Wisconsin Judge Rules The Will Of The People Is Unconstitutional

March 19, 2011 7:00 am 25 comments

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Bill Kneer

Once again the left shows us that “We the People” and the rule of law mean nothing. The socialist County Court Judge Maryann Sumi is doing what the left-wing judicial branch does best; circumventing the will of the people by legislating from the bench.

Politico reported that Judge Maryann Sumi temporarily halted Wisconsin’s union law.Dane County Court Judge Maryann Sumi issued the order — which prevents Wisconsin Secretary of State Doug LaFollette from publishing the collective bargaining law until she could rule on the case — in response to a complaint brought by the county district attorney on behalf of several public officials who claim Republicans violated the state’s open-meeting law by pushing the legislation through unlawfully.

“It seems to me the public policy behind effective enforcement of the open meeting law is so strong that it does outweigh the interest, at least at this time, which may exist in favor of sustaining the validity of the (law),” Sumi said, according to the Milwaukee Journal Sentinel.

Notice she said “It seems to me” this is her opinion only; its not based in fact or in law but in her personal political beliefs. Judges are NOT to legislate from the bench. Legislation comes from the legislative branch of government. In this case it comes from the elected Representatives in Wisconsin. This includes Scott Walker. Judges do not create law they enforce laws.

The collective-bargaining legislation had been stripped from Walker’s larger budget bill and instead moved through a conference committee, since a group of 14 Democratic senators fled the state in order to prevent a vote on the measure. The district attorney in this case, is claiming that the lack of notice given before the conference committee convened is tantamount to a violation of Wisconsin’s open meeting laws, and that the public did not have time to attend the session.

The left has lost their power due to their lack of good old American honesty and integrity and now will do anything to stop the will of the people. They lost the election so they fled the state so that Republicans could not vote.  Then when they lost ,they turn to a Left wing Judge for help.

The people of Wisconsin have spoken! They elected the Republicans so their state could be saved. Everyone knows the will of the people, but Democrats and the left-wing judges will not submit to the will of the people.  It seems to me over and over again in our beloved nation, that left-wing judges circumvent the will of the people and this shows me that they all feel the will of the people in unconstitutional.

If our nation is going to survive we must take back our courts of law, and curtail activist judges, or the will of the people will continue to be ignored. Over and over we see the left-wing judges legislating from the bench. That was never to be their job. Leave the legislation to those who are accountable to “We the People”.


  • I totally agree it’s just like that judge who declared Obamacare unconstitutional. I mean they should be enforcing Obamacare not ruling on the legality of it.

    Darn judges

    • Spoken like a true socialist….the will of the people is not obamacare.

      • If you follow that that Walker was elected to institute said policy and was very clear about his intentions then same goes for Obama.

        According to the article, “The people of Wisconsin have spoken!”, and the same thing can be said about the 2008 election.

        You can’t scream activist judges on one hand while wilfully ignoring the facts.

        • The Left took power in 2008 and then started our country on a downhill spiral and the people got mad and started to come together to take our nation back. In 2010 we did just that and the left lost in all states.

          Then the Republicans once in power started doing what they were elected to do and cutting the size of government.

          So the people have spoken and the left did what they do best they ran…Then when they lost again they went to a left wing Judge. Thats a fact and its not the will of the people.

          We will stand up and fight for our nation. We will not let the new age socialist movement take us down.

          The left knows this and thats why they are fearful of we the people.

          • That’s funny, I thought the number of protests and the overwhelming poll numbers indicated that “the will of the people” was NOT behind Walker’s bill. Typical “Conservative” selective memory.

          • Lew talk about memory, i think the dishonesty from the left is more like it. We all know that the protesters where union members and many paid from other states to come in and trash the place.

            A little honesty goes a long way….But i know that the left does not deal honestly.

  • Want to know why the Left will fight and die for the unions?

