South Dakota Constitution

Total Page:16

File Type:pdf, Size:1020Kb

South Dakota Constitution South Dakota Constitution 1 Steve Barnett Secretary of State January 2019 1 Foreword I am pleased to be able to present this copy of the State Constitution to the people of South Dakota. Since becoming the 40th state to enter statehood, South Dakota has risen to be one the freest and most vibrant in the union. Within these pages of our State Constitution is the foundation of South Dakota's unique heritage and understanding of life as experienced on the prairie, in the rugged west and in city life. Our laws continue to reflect the diversity of culture and people who live here and have made South Dakota their home. Since the Constitution was created in 1889, South Dakotans have carved their impression in our state with adventurous spirits, rugged individualism and the chance to improve upon an already blessed region. South Dakota has been fortunate to have an educated and engaged citizenry who have worked to actively ensure our laws will protect your rights and freedoms as citizens of South Dakota. S Secretary of State 2 Foreword ............................................................................................................. 2 Article I .............................................................................................................. 10 Article III ........................................................................................................... 11 Article IV ........................................................................................................... 19 Article V ............................................................................................................. 23 Article VI ........................................................................................................... 26 Article VII ......................................................................................................... 32 Article VIII ........................................................................................................ 33 Article IX ........................................................................................................... 38 Article X ............................................................................................................. 39 Article XI ........................................................................................................... 39 Article XII ......................................................................................................... 42 Article XIII ........................................................................................................ 44 Article XIV ........................................................................................................ 53 Article XV .......................................................................................................... 54 Article XVI ........................................................................................................ 55 Article XVII ....................................................................................................... 56 Article XVIII ..................................................................................................... 63 Article XIX ........................................................................................................ 64 Article XX .......................................................................................................... 65 Article XXI ........................................................................................................ 66 Article XXII ....................................................................................................... 68 Article XXIII ..................................................................................................... 69 Article XXIV ...................................................................................................... 70 Article XXVII .................................................................................................... 82 Article XXVIII ................................................................................................... 82 Article XXIX ...................................................................................................... 82 Index to South Dakota Constitution ................................................................. 83 A Actions .............................................................................................................. 83 Administrative Rules ....................................................................................... 83 Alcoholic Beverages ......................................................................................... 83 Appropriations ................................................................................................. 83 Arms .................................................................................................................. 83 Arrest ................................................................................................................ 83 Assembly ........................................................................................................... 83 Attorney General ............................................................................................. 83 Attorneys .......................................................................................................... 83 Auditor .............................................................................................................. 83 3 B Bail .................................................................................................................... 83 Banks and Banking .......................................................................................... 83 Bill of Rights ..................................................................................................... 84 Board of Regents .............................................................................................. 85 Bribery .............................................................................................................. 85 Business Enterprise .......................................................................................... 85 C Cement Plant .................................................................................................... 85 Change of Name ............................................................................................... 85 Circuit Courts .................................................................................................. 85 Clerks of Court ................................................................................................. 85 Congressmen .................................................................................................... 86 Constitution ...................................................................................................... 86 Corporations..................................................................................................... 86 Counsel .............................................................................................................. 86 Counties ............................................................................................................ 86 County Seats ..................................................................................................... 87 Courts and Judiciary ....................................................................................... 87 Crimes and Offenses ........................................................................................ 87 Criminal Prosecutions ..................................................................................... 87 D Divorce .............................................................................................................. 87 Double Jeopardy .............................................................................................. 87 Drainage ............................................................................................................ 87 Due Process ....................................................................................................... 87 E Elections ............................................................................................................ 87 Electricity .......................................................................................................... 88 Elevators ........................................................................................................... 88 Eminent Domain .............................................................................................. 88 Executive and Administrative Departments .................................................. 88 Exemptions From Process ............................................................................... 88 F Ferries ............................................................................................................... 88 Fines, Penalties and Forfeitures ...................................................................... 88 Flour Mills ........................................................................................................ 88 Franchises ......................................................................................................... 88 Freedom of Press .............................................................................................. 88 Freedom of Speech ..........................................................................................
Recommended publications
  • Should Judges Be Elected Or Appointed?
