MINNEAPOLIS (WCCO) — Republicans in Wisconsin want Democrats on-the-run brought back to Madison by state troopers, but there’s a problem — they haven’t broken any laws.
David Schultz Law Professor at Hamline University in St. Paul said that even if they did break a civil law, there is a clause in the Wisconsin Constitution that protects them from being arrested while the session is going on.
“There is literally nothing the governor can do to haul those 14 senators back. And conversely, while the governor had no authority to try and order them arrested he also didn’t violate any law by doing it,” explained Schultz.
According to Schultz, in the 19th century you often times had opposition that would try to get you arrested in the legislature to prevent you from voting.
“There are many states like Minnesota and Wisconsin that put clauses in the Constitution that said you really can’t be arrested for any civil matter while in session so that you couldn’t be prevented from performing your duty.”
WCCO’s Dave Lee Interviews David Schultz