What's new
Forums
Members
Resources
Whopper Club
Politics
Pics
Videos
Fishing Reports
Classifieds
Log in
Register
What's new
Search
Members
Resources
Whopper Club
Politics
Menu
Log in
Register
Install the app
Install
Forums
Hunting
Guns and Ammo
ND Constitutional measure
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Lycanthrope" data-source="post: 487705" data-attributes="member: 562"><p>I didnt say 'legislature', did I? Heres how SD used it to eliminate cannabis legalization:</p><p></p><p>In 2020, South Dakota voters passed Constitutional Amendment A (also called the Marijuana Legalization Initiative) with about 54% approval. This was a citizen-initiated constitutional amendment that would have legalized recreational marijuana use for adults 21 and older (allowing possession of up to 1 ounce), created a regulated market with taxes and licensing, and required the state legislature to enact laws for a medical marijuana program and legal hemp sales by April 1, 2022.</p><p></p><p>ballotpedia.org</p><p>A separate measure on the same ballot (Initiated Measure 26) legalized medical marijuana and passed with stronger support (~70%); it took effect and remains in place because it was a statutory change, not a constitutional amendment.</p><p></p><p>cannabisbusinesstimes.com</p><p>The "Single-Subject Rule" and How It Was UsedSouth Dakota’s Constitution (Article XXIII, § 1) includes a single-subject rule for proposed constitutional amendments: “no proposed amendment may embrace more than one subject.” Voters added this requirement via Amendment Z in 2018 to prevent “logrolling” (bundling unrelated issues together to force voters into an all-or-nothing choice).</p><p></p><p>ballotpedia.org</p><p>Shortly after the election, opponents—including Pennington County Sheriff Kevin Thom, South Dakota Highway Patrol Superintendent Rick Miller, and with support from Gov. Kristi Noem’s administration—filed a lawsuit arguing that Amendment A violated this rule. They claimed it bundled three distinct subjects:</p><ul> <li data-xf-list-type="ul">Recreational marijuana legalization, regulation, and taxation.</li> <li data-xf-list-type="ul">A mandate requiring the legislature to create a medical marijuana program.</li> <li data-xf-list-type="ul">A mandate requiring the legislature to legalize and regulate hemp sales.<br /> <br /> ujs.sd.gov</li> </ul><p>In February 2021, Circuit Court Judge Christina Klinger ruled Amendment A unconstitutional on two grounds:</p><ol> <li data-xf-list-type="ol">It violated the single-subject rule (the provisions were not “reasonably germane” to one single topic).</li> <li data-xf-list-type="ol">It went beyond a simple amendment and amounted to a “revision” of the state constitution (which would require a constitutional convention).<br /> <br /> ogletree.com</li> </ol><p>The sponsors appealed. In November 2021, the South Dakota Supreme Court upheld the ruling in a 4-1 decision. Chief Justice Steven Jensen wrote that Amendment A embraced “at least three separate subjects, each with distinct objects or purposes,” and that voters could not fairly decide on them in one up-or-down vote.</p><p></p><p>npr.org</p><p>Result: Effective Veto of the Voter MeasureBecause Amendment A was a constitutional change that would have taken effect automatically, the courts’ ruling nullified it entirely. No recreational legalization occurred. The governor and state officials did not need the legislature to pass a new veto law—the existing constitutional single-subject rule, enforced through the lawsuit and courts, achieved the same outcome.</p><p></p><p>reason.com</p><p>This is why many described it as the government using the single-issue (single-subject) law to override the popular vote. The rule itself was voter-approved in 2018, but critics argued it was selectively applied here to block a measure the Republican-led government and governor strongly opposed on policy grounds.Later attempts at recreational marijuana (a 2022 initiated measure and a 2024 one) both failed at the ballot box, so the issue has not returned via the courts since. The single-subject rule remains in effect and has shaped how future ballot measures are written in the state.</p><p></p><p>Essentially laws like this are easily weaponized to take power away from the people and give it to the govt, which Im not a fan of.</p></blockquote><p></p>