    Should judges be elected or appointed? Election provides too much opportunity for influence and conflicts of interest. Actually I approved the Missouri system where out state judges are elected Appointments are political anyways. I have been appointed to one seat and elected to another seat. Elections, even though highly charged politically, are less political than an appointment. with an appointment, there are "behind the scenes" influences. Elections are largely in the open and not subject to deal making. Judges should be independent and should not have to run for election. We have a code of ethics and are limited by what we can and can't say. We can't make promises and can't prejudge a case, often what those seeking political office do. Additionally, who are we most likely to raise money from? The lawyers who appear before us. Not a good practice. Running for election takes time away from doing what we are being paid to do - be fair and impartial judges, rule on cases in a timely manner, and not be swayed by public opinion - in essence be an independent judiciary. Alaska uses a screening system to evaluate candidates with direct participation from legal communities and a council that forwards a slate of the best candidates to the appointing authority from which to choose. The system reduces the level of politicization. We have been well-served by this system. Let the people of municipalities decide I believe in the power of democracy and the ability to vote. Appointment is like an anointment and not good for society.
    [Show full text]
  • 2016 Judicial Performance Review
    2016 Judicial Performance Review Prepared by The Iowa State Bar Association Table of Contents Judicial Performance Review Information....................................................................................................3 Judicial Performance Review Q&A...............................................................................................................4 Judicial Biographies.....................................................................................................................................6 Judicial Performance Review Results Iowa Supreme Court..................................................................................................................................22 Iowa Court of Appeals...............................................................................................................................23 District 1A.................................................................................................................................................24 Allamakee, Clayton, Delaware, Dubuque, Winneshiek Counties District 1B.................................................................................................................................................25 Black Hawk, Buchanan, Chickasaw, Fayette, Grundy, Howard Counties District 2A.................................................................................................................................................26 Bremer, Butler, Cerro Gordo, Floyd, Franklin, Hancock, Mitchell, Winnebago, Worth Counties
    [Show full text]
  • Missouri Non-Partisan Court Plan: a Dinosaur on the Edge of Extinction Or a Survivor in a Changing Socio-Legal Environment, The
    Missouri Law Review Volume 62 Issue 2 Spring 1997 Article 3 Spring 1997 Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment, The Jay A. Daugherty Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Jay A. Daugherty, Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment, The, 62 MO. L. REV. (1997) Available at: https://scholarship.law.missouri.edu/mlr/vol62/iss2/3 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Daugherty: Daugherty: Missouri Non-Partisan Court Plan: The Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment? The HonorableJay A. Daugherty* I. INTRODUCTION Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary.' This distrust and unfavorable perception result in declining retention percentages for judges and 2 challenges to the merit selection system by minorities and legislatures. Although the authority of the courts is grounded in the law, that authority ultimately depends on the public's knowledge and trust in the courts. If public knowledge and trust in the courts has eroded, the result may be new and varied challenges against non-partisan or merit selection plans, with outcries from the legislatures and minorities to repudiate such plans and return the judiciary to partisan politics.
    [Show full text]
  • Judicial Selection in the State of Missouri: Continuing Controversies
    Number 2 (Summer/Fall 2014) | Missouri Policy Journal | 7 Judicial Selection in the State of Missouri: Continuing Controversies pivotal national reform movement in judicial selection, Rebekkah Stuteville which still has a pervasive influence on the selection Park University methods used by states today. In 1820, Missouri’s first constitution was adopted and Introduction it called for the governor to appoint judges with the advice and consent of the Senate.2 The state’s Since its admission to the union in 1821, Missouri has approach to selecting judges through appointment was been a microcosm of the national developments and congruent with the methods used by many other states debates that surround the issue of judicial selection. in the post-Revolutionary period.3 It also followed the Missouri was the first state to use all three of the most model of judicial appointment outlined in the U.S. common methods of judicial selection—political Constitution which grants power to the executive to appointments, contested elections, and merit appoint Supreme Court justices with the advice and selection.1 Because of the state’s experience, the consent of the Senate. history of judicial selection and the controversies surrounding judicial selection in Missouri provide Shortly after Missouri began implementing its initial insight into broader national trends. This article system of judicial selection, the practice of judicial explores the history of judicial selection and the appointments fell into disfavor. President Andrew controversies over the various selection methods in the Jackson “swept into office in 1828 on a tide of public state of Missouri, with an emphasis on the debate that support,”4 and Jacksonian Democracy took hold has taken place in the state over the past decade.
