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Difference between revisions of "South Dakota Constitution"

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{{SDConstitution}}{{tnr}}The '''South Dakota Constitution''' is the document that establishes and describes the duties, powers, structure and function of the government of [[South Dakota]].
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{{SDConstitution}}{{tnr}}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]].
  
==Preamble==
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==Features==
 +
The South Dakota Constitution consists of a preamble followed by 29 articles.<ref name="sd"/>
  
 +
==Preamble==
 
:: ''See also: [[Preambles to state constitutions]]''
 
:: ''See also: [[Preambles to state constitutions]]''
  
The preamble to the South Dakota Constitution reads:
+
The preamble to the South Dakota Constitution states:
<blockquote>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 tranquillity, 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.</blockquote>
+
  
'''History:''' Amendment proposed by SL 1975, ch 1, rejected Nov. 2, 1976.
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{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
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|color:#000"|
 +
|-
 +
|
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| <center>''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.''<ref name="sd">[http://legis.sd.gov/Statutes/Constitution/ ''South Dakota State Legislature'', "South Dakota Constitution," accessed March 30, 2014]</ref></center>
 +
|}
  
==Articles==
+
==[[Article I, South Dakota Constitution|Article I: Name and Boundary]]==
 +
Article I of the South Dakota Constitution is entitled "Name and Boundary" and contains two sections.
  
===Article I===
+
==[[Article II, South Dakota Constitution|Article II: Division of The Powers of Government]]==
:: ''Main article: [[Article I, South Dakota Constitution]]
+
Article II of the South Dakota Constitution is entitled "Division of The Powers of Government" 
Article I is titled '''"Name and Boundary"'''. It contains two sections:
+
* '''Section 1:''' Name of state.
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* '''Section 2:''' Boundaries of state.
+
  
===Article II===
+
==[[Article III, South Dakota Constitution|Article III: Legislative Department]]==
:: ''Main article: [[Article II, South Dakota Constitution]]
+
Article III of the South Dakota Constitution is entitled "Legislative Department" and contains 32 sections.  
Article II is titled '''"Division of The Powers of Government"'''. It reads:
+
  
<blockquote>The powers of the government of the state are divided into three distinct departments, the legislative, executive and judicial; and the powers and duties of each are prescribed by this Constitution.</blockquote><ref>[http://vlex.com/vid/division-of-the-powers-government-312792 SD Article II]</ref>
+
==[[Article IV, South Dakota Constitution|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 III===
+
==[[Article V, South Dakota Constitution|Article V: Judicial Department]]==
:: ''Main article: [[Article III, South Dakota Constitution]]''
+
Article V of the South Dakota Constitution is entitled "Judicial Department" and contains 39 sections, of which sections 14-39 have been superseded.
Article III is titled '''"Legislative Department"'''. It contains 32 sections. The first section declares "The legislative power of the state shall be vested in a Legislature which shall consist of a senate and house of representatives. However, the people expressly reserve to themselves the right to propose measures."<ref>[http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=0N-3-1 SD Constitution, Article 3, Section 1]</ref>
+
  
===Article IV===
+
==[[Article VI, South Dakota Constitution|Article VI: Bill of Rights]]==
:: ''Main article: [[Article IV, South Dakota Constitution]]''
+
Article VI of the South Dakota Constitution is entitled "Bill of Rights" and contains 27 sections.
Article IV is titled '''"Executive Department"'''. It contains 13 sections, but sections 10-13 have been superseded.  
+
  
===Article V===
+
==[[Article VII, South Dakota Constitution|Article VII: Elections and Right of Suffrage]]==
:: ''Main article: [[Article V, South Dakota Constitution]]''
+
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 V is titled '''"Judicial Department"'''. It contains 39 sections, but 14-39 have been superseded.
+
  
===Article VI===
+
==[[Article VIII, South Dakota Constitution|Article VIII: Education and School Lands]]==
:: ''Main article: [[Article VI, South Dakota Constitution]]''
+
Article VIII of the South Dakota Constitution is entitled "Education and School Lands."
Article VI is titled '''"Bill of Rights"'''. It contains 27 sections.
+
  
===Article VII===
+
==[[Article IX, South Dakota Constitution|Article IX: Local Government]]==
:: ''Main article: [[Article VII, South Dakota Constitution]]''
+
Article IX of the South Dakota Constitution is entitled "Local Government."
Article VII is titled '''"Elections and Right of Suffrage"'''. It contains ten sections, but four through ten have been superseded.
+
  
===Article VIII===
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==[[Article X, South Dakota Constitution|Article X: Municipal Corporations]]==
:: ''Main article: [[Article VIII, South Dakota Constitution]]
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Article X of the South Dakota Constitution is entitled "Municipal Corporations."
Article VIII is titled '''Education and School Lands'''.
+
  