    Leading Union Political Campaign Contributors

    American Fed. of State, County, & Municipal Employees

    Intel Brotherhood of Electrical Workers

    National Education Association

    Service Employees International Union

    Communication Workers of America

    Service Employees International Union

    Laborers Union

    American Federation of Teachers

    United Auto Workers

    Teamsters Union

    Carpenters and Joiners Union

    Machinists & Aerospace Workers Union

    United Food and Commercial Workers Union


    Sheet Metal Workers Union

    Plumbers & Pipefitters Union

    Operating Engineers Union

    Airline Pilots Association

    International Association of Firefighters

    United Transportation Workers

    Ironworkers Union

    American Postal Workers Union

    Nat’l Active & Retired Fed. Employees Association

    Seafarers International Union

    Source: Center for Responsive Politics, Washington, D.C.

    The union have bought and paid for personal representation and now our government does not represent we the people they represent the left.

    This can NOT be allowed to continue.

    • vonnise cobb

      I wonder how many of these union members would like for their union bosses to return a little of those union dues to them now that so many are now unemployed instead of spending so much on Democratic vote buying?

  • You still are avoiding the actual issue. What in your mind is different between the Judge who ruled against Obamacare and this Judge. They both ruled on the fact that the laws unconstitutional. Simple as that.

    • Scansin DAVE

      We the silent majority have already spoken. We wanted Walker to do exactly what he’s doing. Walker promised he would be fiscally responsible and help make Wisconsin a better place for businesses. He’s actually doing what he said he would do. Name ONE Democrat who has done that. Barack Hussein Obama promised “hope and change”, he promised a transparent government and he never explained his socialist agenda. Nobody would have voted for him if they knew what he was really thinking hope and change was. He said he would fundamentally change America. We don’t want his fundamental change. We want America to be the same but run more efficently. Same goes for Wisco. We don’t want to have crappy teachers making $75,000/year. We want great teacher to make that. We don’t need bus drivers making over $100,000/yr, we need that money in the private sector. I say, privatize all schools, all government jobs and see how capitalism works. It weeds out the bad and rewards the good. All you liberals need to move to Europe. I’m sure there are many good Eurpeans who would love to enjoy the fruits of Capitalism

  • I think you are having a hard time understanding freedom and many do these days and that puts our beloved nation at risk.

    In Wisconsin the people voted for Republicans because the left had taken their state into bankruptcy. The elected there did not work for the people but for the unions. The people voted for HOPE & CHANGE. Not the kind Obama brings but the kind that Republican have…The Republicans version of HOPE & CHANGE is freedom and opportunity. The elected where doing the work of the people and the left did what they do best when losing a fight…They Run… Just like they did in Texas in 2001 and I suspect they may do it again. When the people finely won they went to a judge.

    In Obamacare the left once again took freedom from the people and said not having healthcare was a crime and they forced everyone to have healthcare. This is what Judges are for..In this case the judge gave we the people some of our GOD given freedom back.

    It’s a shame that some are so blind they don’t even see that freedom is being taken away. Out us Constitution did not gave rights to government it gave rights to we the people and we are not going to left the left take them without a fight.

    To those who do not like our GOD given American freedom feel free to move to Europe where you can live under an oppressive Government….But here in America we life free.

    • Again both Judges didn’t rule on freedom or any other issue except for the constitutionality of said law.

      A judge has no right to declare what he or she feels should be a “GOD given American freedom”, in fact that is activism and is abhorent in a free country. A judges job is to decide on the legality of an issue presented to him or her, nothing more.

      In both of the cases I have mentioned the judges ruled on the constitutionality of the law as passed and found them both to be legally wanting.

      Nothing either Judge does hampers the ability of either the Democrats or Republicans to revist the issue and fix what was found to be lacking.

      I see no activism on either side here, just Judges doing what they are supposed to do.

      That you don’t agree with a legal decision is one thing, calling it “activism” is laughable.

      • Derrell Sensat

        The judge in the Obamacare case was right to conclude that it is unconstitutional to force anyone to have to purchase anything. The Wisconsin deal is totally different, the law does not force someone to purchase something they don’t want or can’t afford. That is probably why the socialist scum left wing liberals are raising such a fuss. They think the government should take from the taxpayers and give the money to people who don’t earn or deserve it. The fact is the states are broke, the people have spoken, and it is time to quit giving away money that we don’t have and reign in spending so that the country doesn’t go broke just like all these states. I think it will be funny if these cry baby liberals get there way and the states declare bankruptcy, and the fed can’t bail them out because they are bankrupt also, then the cry baby libs will have sealed their own fate and have absolutely no income coming in and there won’t be any welfare to save them. Keep pushing morons and kill yourselves.

