The powers of the government of the state are divided into three distinct departments, the legislative, executive and judicial; and the powers and duties of each are prescribed by this Constitution. The doctrine of separation of powers is fundamental to the American scheme of government, and is incorporated in the federal constitution.1 This fundamental and longstanding doctrine of American and western legal jurisprudence is contained in Article II of the South Dakota Constitution. As the South Dakota Supreme Court has stated, this separation of powers article...
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