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- Preliminary Material
- Main Text
- Part One The History of the South Dakota Constitution
- Part Two The South Dakota Constitution and Commentary
- Preamble
- Art.I Name and Boundary
- Art.II Division of the Powers of Government
- Art.III Legislative Department
- Introduction and History
- s.1 Legislative Power—Initiative and Referendum
- s.2 Number of Legislators—Regular Sessions
- s.3 Qualifications for Legislative Office—Officers Ineligible
- s.4 Disqualification for Conviction of Crime—Defaults on Public Money
- s.5 Legislative Reapportionment
- s.6 Compensation—Regular Sessions
- s.7 Convening of Annual Sessions
- s.8 Oath Required of Legislators and Officer—Forfeiture of Office for False Swearing
- s.9 Each House as Judge of Qualifications—Quorum—Rules of Proceedings—Officers and Employees
- s.10 Filling Legislative Vacancies
- s.11 Legislators’ Privilege from Arrest—Freedom of Debate
- s.12 Legislators Ineligible for Other Office—Contracts with State or County
- s.13 Legislative Journals—Recording of Yeas and Nays
- s.14 Elections Viva Voce
- s.15 Open Legislative Sessions—Exception
- s.16 Adjournment of Legislative Houses
- s.17 Reading of Bills
- s.18 Enacting Clause—Assent by Majority—Recording of Votes
- s.19 Signing of Bills and Resolutions
- s.20 Origin of Bills—Amendment in Other House
- s.21 One Subject Expressed in Title
- s.22 Effective Date of Acts—Emergency Clause
- s.23 Private and Special Laws Prohibited
- s.24 Release of Debt to State or Municipality
- s.25 Games of Chance Prohibited—Exceptions
- s.26 Municipal Powers Denied to Private Organizations
- s.27 Suits against the State
- s.28 Bribery and Corrupt Solicitation of Officers—Compelling Testimony—Immunity from Prosecution
- s.29 Legislative Powers in Emergency from Enemy Attack
- s.30 Power of Committee of Legislature to Suspend Administrative Rules and Regulations
- s.31 Convening of Special Sessions upon Petition
- s.32 Term Limitations for United States Congressmen
- Introduction and History
- Art.IV Executive Department
- Art.V Judicial Department
- s.1 Judicial Powers
- s.2 Supreme Court
- s.3 Circuit Courts
- s.4 Courts of Limited Jurisdiction
- s.5 Jurisdiction of Courts
- s.6 Qualifications of Judicial Personnel
- s.7 Judicial Selection
- s.8 Selection of the Chief Justice
- s.9 Qualifications Commission
- s.10 Restrictions
- s.11 Administration
- s.12 Rule-making Power
- s.13 Transition
- Art.VI Bill of Rights
- Introduction
- s.1 Inherent Rights
- s.2 Due Process—Right to Work
- s.3 Freedom of Religion
- s.4 Right of Petition and Peaceable Assembly
- s.5 Freedom of Speech—Truth as Defense—Jury Trial
- s.6 Jury Trial—Reduced Jury—Three-Fourths Vote
- s.7 Rights of Accused
- s.8 Rights to Bail—Habeas Corpus
- s.9 Self-incrimination—Double Jeopardy
- s.10 Indictment or Information
- s.11 Search and Seizure
- s.12 Ex Post Facto Laws—Impairment of Contract Obligations—Privilege or Immunity
- s.13 Private Property Not Taken Without Just Compensation—Benefit to Owner—Fee in Highways
- s.14 Resident Aliens’ Property Rights
- s.15 Imprisonment for Debt
- s.16 Military Subordinate to Civil Power—Quartering of Soldiers
- s.17 Taxation Without Consent—Uniformity
- s.18 Equal Privileges or Immunities
- s.19 Free and Equal Elections—Right of Suffrage—Soldier Voting
- s.20 Courts Open—Remedy for Injury
- s.21 Suspension of Laws Prohibited
- s.22 Attainder by Legislature Prohibited
- s.23 Excessive Bail or Fines—Cruel Punishments
- s.24 Right to Bear Arms
- s.25 Treason
- s.26 Power Inherent in People—Alteration in Form of Government—Inseparable Part of Union
- s.27 Maintenance of Free Government—Fundamental Principles
- s.28 Right to Vote by Secret Ballot
- Introduction
- Art.VII Elections and Rights of Suffrage
- Art.VIII Education and School Lands
- s.1 Uniform System of Free Public Schools
- s.2 Perpetual Trust Fund for Maintenance of Public Schools—Principal Inviolate
- s.3 Fund Income Apportioned Among Schools—Apportionment of Fines
- s.4 Sale of School Lands—Appraisal
