The South Dakota State Constitution

ISBN : 9780199926671

Patrick M. Garry
344 Pages
162 x 242 mm
Pub date
Aug 2014
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South Dakota was the first state in the nation's history to adopt the Initiative and Referendum, making it permissible for the people to initiate a constitutional amendment, on a statewide level in 1898. While it continues to be a controversial procedure, Patrick Garry discusses this in-depth while providing the only definitive reference resource on the South Dakota Constitution, including all significant court decisions interpreting each Section. The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. The book concludes with a bibliography, a table of cases cited in the volume, and a topical index making this volume a highly detailed historical companion for students, scholars, practitioners, and all readers interested in state constitutional issues and the history of South Dakota's statehood. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.


Part one: The History of the South Dakota Constitution
Part two: The South Dakota Constitution and Commentary
Article I: Name and Boundary
Article II: Legislative
Article III: Executive
Article IV: Executive Department
Article V: Judicial Department
Article VI: Bill of Rights
Article VII: Elections and Rights of Suffrage
Article VIII: Education and School Lands
Article IX: Local Government
Article X: Municipal Corporations [Repealed]
Article XI: Revenue and Finance
Article XII: Public Accounts and Expenditures
Article XIII: Public Indebtedness
Article XIV: State Institutions
Article XV: Militia
Article XVI: Impeachment and Removal from Office
Article XVII: Corporations
Article XVIII: Banking and Currency
Article XIX: Congressional and Legislative Apportionment
Article XX: Seat of Government
Article XXI: Miscellaneous
Article XXII: Compact with the United States
Article XXIII: Amendments and Revisions of the Constitution
Article XXIV: Prohibition [Repealed]
Article XXV: Minority Representation [Rejected]
Article XXVI: Schedule and Ordinance
Article XXVII: State Control of Manufacture and Sale of :Liquor [Repealed]
Article XXVIII: County Investment of Permanent School and Endowment Funds
Article XXIX: State Elevators, Warehouses, Flouring Mills and Packing Houses
Table of Cases
About the Author

About the author: 

Patrick Garry is a Professor of Law at the University of South Dakota School of Law, with a Ph.D. in Constitutional History. He has written twelve books in the areas of law, history, politics and religion. Those books have received numerous awards and have been featured in hundreds of media interviews, academic conferences, and book reviews. Before joining the faculty at the University of South Dakota School of Law, Professor Garry was a research scholar at the Freedom Forum Media Studies Center and a visiting scholar at Columbia University Law School. He also served as a legal advisor to the Silha Center for Media Law and Ethics at the University of Minnesota.

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