===Article IX===
+
==[[Article XI, South Dakota Constitution|Article XI: Revenue and Finance]]==
:: ''Main article: [[Article IX, South Dakota Constitution]]
+
Article XI of the South Dakota Constitution is entitled "Revenue and Finance'."
Article IX is titled '''Local Government'''.
+
  
===Article X===
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==[[Article XII, South Dakota Constitution|Article XII: Public Accounts and Expenditures]]==
:: ''Main article: [[Article X, South Dakota Constitution]]
+
Article XII of the South Dakota Constitution is entitled "Public Accounts and Expenditures."
Article X is titled '''Municipal Corporations'''.
+
  
===Article XI===
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==[[Article XIII, South Dakota Constitution|Article XIII:Public Indebtedness]]==
:: ''Main article: [[Article XI, South Dakota Constitution]]
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Article XIII of the South Dakota Constitution is entitled "Public Indebtedness."
Article XI is titled '''Revenue and Finance'''.
+
  
===Article XII===
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==[[Article XIV, South Dakota Constitution|Article XIV: State Institutions]]==
:: ''Main article: [[Article XII, South Dakota Constitution]]
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Article XIV of the South Dakota Constitution is entitled "State Institutions."
Article XII is titled '''Public Accounts and Expenditures'''.
+
  
===Article XIII===
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==[[Article XV, South Dakota Constitution|Article XV: Militia]]==
:: ''Main article: [[Article XIII, South Dakota Constitution]]
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Article XV of the South Dakota Constitution is entitled "Militia."
Article XIII is titled '''Public Indebtedness'''.
+
  
===Article XIV===
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==[[Article XVI, South Dakota Constitution|Article XVI:Impeachment and Removal From office]]==
:: ''Main article: [[Article XIV, South Dakota Constitution]]
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Article XVI of the South Dakota Constitution is entitled "Impeachment and Removal From office."
Article XIV is titled '''State Institutions'''.
+
  
===Article XV===
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==[[Article XVII, South Dakota Constitution|Article XVII: Corporations]]==
:: ''Main article: [[Article XV, South Dakota Constitution]]
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Article XVII of the South Dakota Constitution is entitled "Corporations."
Article XV is titled '''Militia'''.
+
  
===Article XVI===
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==[[Article XVIII, South Dakota Constitution|Article XVIII: Banking and Currency]]==
:: ''Main article: [[Article XVI, South Dakota Constitution]]
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Article XVIII of the South Dakota Constitution is entitled "Banking and Currency."
Article XVI is titled '''Impeachment and Removal From office'''.
+
  
===Article XVII===
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==[[Article XIX, South Dakota Constitution|Article XIX: Congressional and Legislative Apportionment]]==
:: ''Main article: [[Article XVII, South Dakota Constitution]]
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Article XIX of the South Dakota Constitution is entitled "Congressional and Legislative Apportionment."
Article XVII is titled '''Corporations'''.
+
  
===Article XVIII===
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==[[Article XX, South Dakota Constitution|Article XX: Seat of Government]]==
:: ''Main article: [[Article XVIII, South Dakota Constitution]]
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Article XX of the South Dakota Constitution is entitled "Seat of Government."
Article XVIII is titled '''Banking and Currency'''.
+
  
===Article XIX===
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==[[Article XXI, South Dakota Constitution|Article XXI: Miscellaneous]]==
:: ''Main article: [[Article XIX, South Dakota Constitution]]
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Article XXI of the South Dakota Constitution is entitled "Miscellaneous."
Article XIX is titled '''Congressional and Legislative Apportionment'''.
+
  
===Article XX===
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==[[Article XXII, South Dakota Constitution|Article XXII: Compact with the United States]]==
:: ''Main article: [[Article XX, South Dakota Constitution]]
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Article XXII of the South Dakota Constitution is entitled "Compact with the United States."
Article XX is titled '''Seat of Government'''.
+
  
===Article XXI===
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==[[Article XXIII, South Dakota Constitution|Article XXIII: Amendments and Revisions of the Constitution]]==
:: ''Main article: [[Article XXI, South Dakota Constitution]]
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Article XXIII of the South Dakota Constitution is entitled "Amendments and Revisions of the Constitution."
Article XXI is titled '''Miscellaneous'''.
+
  
===Article XXII===
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==[[Article XXIV, South Dakota Constitution|Article XXIV: Prohibition]]==
:: ''Main article: [[Article XXII, South Dakota Constitution]]
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Article XXIV of the South Dakota Constitution is entitled "Prohibition."
Article XXII is titled '''Compact with the United States'''.
+
  
===Article XXIII===
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==[[Article XXV, South Dakota Constitution|Article XXV: Minority Representation]]==
:: ''Main article: [[Article XXIII, South Dakota Constitution]]
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Article XXV of the South Dakota Constitution is entitled "Minority Representation."
Article XXIII is titled '''Amendments and Revisions of the Constitution'''.
+
  
