Saturday, January 4, 2014

Contracts of Surety and the Secret Ballot in English Common Law and the Wisconsin State Constitution

The following was written in March 2012.

Act of Parliament, Regnal. 29 Chas. 2 c. 3, 1677:

An Act for Prevention of Frauds and Perjuryes:

IV. No Action Against Executors, &c. Upon a Special Promise, or Upon Any Agreement, or Contract for Sale of Lans, &c. Unless Agreement, &c. be in Writing and Signed:

“Noe Action shall be brought whereby to charge the Defendant upon any speciall promise to answere for the debt default or miscarriages of another person unlesse the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writeing and signed by the partie to be charged therewith or some other person thereunto by him lawfully authorized”

Wisconsin Constitution:

Article I, Section 11; Attainder; Ex Post Facto; Contracts:

“No… law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate”

Reserve Life Ins. Co. v. La Follette, 18 Wis. 2d 637, 33 N.W.2d 173 (Ct. App. 1982):

“A challenge to legislation must prove: 1) the legislation impairs an existing contractual relationship; 2) the impairment is substantial; and 3) if substantial, the impairment is not justified by the purpose of the legislation”

Wisconsin Constitution:

Article III, Section 3; Secret Ballot:
“All votes shall be by secret ballot”

Wisconsin Constitution:

Article XIV, Section 13; Common Law Continued in Force:
“Such parts of the common law as are now in force in the territory of Wisconsin, not inconsistent with this constitution, shall be and continue part of the law of this state until altered or suspended by the legislature”

For more entries on elections and campaign finance, please visit:

For more entries on government secrecy and N.S.A. surveillance, please visit:

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