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North Dakota Constitution
| North Dakota Constitution |
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| Preamble |
| Articles |
| Schedule |
The North Dakota Constitution is the fundamental governing document of the state of North Dakota.[1]
Features
The North Dakota Constitution consists of a preamble followed by 13 articles and a schedule.
Background
- The current (and first) North Dakota Constitution was adopted in 1889.[2]
- The current constitution has been amended 166 times.[2]
- The most recent amendments to the North Dakota Constitution, of which there were two, were approved by voters in November 2018.
- North Dakota has a process for initiated constitutional amendments, which means constitutional amendments can go on the ballot through citizen initiatives, legislatively referred constitutional amendments, or constitutional conventions.
Preamble
The preamble of the North Dakota Constitution states:
Article I: Declaration of Rights
- See also: Article I, North Dakota Constitution
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 25 sections.
Click here to read this article of the North Dakota Constitution.
Article II: Elective Franchise
- See also: Article II, North Dakota Constitution
Article II of the North Dakota Constitution is entitled "Elective Franchise" and consists of three sections.
Click here to read this article of the North Dakota Constitution.
Article III: Powers Reserved to the People
- See also: Article III, North Dakota Constitution
Article III of the North Dakota Constitution is entitled "Powers Reserved to the People" and consists of ten sections.
Click here to read this article of the North Dakota Constitution.
Article IV: Legislative Branch
- See also: Article IV, North Dakota Constitution
Article IV of the North Dakota Constitution is entitled "Legislative Branch" and consists of 46 sections, 29 of which have been repealed.
Click here to read this article of the North Dakota Constitution.
Article V: Executive Branch
- See also: Article V, North Dakota Constitution
Article V of the North Dakota Constitution is entitled "Executive Branch" and consists of 12 sections.
Click here to read this article of the North Dakota Constitution.
Article VI: Judicial Branch
- See also: Article VI, North Dakota Constitution
Article VI of the North Dakota Constitution is entitled "Judicial Branch" and consists of 13 sections.
Click here to read this article of the North Dakota Constitution.
Article VII: Political Subdivisions
- See also: Article VII, North Dakota Constitution
Article VII of the North Dakota Constitution is entitled "Political Subdivisions" and consists of 11 sections.
Click here to read this article of the North Dakota Constitution.
Article VIII: Education
- See also: Article VIII, North Dakota Constitution
Article VIII of the North Dakota Constitution is entitled "Education" and consists of six sections.
Click here to read this article of the North Dakota Constitution.
Article IX: Trust Lands
- See also: Article IX, North Dakota Constitution
Article IX of the North Dakota Constitution is entitled "Trust Lands" and consists of 13 sections.
Click here to read this article of the North Dakota Constitution.
Article X: Finance and Public Debt
- See also: Article X, North Dakota Constitution
Article X of the North Dakota Constitution is entitled "Finance and Public Debt" and contains 27 sections, one of which has been repealed.
Click here to read this article of the North Dakota Constitution.
Article XI: General Provisions
- See also: Article XI, North Dakota Constitution
Article XI of the North Dakota Constitution is entitled "General Provisions" and contains 29 sections.
Click here to read this article of the North Dakota Constitution.
Article XII: Corporations Other than Municipal
- See also: Article XII, North Dakota Constitution
Article XII of the North Dakota Constitution is entitled "Corporations Other Than Municipal" and consists of 17 sections, eleven of which have been repealed.
Click here to read this article of the North Dakota Constitution.
Article XIII: Compact with the United States
- See also: Article XIII, North Dakota Constitution
Article XIII of the North Dakota Constitution is entitled "Compact with the United States" and consists of four sections.
Click here to read this article of the North Dakota Constitution.
Article XIV: Ethics Commission
- See also: Article XIV, North Dakota Constitution
Article XIV of the North Dakota Constitution is entitled "Ethics Commission" and consists of four sections. It addresses issues related to ethics in state government. Measure 1 of 2018 added Article XIV to the North Dakota Constitution.
Click here to read this article of the North Dakota Constitution.
Schedule
- See also: Schedule, North Dakota Constitution
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.
Click here to read the schedule of the North Dakota Constitution.
Amending the constitution
| North Dakota Constitution |
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| Preamble |
| Articles |
| Schedule |
There are three paths to amending the North Dakota Constitution: initiated constitutional amendments, legislatively referred constitutional amendments, and constitutional conventions.
- Sections 1-9 of Article III are about how an initiated constitutional amendment can alter the state's constitution.
- These sections define how many signatures are required, who is legally allowed to circulate initiative petitions, and other features of the laws governing the initiative process in North Dakota. For details see this page.
- 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 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 prerogatives of the state's legislative branch. Nearly every other state constitution has a separate article of the constitution specifically dedicated to how the state's 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
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- North Dakota Legislature, "North Dakota Constitution"
- State Historical Society of North Dakota, "History of North Dakota"
Footnotes
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State of North Dakota Bismarck (capital) |
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