===Article XXIV===
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==[[Article XXVI, South Dakota Constitution|Article XXVI: Schedule and Ordinance]]==
:: ''Main article: [[Article XXIV, South Dakota Constitution]]
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Article XXVI of the South Dakota Constitution is entitled "Schedule and Ordinance."
Article XXIV is titled '''Prohibition'''.
+
  
===Article XXV===
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==[[Article XXVII, South Dakota Constitution|Article XXVII: State Control of Manufacture and Sale of Liquor]]==
:: ''Main article: [[Article XXV, South Dakota Constitution]]
+
Article XXVII of the South Dakota Constitution is entitled "State Control of Manufacture and Sale of Liquor."
Article XXV is titled '''Minority Representation'''.
+
  
===Article XXVI===
+
==[[Article XXVIII, South Dakota Constitution|Article XXVIII: County Investment of Permanent School and Endowment Funds]]==
:: ''Main article: [[Article XXVI, South Dakota Constitution]]
+
Article XXVIII of the South Dakota Constitution is entitled "County Investment of Permanent School and Endowment Funds."
Article XXVI is titled '''Schedule and Ordinance'''.
+
  
===Article XXVII===
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==[[Article XXIX, South Dakota Constitution|Article XXIX: State Elevators, Warehouses, Flouring Mills, and Packing Houses]]==
:: ''Main article: [[Article XXVII, South Dakota Constitution]]
+
Article XXIX of the South Dakota Constitution is entitled "State Elevators, Warehouses, Flouring Mills, and Packing Houses."
Article XXVII is titled '''State Control of Manufacture and Sale of Liquor'''.
+
 
+
===Article XXVIII===
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:: ''Main article: [[Article XXVIII, South Dakota Constitution]]
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Article XXVIII is titled '''County Investment of Permanent School and Endowment Funds'''.
+
 
+
===Article XXIX===
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:: ''Main article: [[Article XXIX, South Dakota Constitution]]
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Article XXIX is titled '''State Elevators, Warehouses, Flouring Mills, and Packing Houses'''.
+
  
 
==Amending state constitutions==
 
==Amending state constitutions==
 
+
:: ''See also: [[Article XXIII, South Dakota Constitution]] and [[Amending state constitutions]]''
:: ''Main article: [[Article XXIII, South Dakota Constitution]] and [[Amending state constitutions]]''
+
  
 
Amendments to the [[South Dakota Constitution]] may be proposed in three different ways:
 
Amendments to the [[South Dakota Constitution]] may be proposed in three different ways:
Line 148: Line 118:
 
* 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.)
 
* 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.
 
* 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 County, South Dakota|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.<ref>[http://www.history.com/topics/us-states/south-dakota ''History.com'', "South Dakota," accessed March 30, 2014]</ref><ref>[http://www.theus50.com/southdakota/history.php ''The US 50.com'', "State of South Dakota: History," accessed March 30, 2014]</ref><ref>[https://www.travelsd.com/About-SD/Our-History/South-Dakota-Timeline ''Travel South Dakota.com'', "Our History: South Dakota Timeline," accessed March 30, 2014]</ref><ref>[http://memory.loc.gov/ammem/award97/ndfahtml/ngp_nd_terr.html ''American Memory from the Library of Congress'', " Northern Great Plains, 1880-1920: Dakota Territory and Statehood," accessed March 30, 2014]</ref>
 +
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
+
{{submit a link}}
* [http://legis.state.sd.us/statutes/Constitution.aspx Text of South Dakota Constitution]
+
* [http://legis.sd.gov/Statutes/Constitution/ ''South Dakota State Legislature'', "South Dakota Constitution"]
 +
* [http://www.history.com/topics/us-states/south-dakota ''History.com'', "South Dakota"]
 +
* [https://history.sd.gov/ ''South Dakota Historical Society'']
 +
 
 +
==Additional reading==
 +
* [http://www.walmart.com/ip/33649239?wmlspartner=wlpa&adid=22222222227022225861&wl0=&wl1=g&wl2=c&wl3=34298797861&wl4=&wl5=pla&wl6=62551101301&veh=sem Garry, Patrick M. (2014). ''The South Dakota State Constitution'', New York, New York: Oxford University Press]
  
 
==References==
 
==References==
 
{{reflist}}
 
{{reflist}}
 +
 
{{South Dakota Constitution}}
 
{{South Dakota Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{South Dakota}}
 
{{South Dakota}}

Revision as of 12:35, 5 April 2014

South Dakota Constitution
Seal of South Dakota.jpg
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIVXXVXXVIXXVIIXXVIIIXXIX
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.[2]

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.[3][4][5][6]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References