[DOWNLOAD] "Indexing the South Dakota Constitutional Conventions: A 21st Century Solution to a 125 Year Old Problem." by South Dakota Law Review # eBook PDF Kindle ePub Free

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eBook details

• Title: Indexing the South Dakota Constitutional Conventions: A 21st Century Solution to a 125 Year Old Problem.
• Author : South Dakota Law Review
• Release Date : January 22, 2008
• Genre: Education,Books,Professional & Technical,
• Pages : * pages
• Size : 362 KB

Description

Constitutional issues are legal issues of the first magnitude. "The Constitution is the mother law. It is not the baby. Statutes must conform to the Constitution, not vice versa." (1) The South Dakota Supreme Court construes the provisions of the South Dakota Constitution in accordance with what "we conceive to be its plain meaning." (2) This is not always possible, however. As Justice Oliver Wendell Holmes observed, constitutional provisions must be allowed some play "for the joints of the machine." (3) If the meaning of a term or provision is unclear, it is appropriate for the Supreme Court to look at the intent of the drafting body. (4) Sources that may provide the sometimes elusive "intent of the drafting body" are the Constitutional Conventions of 1883, 1885, and 1889. Statehood did not come easy for South Dakota. Prior to 1889 many attempts to achieve statehood failed. Undaunted, those in Dakota Territory supporting statehood pressed on, leaving behind a record of their proceedings that is relevant to the South Dakota legal profession today.

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