  • Its hard to explain common since to a fool. With all due respect. Obama took Freedom from the American People with the Healthcare Bill. They overstretched there authority and the Judge did his job and defended we the people.
    In Wisconsin the the Legislature did what the people wanted and what is there responsibility to do. They made laws to give freedom back to we the people.

    But a bought and paid for Democrat judge ruled the will of the people to be wrong. If you can not understand that i feel sorry for you.

    I do think you do know better but your politics makes you unwilling to see or say what you know to be true.

  • David Adrian Smith

    @Harry…to have this discussion one must first remember the concept of the ‘Will of the People’ and where it originates. Perhaps Alexander Hamilton derives his comments from earlier sources, but I refer to his comments in the Federalist Papers, somewhere in #78-82. It is juxtaposed in a discussion comparing the ‘Will of the People’ with the ‘Will of the REPRESENTATIVES.’ I think you are excluding the latter in your arguments. Forgive me if I am wrong.

    The ‘Will of the People’ is defined by Hamilton as the Constitution of the United States, also referred to as ‘Fundamental Law.’ The ‘Will of the Representatives’ is in reference to STATUTORY LAW, or ORDINARY LAW. Hamilton makes the point that ORDINARY LAW (example, Obamacare legislation/law) does not trump FUNDAMENTAL LAW (Constitution) when the one is out of line with the other. So for the Federal Judge to make the assertion that Obamacare is unconstitutional (i.e. out of line with the Constitution) is perfectly in line with the purpose of the Judiciary. And it is a Federal Judge. Again, perfectly in order.

    Notice this is a STATE DISTRICT COURT JUDGE in the Wisconsin matter. Do this…look up in the Wisconsin Constitution if a STATE DISTRICT COURT JUDGE is able to rule on the constitutionality of legislation, Acts of the Legislature or constitutionality of open meetings in the case of the STATE LEGISLATURE taking up specific matters of legislation. I’m guessing no.

    We had a matter in Texas where STATE DISTRICT COURT JUDGE Tena Callahan ruled that Texas’ CONSTITUTIONAL AMENDMENT defining marriage as between one man and one woman was unconstitutional. She did so based on a saying written on a GROCERY SACK (a recycleable one at that) at WHOLE FOODS and a saying her DADDY taught her as a young child. Her ruling was NOT based on the TEXAS CONSTITUTION, which explicitly states that neither STATE DISTRICT COURT JUDGES nor STATE APPELLATE COURT JUDGES are able to rule on the constitutionality of State laws or Constitution. Only the SUPREME COURT OF TEXAS is able to do that. The Constitution of the United States does not play a role in Texas STATE DISTRICT COURT cases because the Constitution of the United States does not apply in Texas STATE DISTRICT COURTS. Period. Those Courts are set up by the Constitution of the State of Texas. Period.

    I really hate that a non-attorney is the one who has to point out such things. I would expect some UT Law grad to be arguing such points. Then again, they consider themselves the “Harvard of the South,” therefore they don’t even teach Texas law there. Doesn’t surprise me.

    Read up on your Federalist Papers…good read…very educational. You need it.

  • Mr. Kneer,

    You are missing the golden opportunity here to educate these people, who are almost “there.”

    Harry is right. When judges issue rulings in cases, that is their job. “Activist judges” are a phantom. They don’t exist because they can’t. It’s not permitted by the Constitution.

    Harry, Bill is right. These “rulings” are only opinions, and court opinions are not law.

    When an executive and a judge disagree, the executive wins out in the short run. He refuses to enforce the court’s decision. Remember:

    Clinton in the Gonzales case? Obama in the Florida case? Lincoln in the Dred Scott case (and others)? Andrew Jackson in Worcester v GA?

    Jefferson himself ignored the ruling in Marbury v Madison, the case in which judges supposedly received their commission from the gods to boss the other two branches around. Nobody batted an eye at Thomas’ snub. Judges have only words. That’s all they’ve ever had.

    What is left to the people is to tell their legislators which side they are on, then turn up the heat. That is how the people get their true representation consummated: letters, phone calls, emails, and peaceful petition gatherings (unlike the smashed windows those Bolshevik punks left in Wisconsin).

    The system is finally working. Messy, isn’t it? I find it glorious. Let the armchair sovereigns rise from their living rooms, turn off the football, and govern as they have NOT been doing for over a century.

    Elections are merely the end run of quite an involved process of self-government. This is what it really looks like, folks. Our kids are seeing the real Republic in action now.

  • Aaag! Bill! I just re-read your article and about swallowed my tongue!

    “Judges do not create law they enforce law?”

    Sloppy, Bill. Horribly sloppy.

    Judges enforce NOTHING! They make decisions in disputes. PERIOD!

    Only executives enforce, dude! Editor missed that one, eh?

  • The ultimate morally based issue,

    unions support,
    -embryonic stem cell research
    -homosexual unions

    Their fundamental, immoral, position in NOT protecting the most innocent of human life…REMAINS!

  • You have a first amendment right. I don’t care what the Koch brothers think and what Scott thinks he owes them, by tearing up our rights.

  • amazing that people say they love America, but they clearly hate Americans. Scott Walker admitted that he never campaigned on stripping union rights. The issue was financial financial financial!

    This is why he tried to pass this legislation in quickly, abruptly and illegally. People clearly wanted change, but they were lied to and now they are responding.

    If you think our country started on a downward spiral AFTER Barak became president……..you need to get your head checked. Remember Iraq who never attacked us, Remember Afghan where we spent BILLIONS to fight a country with dirt roads, Remember the insane gas prices in September of 2008, Remember the loses in the casino called Wall Street that the tax payers bailed out…..

    Dude! The spiral started long before Obama!

    • Yes the nation has been going down for many years. But so in your opinion we should just let it continue? No…When the Unions brake the backs of the people the people need relief.

      There is no reason we should treat union members as first rate citizens and tax payers as second rate…

      The people of Wisconsin are behind Walker the unions had to bus people in to protest and then get the courts to help them…

      Not all unions are bad and not all teachers are bad but this fight is hurting all of them.

      If we pay for our health care and retirement than so should you. DON’T EXPECT THE PEOPLE TO PAY TO THERES AND YOURS..

      • I’m glad we understand each other. The financial problems were insane under the Bush administration.

        However, how can you allege that UNIONS break the backs of people?? If there were no UNIONS in this country, we’d all be working 15 hours days, 7 days a week making $2 a day! We’d have no sick days, vacations and horrible health care options.

        Who should we be more concerned with…….the money raised by unions OR the BILLIONS and BILLIONS of coporate dollars that SOMEHOW find there way into our political system?

        What truly hurts is to have a govenor that’s a puppet for BILLIONAIRES. The people of Wisconson (the real people, not fake astroturfed organizations) are making their voices heard.

        They don’t want to be rich, they just want to live a decent life!

        I love your statement about you paying for your health care and so should unions……….How about forcing coporations to pay the same tax rate as ordinary citizens instead of STEALING 100 BILLION from us every year through tax loop holes!!!!!!

        These corporations love their profits and hate America!

    • Derrell Sensat

      Who has kept us in Iraq and Afghanistan, and gotten us into Libya now? And if I recall the gas prices now are worse than 2008. Your boy Barry (barack) Hussein Obama is really doing a bang up job isn’t he. Oh, and by the way what are the real unemployment numbers, they say it is 9.1 but we all know it is about double that with the people that have fallen off unemployment but still don’t have a job. Way to go Barry glad we could pass that stimulus for those shovel ready projects that were not going to let unemployment go over 8%. How can you even defend this lying scumbag!!! Oh yeah, I forgot, it’s still George w’s fault, feel sorry for poor Barry it is such a tough job, Why don’t you go on vacation again Barry you scum, then maybe something can get done in this country for the good of Americans!!!

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