- s.5 Terms of Sale of School Lands
- s.6 Conduct of Sales of School Lands—Conveyance of Right or Title
- s.7 Perpetual Trust Fund from Proceeds of Grants and Gifts
- s.8 Appraisal and Sale of Donated Lands—Separate Accounts
- s.9 Lease of School Lands
- s.10 Trespassers’ Claims to Public Lands Not Recognized—Improvements Not Compensated
- s.11 Investment of Permanent Educational Funds
- s.12 Disapproval by Governor of Sale, Lease or Investment
- s.13 Audit of Losses to Permanent Educational Funds—Permanent Debt—Interest
- s.14 Protection and Defense of School Lands
- s.15 Taxation to Support School System—Classification of Property
- s.16 Public Support of Sectarian Instruction Prohibited
- s.17 Interest in Sale of School Equipment Prohibited
- s.18 Apportionment of Mineral Leasing Moneys—Amounts Covered Into Permanent Funds
- s.19 Mineral Rights Reserved to State—Leases Permitted
- s.20 Loan of Nonsectarian Textbooks to All School Children
- Art.IX Local Government
- Art.X Municipal Corporations [Repealed]
- Art.XI Revenue and Finance
- s.1 Annual Tax
- s.2 Classification of Property for Taxation—Income
- s.3 Corporate Tax Power of State Not Suspended
- s.4 Banks and Bankers Taxed
- s.5 Public Property Exempt from Taxation—Exceptions
- s.6 Property Exempt from Taxation—Personal Property
- s.7 Other Exemption Laws Void
- s.8 Object of Tax to Be Stated—Use of Vehicle and Fuel Taxes
- s.9 Taxes Paid into Treasury—Appropriations Required for Expenditure
- s.10 Special Assessments for Local Improvements—Taxes for Municipal Purposes
- s.11 Unauthorized Use of Public Money as Felony
- s.12 Annual Statement of Receipts and Expenditures
- s.13 Vote Required to Increase Certain Tax Rates or Valuations
- s.14 Vote Required to Impose or Increase Taxes
- s.15 Inheritance Tax Prohibited
- Art.XII Public Accounts and Expenditures
- s.1 Appropriation and Warrant Required for Payment from Treasury
- s.2 Contents of General Appropriation Bill—Separate Appropriation Bills
- s.3 Extra Compensation Prohibited—Unauthorized Contracts—Change in Compensation of Officers—Appropriations for Defense of State
- s.4 Annual Statement Required
- s.5 Health Care Trust Fund Established—Investment—Appropriations
- s.6 Education Enhancement Trust Fund Established—Investment—Appropriations
- s.7 Balanced Budget
- Art.XIII Public Indebtedness
- s.1 State Enterprises—Legislative Vote Required—Defense of State—Rural Credits—Maximum Indebtedness
- s.2 Maximum State Debt—Irrepealable Tax to Repay
- s.3 State Debt as in Addition to Territorial Debt
- s.4 Debt Limitations for Municipalities and Political Subdivisions
- s.5 Irrepealable Tax to Repay Debt of Municipality or Political Subdivision
- s.6 Adjustment of Debts and Liabilities of Territory of Dakota
- s.7 Obligation of State to Pay Proportion of Territorial Debt
- s.8 Refunding Bond Issue Authorized for Territorial Debt Payment
- s.9 Road Construction and Coal Supply by State
- s.10 State Cement Enterprises
- s.11 State Pledge to Fund Cement Enterprises
- s.12 State Electric Power Enterprises
- s.13 State Pledge to Fund Electric Power Enterprises
- s.14 State Coal Mining Enterprises
- s.15 State Pledge to Fund Coal Enterprises
- s.16 Works of Internal Improvement—State Indebtedness
- s.17 Home Loans by State—Debt Limitation Inapplicable
- s.18 Compensation of Military and War Relief Personnel—Maximum Indebtedness
- s.19 Bonus Paid to Veterans and Deceased Veterans’ Dependents
- s.20 Trust Fund Created From Proceeds of State Cement Enterprise Sales—Investment—Annual Appropriation
- s.21 Transfers from Trust Fund to General Fund in Support of Education
- Art.XIV State Institutions
- Art.XV Militia
- Art.XVI Impeachment and Removal from Office
- s.1 Power of Impeachment in House—Majority Required
- s.2 Trial of Impeachments—Presiding Officer
- s.3 Officers Subject to Impeachment—Grounds—Removal from Office—Criminal Prosecution
- s.4 Removals of Officers Not Subject to Impeachment
- s.5 Suspension of Duties Between Impeachment and Acquittal
- s.6 Lieutenant Governor Not to Try Governor