[QUOTE="Lycanthrope, post: 487705, member: 562"] I didnt say 'legislature', did I? Heres how SD used it to eliminate cannabis legalization: In 2020, South Dakota voters passed Constitutional Amendment A (also called the Marijuana Legalization Initiative) with about 54% approval. This was a citizen-initiated constitutional amendment that would have legalized recreational marijuana use for adults 21 and older (allowing possession of up to 1 ounce), created a regulated market with taxes and licensing, and required the state legislature to enact laws for a medical marijuana program and legal hemp sales by April 1, 2022. ballotpedia.org A separate measure on the same ballot (Initiated Measure 26) legalized medical marijuana and passed with stronger support (~70%); it took effect and remains in place because it was a statutory change, not a constitutional amendment. cannabisbusinesstimes.com The "Single-Subject Rule" and How It Was UsedSouth Dakota’s Constitution (Article XXIII, § 1) includes a single-subject rule for proposed constitutional amendments: “no proposed amendment may embrace more than one subject.” Voters added this requirement via Amendment Z in 2018 to prevent “logrolling” (bundling unrelated issues together to force voters into an all-or-nothing choice). ballotpedia.org Shortly after the election, opponents—including Pennington County Sheriff Kevin Thom, South Dakota Highway Patrol Superintendent Rick Miller, and with support from Gov. Kristi Noem’s administration—filed a lawsuit arguing that Amendment A violated this rule. They claimed it bundled three distinct subjects: [LIST] [*]Recreational marijuana legalization, regulation, and taxation. [*]A mandate requiring the legislature to create a medical marijuana program. [*]A mandate requiring the legislature to legalize and regulate hemp sales. ujs.sd.gov [/LIST] In February 2021, Circuit Court Judge Christina Klinger ruled Amendment A unconstitutional on two grounds: [LIST=1] [*]It violated the single-subject rule (the provisions were not “reasonably germane” to one single topic). [*]It went beyond a simple amendment and amounted to a “revision” of the state constitution (which would require a constitutional convention). ogletree.com [/LIST] The sponsors appealed. In November 2021, the South Dakota Supreme Court upheld the ruling in a 4-1 decision. Chief Justice Steven Jensen wrote that Amendment A embraced “at least three separate subjects, each with distinct objects or purposes,” and that voters could not fairly decide on them in one up-or-down vote. npr.org Result: Effective Veto of the Voter MeasureBecause Amendment A was a constitutional change that would have taken effect automatically, the courts’ ruling nullified it entirely. No recreational legalization occurred. The governor and state officials did not need the legislature to pass a new veto law—the existing constitutional single-subject rule, enforced through the lawsuit and courts, achieved the same outcome. reason.com This is why many described it as the government using the single-issue (single-subject) law to override the popular vote. The rule itself was voter-approved in 2018, but critics argued it was selectively applied here to block a measure the Republican-led government and governor strongly opposed on policy grounds.Later attempts at recreational marijuana (a 2022 initiated measure and a 2024 one) both failed at the ballot box, so the issue has not returned via the courts since. The single-subject rule remains in effect and has shaped how future ballot measures are written in the state. Essentially laws like this are easily weaponized to take power away from the people and give it to the govt, which Im not a fan of. [/QUOTE]
Verification
What is the most common fish caught on this site?
Post reply
Recent Posts
T
Free Lunch
Latest: tunakiller
13 minutes ago
Sticker Shock
Latest: Jiffy
Today at 5:49 PM
P
We're Number One
Latest: Pheasant 54
Today at 5:14 PM
John Anderson
Latest: Eatsleeptrap
Today at 4:30 PM
Fall fishing?
Latest: Muleybuck
Today at 4:01 PM
Sale
Ford Tailgate Bench 1973
Latest: 1lessdog
Today at 2:03 PM
M
Ruger News YT
Latest: measure-it
Today at 10:41 AM
FREE Space X!!!
Latest: Lycanthrope
Today at 10:22 AM
Homeless?
Latest: KDM
Today at 9:54 AM
Property taxes
Latest: Slappy
Yesterday at 10:40 PM
migration 26
Latest: eyexer
Yesterday at 12:16 PM
M
Cool new Gadgets
Latest: measure-it
Yesterday at 11:52 AM
T
Favorite Sunrise/Sunset Pics
Latest: Twitch
Yesterday at 9:13 AM
Minot minnows
Latest: ndfinfan
Yesterday at 5:46 AM
U
Prop Repair in Bismarck Area
Latest: undguy
Wednesday at 7:51 PM
-44 coldest place in the world this morning Hettinger, congrats!
Latest: Rowdie
Wednesday at 4:20 PM
Units closed for doe hunting
Latest: Coyote Hunter
Wednesday at 3:37 PM
O
Electric Vehicles
Latest: ORCUS DEMENS
Wednesday at 7:29 AM
I HATE coyotes!!!!
Latest: wslayer
Tuesday at 6:51 PM
ArcGIS app
Latest: Slappy
Tuesday at 4:25 PM
R
Best grinder these days?
Latest: Retired Educator
Tuesday at 2:15 PM
Friends of NDA
Forums
Hunting
Guns and Ammo
ND Constitutional measure
Top
Bottom