Difference between revisions of "North Dakota Constitution"

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Latest revision as of 09:13, 18 June 2014

North Dakota Constitution
Flag of North Dakota.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIII
Schedule
The North Dakota Constitution is the basic governing document of North Dakota. North Dakota gained statehood on November 2, 1889, when President Benjamin Harrison approved the admission of North Dakota to the union.[1]

Features

The North Dakota Constitution consists of a preamble followed by 13 articles and a schedule.

Preamble

See also: Preambles to state constitutions

The preamble of the North Dakota Constitution states:

We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this constitution.[2]

Article I: Declaration of Rights

The constitution begins with Article I establishing the basic rights of North Dakota's citizens. Article I of the North Dakota Constitution is entitled Declaration of Rights and consists of 24 sections.

Article II: Elective Franchise

Article II of the North Dakota Constitution is entitled Elective Franchise and consists of two sections.

Article III: Powers Reserved to the People

Article III of the North Dakota Constitution is entitled Powers Reserved to the People and consists of ten sections.

Article IV: Legislative Branch

Article IV of the North Dakota Constitution is entitled Legislative Branch and consists of 46 sections, 29 of which have been repealed.

Article VI: Judicial Branch

Article VI of the North Dakota Constitution is entitled Judicial Branch and consists of 14 sections.

Article VII: Political Subdivisions

Article VII of the North Dakota Constitution is entitled Political Subdivisions and consists of 11 sections.

Article VIII: Education

Article VIII of the North Dakota Constitution is entitled Education and consists of six sections.

Article IX: Trust Lands

Article IX of the North Dakota Constitution is entitled Trust Lands and consists of 13 sections.

Article X: Finance and Public Debt

Article X of the North Dakota Constitution is entitled Finance and Public Debt and contains 25 sections.

Article XI: General Provisions

Article XI of the North Dakota Constitution is entitled General Provisions and contains 29 sections.

Article XII: Corporations Other than Municipal

Article XII of the North Dakota Constitution is entitled Corporations Other Than Municipal and consists of 17 sections.

Article XIII: Compact with the United States

Article XIII of the North Dakota Constitution is entitled Compact with the United States and consists of four sections.

Schedule

The Transition Schedule of the North Dakota Constitution follows 13 articles and a preamble. It consists of 26 sections, the first 25 of which have been repealed.

Amending the constitution

See also: Amending state constitutions, Article III, North Dakota Constitution and Section 16 of Article IV

There are three paths to amending the North Dakota Constitution: initiated constitutional amendments, legislatively-referred constitutional amendments, and constitutional conventions.

  • Section 1 of Article III explicitly says that the initiative petition process can be used to call a constitutional convention. It is unusual for a constitution to explicitly address this issue. The North Dakota Constitution provides no mechanism under which the state legislature can initiate a call for a convention.
  • Section 16 of Article IV is about legislatively-referred constitutional amendments. It very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution." Unlike any other state constitution, the North Dakota Constitution defines the process of the legislatively-referred constitutional amendment in the article of the state constitution that, overall, has to do with the rights and perogatives of the state's legislative branch. Nearly every other state constitution has a separate article of the constitution just to do with how that constitution can be amended.

History

North Dakota gained statehood on November 2, 1889, when President Benjamin Harrison approved the admission of North Dakota to the union.[1]

See also

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External links

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Additional reading

References