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Health & Fitness

Recall — A Rational Approach to Government

This examines whether the recall is a rational means to keep elected officials accountable.

The dialog surrounding the recall process allocated for by the Wisconsin State Constitution is stirring controversy all over the state. The recalls of the summer of 2011 and now the recall of the Governor, Lt. Governor and three State Senators, have left a number of people questioning the recall process and if it is being misused.

The authors of the State Constitution did not initially include a recall provision as we see it today. It was added to the Constitution in November of 1921 and amended in April of 1981. It is to be found in the State Constitution in Article XIII, Section 12. It does not require any prequalification for malfeasance, or crimes committed in office by the elected official. An elected official can be recalled for any reason. Crimes and misdemeanors are covered under impeachment, trial and removal by the state legislature.

What the authors of Article XIII, Section 12 built into the State Constitution was an ultimate protection against governmental overreach and unlimited power grabs by an individual or select group of elected officials. The way the Constitution is designed to work, in theory, is each of the three branches of government checks and balances the other two. Power is purposely divided to prevent overreach by anyone branch and guards against the rise of tyranny. However, the Wisconsin State Legislature took the maintenance of balance of power one step further, the constitutional recall.

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If any elected official within the state is identified as stepping beyond the scope of their elected office or the balance between the branches of government becomes too unbalanced, then the constitutional recall is the logical answer to returning balance between the governmental branches or removing the elected official who overreaches. As in the current state of affairs, one party has complete control of the three branches and has given unprecedented power to the executive branch. Through constitutional recall, the voter has the ultimate power to check the egregious situation and bring balance back to government. It becomes the ultimate check and balance mechanism to keep government elected officials accountable.

The hurdle to place an official up for recall is neither too high nor too low. With the requirement of 25% of the electorate required to sign a recall petition, it presents a substantial challenge against frivolous recall movements. Therefore, history has proven that recalls have been few and far between and have been used judiciously.

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As in the political environment we currently find ourselves, the constitutional recall will settle once and for all the will of the majority of Wisconsin. This should allow the state to settle on a direction and pursue the business of the state in a balanced and consistent manner. Clearly the recall is being used as designed by its authors and gives the final say to the direct majority of voters.

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