    [Show full text]
  • Undergraduate Commencement Program 2019
    SOUTH DAKOTA STATE UNIVERSITY One Hundred Thirty-Third UNDERGRADUATE COMMENCEMENT Saturday, May 4, 2019 Frost Arena Stanley J. Marshall Center Brookings, South Dakota The Ceremonial Mace The Ceremonial Mace is traditionally carried by a university marshal at all formal academic occasions. The staff, which stands 36 inches high from top to bottom, is made of walnut with a mahogany finish. It is trimmed in 14k plated gold. At the top of the Mace is the great seal of South Dakota State University. The engraved inscription reads “South Dakota State University founded 1881.” The Mace was presented to the University as a gift from the SDSU Alumni Association and was used for the first time at President Peggy Gordon Miller’s inauguration, Sept. 19, 1998. The Ceremonial Mace has an ancient history as a symbol of authority. In medieval times it was a studded, clublike weapon, made of iron and capable of breaking armor. It became associated with the protection of the king in France and England and was carried by the king’s sergeant-at-arms. In the 13th century, it was used for civil purposes and figured in the processions of city mayors and other dignitaries. Eventually, the Mace became a symbol also for academic institutions, an emblem of order and authority in the pageantry of ceremonial occasions. The University Presidential Medallion The University Presidential Medallion, a traditional symbol of authority of the Office of the President, is a 14k gold replica of the University Seal, is 3 inches in diameter and is cast as a single piece. The reverse side of the Medallion is engraved with the names the University has formally held since its inception: Dakota Agricultural College, 1884-1889; South Dakota Agricultural College, 1890-1907; South Dakota State College of Agricultural and Mechanic Arts, 1907-June 30, 1964; and South Dakota State University, July 1, 1964-Present.
    [Show full text]
  • The Debate Over the Selection and Retention of Judges: How Judges Can Ride the Wave
    AN AMERICAN JUDGES ASSOCIATION WHITE PAPER The Debate over the Selection and Retention of Judges: How Judges Can Ride the Wave Mary A. Celeste here is a surge in the debate in the U.S. over the methods involve four different selection methods: lifetime appoint- of judicial selection and retention, with some rallying for ment, partisan election, nonpartisan election, and merit selec- Tmerit-selection plans, others continuing to support judi- tion and retention. These movements have been in a constant cial elections, and virtually no one proposing lifetime appoint- state of flux, with many states using constitutional amend- ments. The impetus for this surge may be related to three ments, legislative acts, ballot initiatives, and executive orders recent U.S. Supreme Court cases, Republican Party of Minnesota to both move in and out of the methods, and to make modifi- v. White,1 Citizens United v. Federal Election Commission,2 and cations short of complete overhauls. For example, 9 of 16 Caperton v. A.T. Massey Coal Co.,3 and to the exploding amount states that initially only used the appointment method of campaign funds raised in judicial elections. These factors switched to judicial elections for some level of their judiciary,5 seem to have once again brought to the forefront the judicial 14 states changed from partisan to nonpartisan elections,6 and election method and consequently revitalized the merit 15 states have changed from partisan or nonpartisan elections method, which had been dormant for three decades. Whether to some form of the merit method.7 When all is said and done, this boost in the debate is tantamount to a new movement, a over the last 234 years, this activity has resulted in 39 states continuation of an old movement, a blip on the radar screen, a deviating substantially from their initial selection method.
    [Show full text]
  • The California Supreme Court and the Popular Will
    37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 Do Not Delete 2/14/2016 10:50 AM The California Supreme Court and the Popular Will Kenneth P. Miller* INTRODUCTION Over the past half century, California has been a battleground for conflicts over the nature, scope, and limits of rights. While Americans have always clashed over rights, the modern rights revolution has expanded the conflict throughout the country, and nowhere more than in California. These struggles have been hard fought, because rights have power. Once an interest is converted into a right, it can trump competing interests that lack the status of right. The ability to recognize, create, or limit rights is consequential, indeed.1 California’s prominence in these conflicts can be traced to several factors. First, the state has deep ideological divides. California is home to progressive social movements that have sought to establish new rights in areas including abortion, capital punishment, criminal procedure, school funding, gay rights, aid-in-dying, and more—and home, as well, to highly motivated conservative groups that have resisted many of these changes. Second, California exists within a federal system that allows states to innovate in the area of rights. State constitutional rights operate semi-independently of the U.S. Constitution—that is, states may define state constitutional 37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 rights more expansively than the Federal Constitution requires. An assertive state supreme court, through state constitutional interpretation, can establish new rights. The California Supreme Court, more than any other state court, has expanded state constitutional rights beyond federal minimums.2 Third, citizens of California have extraordinary power to counter their state supreme court, through state constitutional amendment or * Associate Professor of Government, Claremont McKenna College.
