Ummm.... actually, after 1776/77 the colonies had the Articles of Confederation for about 10 years before the Constitutional Convention.
/johnny
You are correct.
Nevertheless, “Pre-Constitution voting rights” (during Articles of Confederation time) were given only to white Protestant males, and in only 4 or 5 states to free black males, Catholic males and Jewish males.
Are these the rights that the judge wishes to emmulate?
Ummm.... actually, after 1776/77 the colonies had the Articles of Confederation for about 10 years before the Constitutional Convention.
I don't have the dates completely correct here (all of the dates below), but it appears that Wisconsin joined the Union on May 29, 1848.
Prior to that it was the Territory of Wisconsin, from July 3, 1836, until May 29, 1848.
Prior to that it was within the Northwest Territory that existed from July 13, 1787, until March 1, 1803. (guess it was still in a portion of the area formerly known as the Northwest Territory from 1803 to 1836)
Prior to that it was part of the Indian Reserve, a territory under British rule set aside in the Royal Proclamation of 1763 for use by American Indians, which was assigned to the United States in the Treaty of Paris (1783), which overlaps the period when the Articles of Confederation were in effect, as well as the time when the US Constitution was in force, as well as prior to US independence.
So, did the American Indians have a right to vote in the area that later became Wisconsin as specified by the Treaty of Paris? Or else, there might be something amiss in your line of argument, interesting as it may be.