Can Wisconsin arrest AWOL Democrats?
First, Republicans wanted to fine the Badger State Democrats who skipped town to stall a tough anti-union bill. Now, the GOP has ordered their forcible arrest. Is that constitutional?

Wisconsin Republicans voted this week to hold their state-fleeing Democratic colleagues' paychecks and fine them $100 a day until they return to the capitol and allow a vote on Gov. Scott Walker's (R) controversial anti-union bill. Then, they took away the Democrats' staffs and parking spaces. Now, the state Senate has ordered the Democrats detained and brought to the capitol, using "force and assistance from police" if necessary. Is that legal?
This is a "clearly illegal move": Wisconsin Senate Majority Leader Scott Fitzgerald (R) is wrong when he insists this "truly unprecedented measure" is legal, says Rick Ungar at Forbes. "The Wisconsin state Constitution expressly prohibits the arrest of lawmakers," except for "felony, treason or a breach of the peace." This simply won't stand.
"Wisconsin Dem. senators officially fugitives from the law"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Critics are misreading the law: The constitutional clause everyone is butchering means that courts can't legally compel the Democrats to return to work, says Jim Lindgren at The Volokh Conspiracy. But the state Senate can clearly police its own "miscreant legislators." Wisconsin's Constitution gives each chamber of the legislature the "privilege to compel attendance," just as the U.S. Senate can (and does).
"The arrest clause of the Wisconsin Constitution applies only..."
Legal or not, it sure looks bad: "I'm no lawyer," but this is an overreach, even if it's legally permissible, says O. Ricardo Pimentel in the Milwaukee Journal Sentinel. "Everyone should look askance at anyone having the power to get the cops to bring you to work." And Republicans, especially, should be wary of looking like "Big Brother." Still, "give Fitzgerald points for consistency." After docking Democrats' pay and reassigning their staffs, "arresting the senators is just the next logical step."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
The rise and rise of VTubers
Under The Radar This anime-inspired internet subculture is going global
By Abby Wilson
-
Book reviews: 'The Thinking Machine: Jensen Huang, Nvidia, and the World’s Most Coveted Microchip' and 'Who Is Government? The Untold Story of Public Service'
Feature The tech titan behind Nvidia's success and the secret stories of government workers
By The Week US
-
Mario Vargas Llosa: The novelist who lectured Latin America
Feature The Peruvian novelist wove tales of political corruption and moral compromise
By The Week US
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK