State ex rel. Kleczka v. Conta

264 N.W.2d 539, 82 Wis. 2d 679 (1978)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

State ex rel. Kleczka v. Conta

Wisconsin Supreme Court
264 N.W.2d 539, 82 Wis. 2d 679 (1978)

  • Written by Heather Whittemore, JD

Facts

Gerald D. Kleczka, a member of the Wisconsin senate, and John C. Shabaz, a member of the Wisconsin assembly (collectively, the legislators) (plaintiffs), filed a lawsuit against Martin J. Schreiber (defendant), the acting governor of Wisconsin, alleging that Schreiber misused his partial-veto power. Article V, § 10 of the Wisconsin constitution provided that the governor may use a partial veto, meaning a veto of a portion of a bill rather than the entire bill, on appropriations bills. In 1977 Assembly Bill 664 (AB 664), an appropriations bill, passed in both houses of the state legislature and was presented to Schreiber. Schreiber partially vetoed two sections of AB 664. The first partial veto affected the Wisconsin Election Campaign Fund (the fund). The legislature intended for taxpayers to have the ability to increase their income-tax liability by $1 to deposit into the fund. Schreiber’s partial veto struck language from the section and instead allowed taxpayers to designate $1 from their income-tax liability to go to the fund. The partial veto would result in up to $600,000 from the state’s anticipated general revenue being redirected to the fund. The second partial veto moved the effective date of AB 664 up by one year. The legislators argued that Schreiber’s partial vetoes were unauthorized because they affected language that was not severable from AB 664 and changed the appropriations decided on by the legislature.

Rule of Law

Issue

Holding and Reasoning (Heffernan, J.)

Concurrence/Dissent (Hansen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership