appendix I); the text of the rejected constitution - this useful document can be very difficult to find - (Appendix II); and biographical sketches of the members of the convention (Appendix III). Of most use to researchers is the index, which gives topical access to the debates, which are arranged within the volume chronologically.
The Struggle Over Ratification
KFW 2801.5 .Q34 v. 3
This volume contains a 700-page reconstruction of the spirited newspaper debates that occurred during and in the months following the first constitutional convention. This source may not be of much interest to students of legislative history, as it deals strictly with materials appearing in newspapers, and does not usually give a strong view of what the intent of the delegates was in choosing certain language or including certain concepts over others.
This book is arranged by newspaper, and within the compilation for each paper, in chronological order; with the entire work divided into three separate parts: the first dealing with newspaper coverage of the convention while it was in progress; the second dealing with coverage of debates in the territorial legislature on the subject of the proposed constitution; and a third part, constituting about half the volume, on public opinion leading up to the referendum. The work also has an index giving subject access to the chronologically arranged material.
The Attainment of Statehood
KFW 2801.5 .Q34 v.4
This final volume of Quaife’s series deals primarily with the actions that facilitated the quick admission of Wisconsin to the Union after the rejection of the first constitution. Its first portion contains public speeches and newspaper articles on statehood from the period of April 1847 (the rejection of the first constitution) to the second, successful referendum in April 1848. Select debates on Wisconsin statehood in Congress are also included. Unlike the first convention, the second convention provided for at least a partial transcription of debates. The second part of this volume, well over half the total space in the book, consists of a combination of the convention journal and transcribed debates, augmented by newspaper coverage of debates as Quaife saw fit. This is the main source of information on the history of constitutional provisions that have their origin in the second constitutional convention. A subject index provides access to the material which is arranged on a roughly chronological basis.
Wisconsin State Constitution
KFW 2801 1848 .A6 S728 2019
The Wisconsin State Constitution, a volume of the Oxford Commentaries on State Constitutions of the United States, is an important source for persons interested in how interpretation of the Wisconsin Constitution has evolved since statehood. This work, arranged by article and section of the constitution, treats the entire document and discusses at length the evolution through amendment and, in particular, court interpretation of each section of the constitution. Discussion of the case law in each section is exhaustive. The volume also contains a lengthy bibliographical essay, table of cases cited, and a subject index.
Ask for help
If you’re researching a Wisconsin constitutional provision or amendment, reach out to the State Law Library’s reference desk for help, and get tips on how to access popular sources.
New Books - Kari Zelinka
New Edition! Social Media and the Law, by Kathryn L. Ossian, 2022
Call Number: KF 390.5 .C6 A176 2022
The social media world is constantly changing. New platforms are created and users create their own content and interact with each other. If you’re looking for examples and case citations, Social Media and the Law, has just been updated. This resource is applicable to employment law attorneys, copyright attorneys, trademark, advertising and many other areas of law. The appendix contains sample letters, consent forms, and subpoenas.
Chapters include:
- Privacy
- Copyrights, ownership, and control of content
- Trademarks and brand protection
- Defamation, other torts, and related cybercrimes
- Employment and workplace issues
- Compliance considerations for regulated industries
- Advertising
- Crimes, prosecution, and evidence
- Civil discovery issues
New Revision! Diagnostic and Statistical Manual of Mental Disorders, 5th ed, text revision, 2022
Call Number: RC 455.2 .C4 D54 2022
While you may not reference it in your daily practice, it’s helpful to be aware that the Diagnostic and Statistical Manual of Mental Disorders has recently been updated. If a new disorder is added to the manual or an existing one is reclassified, it can have ramifications on healthcare coverage. For instance, Prolonged Grief Disorder was just added to the manual. Clinicians consult the DSM-5 in making diagnoses and this could impact legal cases.
Updates include:
- Dozens of modified criteria sets with clarifications since DSM-5
- Considerations of the impact of racism and discrimination on mental disorders integrated into the text
- New codes to flag suicidal behavior
- Updated ICD-10 CM codes, including many for substance abuse and withdrawal
- Redesigned diagnostic classification
See our latest New Titles list for a list of new books and other resources.
For assistance in accessing these or other resources, please contact our Reference Desk.
Tech Tip - Heidi Yelk
It's easy to mistakenly close a tab while browsing the Internet. Luckily, it's just as easy to restore a closed tab. When using a Windows computer simply use the keyboard. Press Ctrl+Shift+T to restore a closed tab. Need to restore more than one closed tab? Repeat Ctrl+Shift+T to restore each recently closed tab. This command works in Firefox, Chrome and Edge. If using a Mac, press Command+Shift+T.