    [Show full text]
  • Susan Olafsen Lackey
    SUSAN OLAFSEN LACKEY EDUCATION OKLAHOMA STATE UNIVERSITY, Stillwater, Oklahoma: Practical Approaches to Groundwater Hydrology and Contamination, Summer 1990, 9 graduate credit hours, GPA 3.66 SOUTH DAKOTA SCHOOL OF MINES AND TECHNOLOGY, Rapid City, South Dakota: B.S. Geological Engineering, May 1982, GPA 3.02 Graduate level courses: Remote Sensing, Groundwater, Well Logging EARTHWATCH, Peru: Huari and Chanca Expedition, July 1981 OPENDOOR, Exchange Student: Lima, Peru, Summer 1976 PROFESSIONAL HISTORY 1991 - Present HYDROGEOLOGIST; UN-L, Conservation and Survey Division, Norfolk, Nebraska 1987 - 1991 PROJECT MANAGER/SCIENTIST; BCI Geonetics, Inc., Laconia, New Hampshire 1984 - 1987 CONSTRUCTION ENGINEER; Department of Transportation, Custer, South Dakota 1982 - 1983 RADIATION TESTER; Batelle Northwest Laboratory, Edgemont, South Dakota Summer 1982 TEACHING ASSISTANT; Black Hills Field Station, Rapid City, South Dakota GRANTS Papio-Missouri River NRD: Drilling Program: $70,500, 2017-2020 Co-PI Lewis & Clark NRD Monitoring Well Network: $283,900, 2013-2018, PI Lower Platte North NRD: Test Holes and Monitoring Wells: $181,300, 2016-2020, Co-PI Lower Elkhorn Hydrogeologic Studies: LE NRD, $539,100, 1999-2018, PI Upper Elkhorn Hydrogeologic Studies: UE NRD, $203,350, 1999-2018, PI ORGANIZATIONAL CITIZENSHIP National: National Groundwater Association, member 1988-Present State: Nebraska Water Well Standards and Contractors’ Licensing Board, 2011-Present Nebraska Annular Seal Task Force, 2012-Present, Chair Nebraska Grout Task Force, 2001-2013 Nebraska Licensed Professional Geologist, #0176, 1999- Present Nebraska Well Drillers Association, Chapter 12 Technical Subcommittee, appointee 1998-present Nebraska Drilling/Pump Installation Contractors License, 1997-Present, #39390 SELECTED PUBLICATIONS Divine, D., Joeckel, R.M., Olafsen Lackey, S., 2017. Aquifers of Nebraska II: The Niobrara Aquifer.
    [Show full text]
  • South Dakota Wing Electronic Newsletter for February 2014 “THE
    “THE SKYCHASER” South Dakota Wing Electronic Newsletter for February 2014 Official Auxiliary of the U.S. Air Force - Citizens Serving Communities: Above and Beyond Publishers: Wing Commander Colonel John Seten / Wing Vice Commander Lieutenant Colonel Richard Larson Editor: Major Bruce Kipp Wing Public Affairs Officer (605) 261-4507 [email protected] WING TIPS HOT NEWS: GOV. PROCLAIMS 20 FEBRUARY CIVIL AIR PATROL DAY IN SOUTH DAKOTA. Governor Dennis Daaugard issued a proclamation that designated 20 February as Civil Air Patrol Day in South Dakota. The proclamation commends SDWG for its multitude of missions and service to local communities, counties and the state. A copy of the proclamation is attached at the end of this newsletter. GOV. DAUGAARD POSES WITH THE SDWG CONTINGENT AT THE STATE CAPITOL ON CIVIL AIR PATROL DAY Photo by Lieutenant Vincent Brown, Sioux Falls Composite Squadron 1 HOT NEWS: WING LEGISLATIVE DAY AT STATE CAPITOL: On Thursday, 20 February members of the Wing from across the state converged on the state Capitol in Pierre to meet with legislators to thank them for their support. Over 40 members representing all six squadrons made the trip. Col. Seten commented, “The purpose is to tell state policymakers the story of Civil Air Patrol in South Dakota, of the many volunteer hours spent on air and ground missions for local, county, tribal, state and federal government, law enforcement agencies and first responder organizations. We also want them to know of our cadet program that prepares young people not just for careers in the military, but to be good citizens.” He also said it is important that the public understands in a time of limited budgets, SDWG helps stretch the resources of the state and saves money by using well-trained, professional volunteers, volunteers who are held to the same level of performance and knowledge as their paid colleagues.
