The vote was a last resort since the Democratic senators have been missing for two weeks now and are not willing to vote on the bill they believe would strip teachers' unions of their bargaining rights. ''[The Democrats] have pushed us to the edge of a constitutional crisis,'' said Fitzgerald. However, if the Democrats are shaking in their boots, they're certainly not showing it with their words. Senator Christ Larson, D-Milwaukee, responded to the arrest order fearlessly, saying ''The Republicans have gone around the bend. They've just increased their bullying tactics and are producing an even greater divide in our state.''
The real question remains: do they Republican senators have legal standing in signing an arrest order for the missing Democrats?
According to James Troupis, a lawyer for majority leader Fitzgerald, the state does have the legal capability to round up the senators under a provision in the state constitution that includes mandatory attendance. According to Troupis, the senators would not technically be arrested, but rather, detained. ''The legislature has its own powers - that's the principle here,'' said Troupis. ''The constitution is quite explicit in providing our Legislature with independent authority.''
Legal supporters for the Democrats are singing quite a different tune about the extent of the powers possessed by the state legislature. To be clear, however, two Madison attorneys, Lester Pines and Susan Crawford claim that, ''None of the fourteen absent Senators have been charged with a crime. Nor has any crime occurred. The Wisconsin Senate has absolutely no authority to order any of its members arrested or taken into custody in order to compel their attendance.''
