South Dakota Constitution
| South Dakota Constitution |
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| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXIII • XXIV • XXV • XXVI • XXVII • XXVIII • XXIX • XXX |
The South Dakota Constitution is the state constitution of South Dakota.
- The current South Dakota Constitution was adopted in 1889.
- South Dakota has had one state constitution.
- The current state constitution has 30 articles.
- The current South Dakota Constitution has been amended 13 times since 2006.
- Voters last approved a new amendment to the South Dakota Constitution on November 5, 2024.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
The Enabling Act, or the act which would establish statehood for South Dakota, was signed by President Grover Cleveland on February 22, 1889. The Enabling Act also called for a constitutional convention. The constitutional convention met at Sioux Falls on July 4, 1889, and the constitution produced by this convention was approved by voters later that year. On November 2, 1889, President Harrison formally proclaimed South Dakota a state.[1]
Preamble
- See also: Preambles to state constitutions
The preamble to the South Dakota Constitution states:
Article I: Name and Boundary
- See also: Article I, South Dakota Constitution
Article I of the South Dakota Constitution is entitled "Name and Boundary" and contains two sections.
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Article II: Division of The Powers of Government
- See also: Article II, South Dakota Constitution
Article II of the South Dakota Constitution is entitled "Division of The Powers of Government"
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Article III: Legislative Department
- See also: Article III, South Dakota Constitution
Article III of the South Dakota Constitution is entitled "Legislative Department" and contains 32 sections.
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Article IV: Executive Department
- See also: Article IV, South Dakota Constitution
Article IV of the South Dakota Constitution is entitled "Executive Department" and contains 13 sections, of which sections 10-13 have been superseded.
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Article V: Judicial Department
- See also: Article V, 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.
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Article VI: Bill of Rights
- See also: Article VI, South Dakota Constitution
Article VI of the South Dakota Constitution is entitled "Bill of Rights" and contains 29 sections.
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Article VII: Elections and Right of Suffrage
- See also: Article VII, 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.
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Article VIII: Education and School Lands
- See also: Article VIII, South Dakota Constitution
Article VIII of the South Dakota Constitution is entitled "Education and School Lands" and consists of 20 sections.
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Article IX: Local Government
- See also: Article IX, South Dakota Constitution
Article IX of the South Dakota Constitution is entitled "Local Government."
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Article X: Municipal Corporations
- See also: Article X, South Dakota Constitution
Article X of the South Dakota Constitution is entitled "Municipal Corporations" and has been repealed.
Article XI: Revenue and Finance
- See also: Article XI, South Dakota Constitution
Article XI of the South Dakota Constitution is entitled "Revenue and Finance."
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Article XII: Public Accounts and Expenditures
- See also: Article XII, South Dakota Constitution
Article XII of the South Dakota Constitution is entitled "Public Accounts and Expenditures."
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Article XIII: Public Indebtedness
- See also: Article XIII, South Dakota Constitution
Article XIII of the South Dakota Constitution is entitled "Public Indebtedness."
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Article XIV: State Institutions
- See also: Article XIV, South Dakota Constitution
Article XIV of the South Dakota Constitution is entitled "State Institutions."
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Article XV: Militia
- See also: Article XV, South Dakota Constitution
Article XV of the South Dakota Constitution is entitled "Militia."
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Article XVI: Impeachment and Removal From office
- See also: Article XVI, South Dakota Constitution
Article XVI of the South Dakota Constitution is entitled "Impeachment and Removal From office."
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Article XVII: Corporations
- See also: Article XVII, South Dakota Constitution
Article XVII of the South Dakota Constitution is entitled "Corporations."
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Article XVIII: Banking and Currency
- See also: Article XVIII, South Dakota Constitution
Article XVIII of the South Dakota Constitution is entitled "Banking and Currency."
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Article XIX: Congressional and Legislative Apportionment
- See also: Article XIX, South Dakota Constitution
Article XIX of the South Dakota Constitution is entitled "Congressional and Legislative Apportionment."
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Article XX: Seat of Government
- See also: Article XX, South Dakota Constitution
Article XX of the South Dakota Constitution is entitled "Seat of Government."
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Article XXI: Miscellaneous
- See also: Article XXI, South Dakota Constitution
Article XXI of the South Dakota Constitution is entitled "Miscellaneous."
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Article XXII: Compact with the United States
- See also: Article XXII, South Dakota Constitution
Article XXII of the South Dakota Constitution is entitled "Compact with the United States."
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Article XXIII: Amendments and Revisions of the Constitution
- See also: Article XIII, South Dakota Constitution
Article XXIII of the South Dakota Constitution is entitled "Amendments and Revisions of the Constitution."
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Article XXIV: Prohibition
- See also: Article XXIV, South Dakota Constitution
Article XXIV of the South Dakota Constitution is entitled "Prohibition" and has been repealed.
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Article XXV: Minority Representation
- See also: Article XXV, South Dakota Constitution
Article XXV of the South Dakota Constitution is entitled "Minority Representation" and was rejected.
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Article XXVI: Schedule and Ordinance
- See also: Article XXVI, South Dakota Constitution
Article XXVI of the South Dakota Constitution is entitled "Schedule and Ordinance."
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Article XXVII: State Control of Manufacture and Sale of Liquor
- See also: Article XXVII, South Dakota Constitution
Article XXVII of the South Dakota Constitution is entitled "State Control of Manufacture and Sale of Liquor" and has been repealed.
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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."
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Article XXIX: State Elevators, Warehouses, Flouring Mills, and Packing Houses
- See also: Article XXIX, South Dakota Constitution
Article XXIX of the South Dakota Constitution is entitled "State Elevators, Warehouses, Flouring Mills, and Packing Houses."
Click here to read this article of the South Dakota Constitution.
Article XXX: Marijuana and Hemp
- See also: Article XXX, South Dakota Constitution
Article XXX of the South Dakota Constitution is entitled "Marijuana and Hemp." The article was added to the state constitution after voters approved Constitutional Amendment A at the 2020 general election.
Click here to read this article of the South Dakota Constitution.
Amending state constitutions
Amendments to the South Dakota Constitution may be proposed in three different ways—through a citizen-initiated process, a legislative process, or a state constitutional convention.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In South Dakota, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Legislature
A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article 23 of the South Dakota Constitution, the South Dakota State Legislature can call a state constitutional convention through a 75% vote in each legislative chamber. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- South Dakota State Legislature, "South Dakota Constitution"
- History.com, "South Dakota"
- South Dakota Historical Society
Footnotes
- ↑ Garry, P. (2014). The South Dakota State Constitution. New York, NY: Oxford University Press
- ↑ South Dakota State Legislature, "South Dakota Constitution," accessed March 30, 2014
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