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South Dakota Constitution

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South Dakota Constitution
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Articles
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The South Dakota Constitution is the basic governing document that establishes and describes the duties, powers, structure and function of the government of South Dakota.

Features

The South Dakota Constitution consists of a preamble followed by 29 articles.[1]

Preamble

See also: Preambles to state constitutions

The preamble to the South Dakota Constitution states:

We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the state of South Dakota.[1]

Article I: Name and Boundary

Article I of the South Dakota Constitution is entitled "Name and Boundary" and contains two sections.

Article II: Division of The Powers of Government

Article II of the South Dakota Constitution is entitled "Division of The Powers of Government"

Article III: Legislative Department

Article III of the South Dakota Constitution is entitled "Legislative Department" and contains 32 sections.

Article IV: Executive Department

Article IV of the South Dakota Constitution is entitled "Executive Department" and contains 13 sections, of which sections 10-13 have been superseded.

Article V: Judicial Department

Article V of the South Dakota Constitution is entitled "Judicial Department" and contains 39 sections, of which sections 14-39 have been superseded.

Article VI: Bill of Rights

Article VI of the South Dakota Constitution is entitled "Bill of Rights" and contains 27 sections.

Article VII: Elections and Right of Suffrage

Article VII of the South Dakota Constitution is entitled "Elections and Right of Suffrage" and contains ten sections, of which sections four through ten have been superseded.

Article VIII: Education and School Lands

Article VIII of the South Dakota Constitution is entitled "Education and School Lands."

Article IX: Local Government

Article IX of the South Dakota Constitution is entitled "Local Government."

Article X: Municipal Corporations

Article X of the South Dakota Constitution is entitled "Municipal Corporations."

Article XI: Revenue and Finance

Article XI of the South Dakota Constitution is entitled "Revenue and Finance'."

Article XII: Public Accounts and Expenditures

Article XII of the South Dakota Constitution is entitled "Public Accounts and Expenditures."

Article XIII:Public Indebtedness

Article XIII of the South Dakota Constitution is entitled "Public Indebtedness."

Article XIV: State Institutions

Article XIV of the South Dakota Constitution is entitled "State Institutions."

Article XV: Militia

Article XV of the South Dakota Constitution is entitled "Militia."

Article XVI:Impeachment and Removal From office

Article XVI of the South Dakota Constitution is entitled "Impeachment and Removal From office."

Article XVII: Corporations

Article XVII of the South Dakota Constitution is entitled "Corporations."

Article XVIII: Banking and Currency

Article XVIII of the South Dakota Constitution is entitled "Banking and Currency."

Article XIX: Congressional and Legislative Apportionment

Article XIX of the South Dakota Constitution is entitled "Congressional and Legislative Apportionment."

Article XX: Seat of Government

Article XX of the South Dakota Constitution is entitled "Seat of Government."

Article XXI: Miscellaneous

Article XXI of the South Dakota Constitution is entitled "Miscellaneous."

Article XXII: Compact with the United States

Article XXII of the South Dakota Constitution is entitled "Compact with the United States."

Article XXIII: Amendments and Revisions of the Constitution

Article XXIII of the South Dakota Constitution is entitled "Amendments and Revisions of the Constitution."

Article XXIV: Prohibition

Article XXIV of the South Dakota Constitution is entitled "Prohibition."

Article XXV: Minority Representation

Article XXV of the South Dakota Constitution is entitled "Minority Representation."

Article XXVI: Schedule and Ordinance

Article XXVI of the South Dakota Constitution is entitled "Schedule and Ordinance."

Article XXVII: State Control of Manufacture and Sale of Liquor

Article XXVII of the South Dakota Constitution is entitled "State Control of Manufacture and Sale of Liquor."

Article XXVIII: County Investment of Permanent School and Endowment Funds

Article XXVIII of the South Dakota Constitution is entitled "County Investment of Permanent School and Endowment Funds."

Article XXIX: State Elevators, Warehouses, Flouring Mills, and Packing Houses

Article XXIX of the South Dakota Constitution is entitled "State Elevators, Warehouses, Flouring Mills, and Packing Houses."

Amending state constitutions

See also: Article XXIII, South Dakota Constitution and Amending state constitutions

Amendments to the South Dakota Constitution may be proposed in three different ways:

  • Initiated constitutional amendments. South Dakota is one of 18 states were amendments can be proposed through ballot initiative. Amendments proposed by petition must be "signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election."

Whether proposed by initiative or by the state legislature, an amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.[1]

South Dakotans can also change their constitution through a convention, according to Section 2 of Article XXIII. There are two ways a convention can happen:

  • The state legislature can call a convention through a 75% vote "of all the members of each house." (This vote of the state legislature does not need to then go to a vote of the people; they can directly call a convention with 75% of their membership.)
  • Conventions can also be "initiated and submitted to the voters in the same manner as an amendment" by collecting signatures on petitions and putting the question about whether to have a convention to a vote of the state's electors.

History

The territory that would become South Dakota was added to the United States in 1803 as part of the Louisiana Purchase. The first permanent American settlement was established at Fort Pierre by the Lewis and Clark expedition in 1804. White settlement of the territory in the 1800s led to clashes with the Sioux tribe, as some of the land had been granted to the tribe by an earlier treaty. In 1861, President James Buchanan established the Dakota Territory and named Yankton as the capital. Nevertheless, the territory was incorporated into the Union on November 2, 1889, along with North Dakota. Due to a controversy over which state would be admitted to the Union first, President Benjamin Harrison shuffled the bills and signed one at random, with the order going unrecorded, though North Dakota is traditionally listed first.[2][3][4][5]

See also

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External links

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