News, Is North Dakota Really a State? (Fargo, Grand Forks: compensation, taxation)

[John1960]

An 82-year old Grand Forks man has pointed out a constitutional flaw that questions whether North Dakota has ever been a state.

John Rolczynski points out the original state constitution left out the executive branch, the Governor and other high ranking officials when it explains who needs to take the oath of office. Rolczynski says that puts the state constitution in conflict with the federal one, making it invalid.

Is North Dakota Really a State? - Valley News Live - KVLY/KXJB - Fargo/Grand Forks

[Bhaalspawn]

Where does the U.S. Constitution say that a state's constitution must mention the powers of the executive? Where does it say anything about the governance of states at all?

[skelaki]

Originally Posted by John1960

An 82-year old Grand Forks man has pointed out a constitutional flaw that questions whether North Dakota has ever been a state.

John Rolczynski points out the original state constitution left out the executive branch, the Governor and other high ranking officials when it explains who needs to take the oath of office. Rolczynski says that puts the state constitution in conflict with the federal one, making it invalid.

Is North Dakota Really a State? - Valley News Live - KVLY/KXJB - Fargo/Grand Forks

Interesting but perhaps he should actually read the US Constitution.

[jbuc123]

Even if it isn't, it's not a big deal. Massachusetts, Kentucky, Pennsylvania and Virginia aren't states; they're commonwealths.

[FreedomThroughAnarchism]

This is the point of contention:

FindLaw: U.S. Constitution: Article VI

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.


Whether the argument has traction is debatable, but obviously the state folks are worried enough that they are introducing legislation to "fix" the problem. How legislation "fixes" the problem, I don't know, as that seems to conflict with assertion that it is a state Constitution problem.

I think it would be quite amusing if it were true, and every single court case that the State of ND has ever brought on behalf of The People, every single regulation that has ever imposed over the last 122 years (everything from drivers licenses to zoning regulations, to occupational licensing, to every single form of state levied taxation), would all be prima facie invalid. I think the State owes The People a couple hundred billions of dollars in just compensation for wrongful takings and countless other illegal acts, if it were true.

[Boompa]

If North Dakota is a Territory then the Federal government can use their $2 billion slush fund to help the victims of the flood instead of the US Taxpayer