    [Show full text]
  • USGS Topographic Maps Illustrating Physiographic Features
    USGS Topographic Maps Illustrating Physiographic Features USGS Topographic Maps Illustrating Physiographic Features USGS topographic maps are effective tools to illustrate a wide variety of physiographic features. Use this index to select the names and locations of topographic maps that illustrate the particular physical feature of interest, such as those resulting from glaciation, karst, tectonics, or volcanism. The index is also organized by state. By clicking on a particular state on the map above, the list of topographic maps illustrating particular features in that state are listed. This set of maps generally follows the USGS Physical Divisions Map of the United States, and illustrates most of its 86 sections. The USGS publishes approximately 57,000 different topographic maps covering the USA. Topographic maps include contour lines indicating landforms and elevations, hydrography (rivers, lakes, marshes, transportation (roads, trails, railroads, airports), vegetation, boundaries, survey markers, urban areas, buildings, and a variety of other features. These http://rockyweb.cr.usgs.gov/outreach/featureindex.html (1 of 94)6/9/2006 10:29:24 AM USGS Topographic Maps Illustrating Physiographic Features maps are drawn according to the National Map Accuracy Standard and are most commonly published at 1:24,000, 1:100,000, 1:250,000, and 1:500,000-scale, although many other scales exist as well. This selection of maps illustrating physiographic features highlights 1:24,000- scale maps unless otherwise indicated. Topographic maps represent
    [Show full text]
  • Chronology of Merit Selection Ballot Measures
    Chronology of Successful and Unsuccessful Merit Selection Ballot Measures (NOTE: Unsuccessful efforts are in italics. Chronology does not include constitutional amendments authorizing merit selection for filling only interim vacancies, and only statewide efforts are included.) 1940 (Missouri) The Nonpartisan Selection of Judges Court Plan was approved by the voters. The measure had been placed on the ballot through an initiative petition. The plan called for judges of the supreme court, courts of appeals, and circuit and probate courts in the city of St. Louis and in Jackson County (Kansas City) to be nominated by the governor from a list of three persons submitted by a judicial nominating commission. Judges would stand for retention in the first general election after twelve months in office. 1958 (Kansas) Constitutional amendment provides for merit selection of supreme court justices. Candidates are initially screened by the supreme court nominating commission, which recommends three candidates to the governor. Justices stand for retention every six years. 1959 (Alaska) Merit selection was provided for in the original constitution. 1962 (Iowa) Merit plan established for selection of all judges. 1962 (Nebraska) Merit selection is adopted by constitutional amendment for judges of the supreme court and district court. Judges stand for retention in the next general election held more than three years after their appointment and every six years thereafter. 1966 (Colorado) Voters approved a constitutional amendment adopting merit selection of Colorado judges. Judges are appointed by the governor from a list of nominees submitted by a judicial nominating commission, and they stand for retention at the next general election after two years in office.
    [Show full text]
  • Senate. 12141
    1922. CONGRESSIONAL RECORD- SENATE. 12141 1Ir. COOPER of Wi cousin. Mr. Speaker, I a k unanimous States, and for other purposes ; to the Committee on Foreign C'(1n.,e:1t to addre. s the House for three minutes. Affairs. T b: SPEAKER. The gentleman from Wisconsin asks unani­ By Mr. VAILE: A bill (H. R. 12544) to authorize the Secre­ mou. ronsent to acldre s tbe Honse for ·tbree minutes. Is there tary of the Interior to issue oil and gas permits and leases toT objc>rtion ? persons equitably entitled thereto, and for other purposes; to )fr. 110~DELL. I object. the Committee on the Public Lands. I T hf' SPJ.JAKER. Objection i made. By Mr. FULLER: A bill (H. R. 12545) granting pensions :\Ir. ~TAF F ORD. ~fr. Speaker, I demand the regular order. and increa e of pensions to certain soldiers and sailors of the } Civil War and certain widows and dependent children of sol­ .ACQUISITION OF LANDS FOR :MILITARY PUR-?OSES. dier and sailors of aid war; to the Committee of the Whole )Jr. CRAGO. Mr. "' peaker, I move to suspend the rules and House. 1 pa~ .. the bill ( ..: . 2885) to authorize the acquisition of lands for mtlitnry purposes in certuin cases and making appropriations therefor, and for other purpose . PRIVA.TE BILLS AND RESOLUTIONS. ~Li'. s r.rAFFORD. Mr. Speaker, I make the point of no Under clause 1 of Rule XXII, private bills and resolutions quorum. were introduced and severally referred us follow : · The SPEAKER. Will the gentleman withhold that for a By Mr.
    [Show full text]