heavy presumption in Wisconsin

1994Chappy v. LIRC, 136 Wis. 2d 172, 184-185 , 401 N.W.2d 568, 573-74 (1987).

1994Chappy v. LIRC, 136 Wis. 2d 172, 184-185 , 401 N.W.2d 568, 573-74 (1987).

1992We begin by noting the familiar rule that, like statutes enacted by the legislature, regulations adopted by administrative agencies "carry a heavy presumption of constitutionality and the challenger has the burden of proving unconstitutionality beyond a reasonable doubt." Skow v. Goodrich, 162 Wis. 2d 448, 450 , 469 N.W.2d 888, 889 (Ct. App. 1991).

1992Another rule applicable to our discussion is that administrative rules, like statutes, "carry a heavy presumption of constitutionality and the challenger has the burden of proving unconstitutionality beyond a reasonable doubt." Id.

1996Co. v. Tesmer, 161 Wis. 2d 733, 737 , 469 N.W.2d 203, 205 (Ct. App. 1991).

1996Co. v. Tesmer, 161 Wis. 2d 733, 737 , 469 N.W.2d 203, 205 (Ct. App. 1991).

1996And where, as here, both sides move for summary judgment "we generally consider the facts to be stipulated, leaving only questions of law for resolution." Rock Lake *412 Estates Unit Owners Ass'n v. Township of Lake Mills, 195 Wis. 2d 348 , 356 n.2, 536 N.W.2d 415, 418 (Ct. App. 1995). [4-6] As a general rule, "[s]tatutes carry a heavy presumption of constitutionality and the challenger has the burden of proving unconstitutionality beyond a reasonable doubt." Employers Health Ins.

1996And where, as here, both sides move for summary judgment "we generally consider the facts to be stipulated, leaving only questions of law for resolution." Rock Lake *412 Estates Unit Owners Ass'n v. Township of Lake Mills, 195 Wis. 2d 348 , 356 n.2, 536 N.W.2d 415, 418 (Ct. App. 1995). [4-6] As a general rule, "[s]tatutes carry a heavy presumption of constitutionality and the challenger has the burden of proving unconstitutionality beyond a reasonable doubt." Employers Health Ins.

1995We are mindful of the heavy presumption in favor of constitutionality that must be afforded statutes: Judicial inquiries into [legislative] motives are at best a hazardous matter, and when that inquiry seeks to go behind objective manifestations it becomes a dubious affair indeed. . . . "[I]t is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void." Flemming v. Nestor, 363 U.S. 603, 617 (1960) (quoted source omitted).

1995We are mindful of the heavy presumption in favor of constitutionality that must be afforded statutes: Judicial inquiries into [legislative] motives are at best a hazardous matter, and when that inquiry seeks to go behind objective manifestations it becomes a dubious affair indeed. . . . "[I]t is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void." Flemming v. Nestor, 363 U.S. 603, 617 (1960) (quoted source omitted).

1992The due process clauses "impose[ ] constraints on governmental decisions that deprive individuals of . . . property interests . . .." Patterson v. Bd. of Regents, 114 Wis. 2d 495, 500 , 339 N.W.2d 130, 132 (Ct. App. 1983).

1992The due process clauses "impose[ ] constraints on governmental decisions that deprive individuals of . . . property interests . . .." Patterson v. Bd. of Regents, 114 Wis. 2d 495, 500 , 339 N.W.2d 130, 132 (Ct. App. 1983).