Separation of Powers- Legislative Oversight of Executive Actions

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WI Court of Supreme Court

Case Name: Tony Evers v. Howard Marklein

Case No.: 2023AP002020-OA

Officials:

Focus: Separation of Powers- Legislative Oversight of Executive Actions

In this case, the Wisconsin Supreme Court dealt with the separation of powers between the executive and legislative branches of the state government. The case arose from a dispute over legislative oversight of executive actions, specifically the Knowles-Nelson Stewardship Program, which is administered by the Department of Natural Resources (DNR).

Governor Tony Evers and the petitioners argued that the legislative Joint Finance Committee’s (JFC) ability to block executive agency rulemaking was an unconstitutional encroachment on executive powers. They sought a declaration that such legislative oversight violated the separation of powers doctrine under the Wisconsin Constitution.

The majority opinion, delivered by Justice Rebecca Grassl Bradley, concluded that the JFC’s actions constituted an unconstitutional exercise of executive power by the legislature. The court ruled that while the legislature has the power to create laws and appropriate funds, it cannot assume direct control over the execution of those laws, which is the domain of the executive branch.

Justice Ann Walsh Bradley, joined by Justices Dallet and Protasiewicz, filed a concurring opinion, emphasizing the need for maintaining clear boundaries between legislative and executive functions to preserve the constitutional separation of powers.

Chief Justice Ziegler dissented, arguing that the court’s decision improperly restricted the legislature’s ability to oversee executive actions, thereby upsetting the balance of power intended by the state constitution.

The decision underscored the court’s role in delineating the boundaries of authority among the state’s branches of government to ensure a balanced and functional separation of powers.

Decided 07/05/24

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