email at

Saturday, November 18, 2017

Catch-22 and Constitutional Law

How it relates to constitutional law

How it relates to Racine County

In the 1961 paradoxical novel CATCH-22, Joseph Heller created an unending circular reasoning between sanity and insanity. Heller created a dilemma of difficult circumstances from which there is no escape because of mutually conflicting or dependant conditions.

In the novel, you were place in the dilemma of 
"damned if you do and damned if you don't"
 henceforth the term "CATCH-22" came into play in the english language.

You may be asking yourself how does Joseph Heller's book apply to our U. S. Constitution? 

A recent Racine County Circuit Court case brought  
CATCH-22 to mind.
As an avid reader and constitutionalist, I often think about how thought provoking literature can correlate to law.

As a constitutionalist, I have long held that "the citizen should not have to relinquish a right to preserve another right". 
To do so is a "Catch-22".  It is the simplest of litmus tests I use to determine whether a law can pass the muster of the U.S. constitution. Of course there are other considerations as to the constitutionality of law, but the "Catch-22" analysis keeps it clean, simple and free of circular reasoning and acts.

Milewski  vs. Town of Dover 
Racine County Circuit Court Case # 14CV1482

The Milewski's were placed into a CATCH-22 when a law relinquished one right to protect another.

Case 14CV1484 well illuminates the paradox of written tax law of how a law can be "illegal".

The ill advised notion "it is law therefore it is legal" was used by the Town of Dover to assess Vincent Milewski and Morgane McDonald's (husband/wife) property. 

In 2013, an employee of Gardiner Appraisal Services, acting on behalf of the Town of Dover requested entry into the Milewski household in order to assess the property value of their residence.
Vincent and Morgane politely refused the tax assessor entry into their home asserting their 4th. Amendment right to be free from searches.

Do to the Milewski's refusing the assessor entry in their home, Gardiner arbitrarily raised the Mill rate to Milewski's property and the Town Board applied such assessment.

That may not had been a problem at the time had the Town of Dover Review Board allowed the Milewski's the right to due process to contest the increased Mill rate.

 Instead the Town of Dover Board of Review refused the Milewski's the right to due process, citing law as their reasoning.

Here was the CATCH-22 of the law ;
The law prevented homeowners who exercised their 4th. amendment rights to assert their 14th. amendment rights. 

Specifically, the then active law required owners of property to consent to a tax assessor entering your home or lose your due process rights in front of Boards of Review, Department of Revenue and even the courts.

In 2017, the Wisconsin Supreme Court declared the law unconstitutional, overruling the law in their 47 page opinion.  The Wisconsin Supreme Court basically stated you cannot be denied a right because you invoked another right.

The Wisconsin Supreme Court got this one right!!!

You may navigate the complete case file @

Due to the tenacity and focus of the Milewski's, their legal team and friends of the court, all Wisconsin citizens benefit from their costs and efforts.

 To Vincent, Morgane, their legal staffers and filers of amicus curiae briefs who fought 
the good fight.

Thank you
 Thank you 
Thank you