Perhaps recent court rulings redrawing district lines in some states, or even the mid-term election results, caused counter legislative acts in Wisconsin and MI, but while these will make governing for Democrats in those states more hard, they're not illegal, says a constitutional law expert at Washington University in St. Louis. Were the districts not rigged in Republicans' favor, then the party wouldn't be able to pass legislation and strip power from incoming Democrats during lame duck.
In an all-night floor session, Wisconsin Republicans this week approved sweeping legislation to eliminate the state Justice Department's solicitor general's office, a tool the defeated Republican attorney general, Brad Schimel, used to join highly partisan lawsuits such as the ACA challenge. Once the bills reach Walker's desk, he has 10 days to decide what to do.
The bill "is an attack on the doctrine of separation of powers, " Democratic state Rep. Brian Elder said.
"Separation of powers is an essential part of overall governance and built into the constitution", said Caroline Fredrickson, president of the American Constitution Society, a liberal legal organization.
On the heels of significant Democratic midterm victories in MI and Wisconsin, the Republican-controlled legislatures in both states have advanced plans to limit the authority of the states' newly elected governors.
"Once the public sees it, then they'll want to pass the whole thing, not just pieces", Sarbanes said, warning there would be a "political effect for those who stand in its way". Now he may have to support a lawsuit to get that power back.
"You're here because you don't want to give up power", Democratic Assembly Minority Leader Gordon Hintz said as debate concluded in that chamber.
"We have allowed far too much authority to flow to the executive", Vos said.
The bills they proposed followed the lead of North Carolina, where Republicans adopted similar legislation over the last two years. Democrats were optimistic it would be rejected by the courts again.
Robin Vos, the apeaker of the Wisconsin State Assembly, told reporters the day after the election that the plan is meant to "re-balance" power following the Walker administration.
The mass confirmations come after Wisconsin Republicans pushed through several bills to weaken the governor's office before Evers is sworn in.
Despite Gov. Rick Snyder's past veto, the Republican-controlled Michigan Legislature is again advancing a bill that would prohibit the state from adopting regulations than are more stringent than federal rules - except in certain situations. The party has used that power to pass conservative policies, including creating voter ID requirements, adopting right-to-work laws and stripping public workers in Wisconsin of almost all their collective bargaining rights.
Walker has said he supports the bills His office worked with Republican lawmakers to craft the legislation. The bill could win Senate approval as early as next week.
The Christian legal expert maintains that this is what happens in the field of politics.
Democrats say the move in the critical Midwestern battleground states where their party reclaimed both governorships for the first time in almost a decade ignores the will of the voters and undermines their ability to govern.
Lee said there's a strong argument that curbing Evers' authority is unlawful because the state constitution says: "The executive power shall be vested in a governor".
"At no point did voters say they wanted the rules manipulated".
"When it comes to separation-of-powers issues, our Supreme Court, like every other supreme court, is very cautious", Pines said.