Jonah Patel
The Constitution of North Dakota is the most basic legal document in the state of North Dakota. It was adopted on October 1, 1889, and has been amended several times since. The latest amendments were approved by voters on November 5, 2022. In total, the North Dakota Constitution has been amended between 164 and 167 times. Amendments can be made through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. The process of amending the constitution is complex and involves careful thought, research, and compromise.
| Characteristics | Values |
|---|---|
| Number of times amended | 164 or 167 |
| Date of last amendment | 5 November 2024 |
| Date of adoption | 1 October 1889 |
| Number of articles | 14 |
| Number of sections in Article IV | 46 |
| Number of sections in Article V | 12 |
| Number of sections in Article VI | 13 |
| Number of sections in Article VII | 11 |
| Number of sections in Article VIII | 6 |
| Number of sections in Transition Schedule | 26 |
| Number of sections repealed in Transition Schedule | 25 |
| Number of sections repealed in Article IV | 29 |
| Number of signatures required for an initiated constitutional amendment | 4% of the state's population |
| Minimum number of votes in the North Dakota House of Representatives to place an amendment on the ballot | 48 |
| Minimum number of votes in the North Dakota State Senate to place an amendment on the ballot | 24 |
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What You'll Learn
- The North Dakota Constitution has been amended 164 times since 1889
- Amendments can be made via a legislative, citizen-led, or convention-led process
- A simple majority vote is required to pass an amendment
- A 2012 amendment addressed an error that questioned North Dakota's statehood
- The most recent amendments were approved in November 2024
The North Dakota Constitution has been amended 164 times since 1889
The North Dakota Constitution, the most basic legal document in the state, has been amended 164 times since its adoption on October 1, 1889. The constitution consists of a preamble and fourteen articles, the first 25 sections of which have been repealed.
The process of amending the constitution is a complex one, requiring careful thought, research, and compromise. There are three mechanisms for amending the North Dakota Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments, and amendments do not require the governor's signature to be referred to the ballot.
The North Dakota Constitution has undergone numerous amendments over the years, with voters recently approving new amendments in 2012, 2016, 2018, and 2022. For instance, in 2012, an amendment was made to legally mandate the administration of oaths to state officers after an error was discovered by a North Dakota resident, which made the state's legitimacy questionable. In 2016, voters guaranteed certain rights to crime victims, and in 2018, they added a new article creating an ethics commission responsible for adopting rules relating to transparency, corruption, elections, and lobbying. The most recent amendment in 2022 limited the governor, state legislators, and other state officials to two consecutive four-year terms.
In 1970, North Dakota voters approved a constitutional convention, and in 1971, 98 delegates met to write a new constitution. After a year of research, writing, public meetings, and debate, the voters rejected the new constitution in 1972, opting to keep the old one despite its need for further amendments. This demonstrates the careful consideration and involvement of North Dakota's citizens in shaping their state's fundamental document.
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Amendments can be made via a legislative, citizen-led, or convention-led process
The North Dakota Constitution, the most basic legal document in the state, has been amended 164 times since its adoption on October 1, 1889, with the most recent amendments approved by voters on November 5, 2024. Amendments can be made via a legislative, citizen-led, or convention-led process, all of which require voter approval.
The legislative process involves the North Dakota State Legislature, which requires a simple majority vote (50% plus 1) to place a constitutional amendment on the ballot. This amounts to a minimum of 48 votes in the North Dakota House of Representatives and 24 votes in the North Dakota State Senate. Interestingly, these amendments do not require the governor's signature to be referred to the ballot.
The citizen-led process, also known as an initiated constitutional amendment, empowers citizens to initiate constitutional amendments directly. North Dakota is one of eighteen states that allow this process. To propose an amendment, citizens must gather a number of signatures equal to 4% of the state's population as reported by the last decennial census.
The convention-led process involves a constitutional convention, which can be called through the state's initiative petition process. In 1971, 98 delegates assembled to draft a new constitution, but after a year of diligent work, the proposed constitution was rejected by voters in 1972. This rejection demonstrated the people's preference for the existing constitution, despite its need for amendments.
Each amendment process plays a crucial role in shaping the state's framework for governance, individual rights, and other significant matters. The variety of amendment processes ensures that the North Dakota Constitution remains adaptable to the evolving needs and wishes of its citizens.
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A simple majority vote is required to pass an amendment
The North Dakota Constitution, the most basic legal document in the state, has been amended 164 times since its adoption on October 1, 1889. The constitution consists of a preamble and fourteen articles, the first 25 sections of which have been repealed.