- s.7 Service of Copy of Impeachment Before Trial Required
- s.8 Impeachment Twice for Same Offense Prohibited
- Art.XVII Corporations
- s.1 Special Corporation Laws Prohibited—State-Controlled Corporations Excepted
- s.2 Invalidation of Charters Without Bona Fide Organization and Business
- s.3 Laws for Benefit of Corporation as Conditioned on Compliance with Constitutional Provision
- s.4 Corporations Subject to Eminent Domain—Police Power
- s.5 Casting of Votes for Directors or Managers
- s.6 Place of Business and Authorized Agent Required of Foreign Corporation
- s.7 Business to Be Expressed in Charter—Real Estate Restricted
- s.8 Indebtedness Increase
- s.9 Legislature’s Power to Alter, Revise, or Annul Corporate Charters—Creation, Renewal, or Extension
- s.10 Local Consent Required for Grant of Street Railroad Right
- s.11 Construction and Maintenance of Telegraph Lines—Controlling Interest in Competing Company Prohibited
- s.12 Railroad Corporations
- s.13 Movable Property of Railroad Corporation Considered Personalty—Execution and Sale
- s.14 Consolidation of Railroad Lines—Forfeiture of Charter for Evasion of Provisions
- s.15 Railways and Rail Companies Declared Public Highways and Common Carriers—Regulation of Rates
- s.16 Right to Construct and Operate Railroad—Passengers, Tonnage, and Cars
- s.17 Rate Discrimination Prevention
- s.18 Compensation for Private Property Taken for Public Use—Assessment of Damages
- s.19 Corporations Defined
- s.20 Monopolies and Trusts Prohibited—Combinations in Restraint of Trade—Legislative Powers
- s.21 (Sections 21 through 24 have been ruled unconstitutional.) Corporate or Syndicate Farming Prohibited—Definitions—Restrictions
- s.22 Restrictions—Application
- s.23 Loss of Qualification—Requalification or Dissolution
- s.24 Annual Report—Violations—Action and Enforcement
- Art.XVIII Banking and Currency
- Art.XIX Congressional and Legislative Apportionment
- Art.XX Seat of Government
- Art.XXI Miscellaneous
- Art.XXII Compact with the United States
- Art.XXIII Amendments and Revisions of the Constitution
- Art.XXIV Prohibition [Repealed]
- Art.XXV Minority Representation [Rejected]
- Art.XXVI Schedule and Ordinance
- s.1 Continuation of Prior Writs, Actions, Claims, and Bodies Corporate—Validation of Previously Issued Process
- s.2 Fines, Forfeitures, and Escheats of Territory to Accrue to State
- s.3 Recognizances, Bonds, Obligations, and Undertakings—Criminal Prosecutions and Penal Actions
- s.4 Civil and Military Officers
- s.5 Election of Constitution and State Officers—Ballots
- s.6 Election for Temporary Seat of Government
- s.7 Conduct of Election
- s.8 Election Returns
- s.9 Canvass of Vote—Filing with County Clerks or Auditors
- s.10 Certification of Senator or Representative from Multi-County District
- s.11 Delivery of Returns to Proper State Officer—Certification to President—Proclamation of Election Result—Lists of Elected Officers—Certificates of Election
- s.12 Apportionment of State Legislature—Number of Senators and Representatives Initially Elected
- s.13 First Assembly of Legislature—Oaths of Office
- s.14 Election of Two United States Senators—Two Representatives
- s.15 Adjournment After Election of Senators—Next Meeting
- s.16 Legislature and Officers to Exercise Necessary and Authorized Powers Only Pending Admission of State into Union
- s.17 Validity of Ordinances and Schedule
- s.18 Freedom of Religion—Public Lands—Indian Lands—Uniformity of Taxation—Territorial Debt—Public Schools—Federal Reservations—Irrevocability
- s.19 Tenure of Elected Officers
- s.20 Time of General Election
- s.21 Form of Ballot
- s.22 Enrollment of Constitution—Delivery to Secretary of State—Inclusion in State Laws—Copy to President of United States
- s.23 Agreement by Joint Commission Concerning Territorial Records, Books, and Archives
- Art.XXVII State Control of Manufacture and Sale of: Liquor [Repealed]
- Art.XXVIII County Investment of Permanent School and Endowment Funds
- Art.XXIX State Elevators, Warehouses, Flouring Mills and Packing Houses
- Further Material
- [3.81.25.170]
- 3.81.25.170