You can also use your browser's history menu to quickly jump back to old pages or even restore a previous session. In Chrome, access history by clicking on the three ellipses / dots in the upper right corner. In Firefox, click on the three horizontal bars, also in the upper right corner. Pull down to "history" and review your options.
Attorney Directories Moving Online - Carol Hassler
Two familiar print directories have moved online-only in recent months. The State Bar of Wisconsin’s Wisconsin Lawyer Directory has ceased its print directory after more than 30 years. The Martindale-Hubbell law directory is ceasing its print directories after the 2022 edition.
Moving forward, attorneys may be searched on the State Bar of Wisconsin’s Wisconsin Lawyer Directory online, or Martindale’s Lawyers.com or Martindale.com. The Wisconsin Court System also provides a lawyer status search.
Past print editions of both directories have been popular sources for historical and genealogical research. The library will continue to provide access to an archive of past print editions. The online directory information is moving to provide current information only, so our historical print collection will span the following years:
Check Out Our Summer Display - Abby Hartenbower
Having fun in the sun this summer? Going on vacation? Check out this selection of books related to summer activities. From laws about recreational craft, to water law and drone law, librarians are here to answer your questions. And for those looking for a little more escapism, check out our selection of fiction titles in the Pros and Cons section, located on the 3rd floor of the library behind the Rare Book Room!
Featured books in this display include:
- Modern public land law in a nutshell, by Robert L. Glicksman, George Cameron Coggins
- History of public land law development, by Paul W. Gates; with a chapter by Robert W. Swenson
- The little green book of golf law : the real rules of the game of golf, by John H. Minan
- The law of regulated gambling : a practical guide for business lawyers, edited by Keith Miller
- Recreational immunity in Wisconsin, by John A. Becker
- Legal handbook for photographers : the rights and liabilities of making images, by Bert P. Krages
- Recreational craft : jurisdiction, claims, and coverage, drawn from papers presented at TIPS Annual Meeting, Admiralty and Maritime Law Committee
- Wisconsin water law in the 21st Century : understanding water rights and regulations, by Paul G. Kent
- Drones across America : unmanned aircraft systems (UAS) regulation and state laws, by Sarah Nilsson
- Commercial drone law : digest of U.S. and global UAS rules, policies, and procedures by Timothy M. Ravich
- WI Stats 167.10 Regulation of Fireworks
Library News - Carol Hassler
Welcome New Staff
We are pleased to welcome Chris Schroeder as the new Library Assistant at the David T. Prosser Jr. Library. Chris has several years of circulation and help desk experience, including at the Middleton Public Library. Please join us as we welcome Chris to the library!
New Portraits at the Milwaukee County Law Library
The Milwaukee County Law Library strives to cultivate an inclusive and welcoming atmosphere. Three beautiful prints, generously donated by Attorney Joel Rosenthal, help us to achieve that goal. These vibrant portraits of influential African Americans in law and politics include the late congressman and civil rights activist, John Lewis; U.S. Supreme Court Justice Ketanji Brown Jackson; and Vice President Kamala Harris. All three portraits are by local artist Ari David Rosenthal. We are proud to display these portraits in our library and we know they will inspire library visitors for years to come.
Upcoming Classes
Sign up for this month’s new in-person class, or check for upcoming fall webinars on our Classes page. To sign up for this month's class, please send an email to Abigail.Case@wicourts.gov.
Missing or Repealed Statutes and other special problems in Wisconsin Legislative Research
Wednesday, July 13, 12:00 - 1:00 p.m.
Location: David T. Prosser Jr. State Law Library
FREE.
To sign up for this month's class, please send an email to Abigail.Case@wicourts.gov.
This class introduces sources that can untangle unusual problems that can be quite vexing when they come up, such as finding repealed statutes, tracing non-statutory laws, and determining when and to what extent a non-codified session law has been amended.
July Snapshot
Chief Justice Shirley S. Abrahamson at IU
Photos by Jaime Healy-Plotkin
Tributes to alumna Chief Justice Shirley S. Abrahamson were photographed during a trip to the Indiana University School of Law in May. Abrahamson’s photo can be found in the gallery of alumni photographs, and a banner flies to celebrate her achievement of becoming Wisconsin’s first woman Supreme Court Justice. Learn more about Chief Justice Shirley S. Abrahamson’s life and career at https://www.shirleyabrahamson.org/
We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo to the editor at carol.hassler@wicourts.gov to be included in a future issue.
Comments Welcome!
- Contact Carol Hassler
608-266-1424
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