The North Dakota Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. An amendment requires a simple majority vote (50% plus 1) for voters to approve it. This amounts to a minimum of 48 votes in the North Dakota House of Representatives and 24 votes in the North Dakota State Senate, assuming no vacancies. The governor's signature is not required for amendments to be referred to the ballot.
In 1970, North Dakota voters approved calling a constitutional convention to write a new constitution. In 1971, 98 delegates met to draft the new constitution, which was rejected by voters in 1972. The people of North Dakota decided they preferred the old constitution, despite its need for amendments.
Since then, the North Dakota Constitution has been amended several times. Notable amendments include a 2012 revision to mandate the administration of oaths to state officers, a 2016 amendment guaranteeing certain rights to crime victims, and a 2018 amendment creating an ethics commission responsible for rules relating to transparency, corruption, elections, and lobbying. The most recent amendments were approved by voters on November 5, 2024.
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A 2012 amendment addressed an error that questioned North Dakota's statehood
The North Dakota Constitution has been amended numerous times since its adoption in 1889; the exact number of amendments is difficult to pinpoint as some sources include only formally adopted amendments, while others also count minor technical corrections. However, a rough estimate puts the number at well over two hundred. These amendments have addressed a wide range of issues, from the structure of the state government to the protection of individual rights, and even some unexpected errors, as evidenced by the curious case of the 2012 amendment.
The story behind this 2012 amendment begins with a seemingly minor typo that ended up casting doubt on the very statehood of North Dakota. It involved a discrepancy in the wording of the state constitution. In Article XVII, Section 1, the date of North Dakota's admission to the Union was listed as "November 2, 1889," which was incorrect. The correct date of statehood for North Dakota is actually November 2, 1889, when it officially became the 39th state admitted to the Union. This error, though seemingly insignificant, had potential legal implications.
The typo in the state constitution was not discovered until 2011, when a sharp-eyed lawyer noticed the discrepancy while reviewing a copy of the constitution. The error was promptly brought to the attention of the North Dakota Legislative Assembly, which introduced a joint resolution in 2012 to correct it. The resolution, known as House Concurrent Resolution 3023, proposed an amendment to the state constitution to change the date of statehood to the correct date of November 2, 1889.
The amendment process in North Dakota requires any proposed changes to the constitution to be approved by a majority vote of the people. So, in the general election of June 2012, the question of amending the constitution to fix the typo was put before the voters of North Dakota. The amendment was approved by an overwhelming majority, with 76% of voters casting 'yes' ballots. With this vote, North Dakota quietly resolved a technicality that could have had far-reaching consequences.
While the error in the original constitution may have been a simple typographical mistake, it highlights the importance of attention to detail in legal documents and the potential consequences of even minor errors. It also demonstrates the power of the amendment process in correcting such mistakes and ensuring the accuracy and integrity of the state's founding document. This unusual episode in North Dakota's history serves as a reminder that even the smallest details can have significant implications and that the amendment process exists to address such unforeseen issues.
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The most recent amendments were approved in November 2024
The Constitution of North Dakota is the most basic legal document in the state. It consists of a preamble and fourteen articles, though one source states 13 articles. The document outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The North Dakota Constitution was adopted by a constitutional convention on August 17, 1889, and ratified by voters on October 1, 1889. Since then, it has been amended 164 times, though one source states 167 amendments. The most recent amendments were approved in November 2024.
The North Dakota Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. An amendment can also be placed on the ballot with a simple majority vote during one legislative session, which amounts to a minimum of 48 votes in the North Dakota House of Representatives and 24 votes in the North Dakota State Senate.
In recent years, several notable amendments have been made to the North Dakota Constitution. In 2012, an amendment was made to legally mandate the administration of oaths to state officers after an error was discovered that made North Dakota's statehood illegitimate. In 2016, voters guaranteed certain rights to crime victims, and in 2018, they added a new article creating an ethics commission responsible for adopting rules relating to transparency, corruption, elections, and lobbying, and investigating alleged violations. In 2022, voters approved an amendment limiting the governor's power.
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Frequently asked questions
The North Dakota Constitution has been amended 164 times since its adoption on October 1, 1889.
Amendments to the North Dakota Constitution are relatively frequent, with voters approving new amendments as recently as November 5, 2024.
The North Dakota Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require a simple majority vote for approval.
