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North Dakota "Rejection of Unconstitutional Actions" Amendment (2016)

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Rejection of Unconstitutional Actions Amendment
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TypeAmendment
OriginNorth Dakota legislature
TopicFederal constitutional issues
StatusNot on the ballot


Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

Voting on
Federal Constitutional Issues
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Ballot Measures
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Not on ballot


The North Dakota Rejection of Unconstitutional Actions Amendment did not make the November 8, 2016 ballot in North Dakota as a legislatively referred constitutional amendment.

The measure would have provided that the use of state personnel and financial resources are employed only for purposes congruent with the United States Constitution.[1]

In the North Dakota Legislature, the amendment was titled House Concurrent Resolution No. 3022.[2]

Text of measure

Constitutional changes

See also: Article I, North Dakota Constitution

The proposed amendment would have amended Section 23 of Article I of the North Dakota Constitution. The following underlined text would have been added by the measure's approval:[1]

Section 23.

1. The state of North Dakota is an inseparable part of the American union and the Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.

2. To protect the people's freedom and to preserve the checks and balances of the Constitution of the United States, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Constitution of the United States by:

a. Passage of an initiative or referendum pursuant to section 1 of article III;
b. A law enacted by the legislative assembly; or
c. Pursuing any other available legal remedy.

3. If the people or the legislative assembly exercise authority pursuant to this section, this state and all political subdivisions are prohibited from using any personnel or financial resources to enforce, administer, or cooperate with the designated federal action or program.[3]

Path to the ballot

See also: Amending the North Dakota Constitution

A simple majority vote in both chambers of the North Dakota Legislature would have been required to refer this amendment to the ballot. House Concurrent Resolution No. 3022 was introduced into the legislature on January 29, 2015. The bill failed on second reading by a 16-to-30 vote in the Senate on March 26, 2015.[2]

Related measures

See also

External links

Footnotes