NORTH DAKOTA CONSTITUTION
ARTICLE XI
GENERAL PROVISIONS

Art. XI §1 | STATE IDENTITY AND BOUNDARIES

The name of this state shall be "North Dakota." The state of North Dakota shall consist of all the territory included within the following boundary, to wit: Commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north latitude crosses the same; thence south up the main channel of the same and along the boundary line of the state of Minnesota to a point where the seventh standard parallel intersects the same; thence west along said seventh standard parallel produced due west to a point where it intersects the twenty-seventh meridian of longitude west from Washington; thence north on said meridian to a point where it intersects the forty-ninth degree of north latitude; thence east along said line to place of beginning.

Art. XI §2 | THE GREAT SEAL OF NORTH DAKOTA

The following described seal is hereby declared to be and hereby constituted the great seal of the state of North Dakota, to wit: A tree in the open field, the trunk of which is surrounded by three bundles of wheat; on the right a plow, anvil and sledge; on the left, a bow crossed with three arrows, and an Indian on horseback pursuing a buffalo toward the setting sun; the foliage of the tree arched by a half circle of forty-two stars, surrounded by the motto "Liberty and Union Now and Forever, One and Inseparable"; the words "Great Seal" at the top; the words "State of North Dakota" at the bottom; "October 1st" on the left and "1889" on the right. The seal to be two and one-half inches in diameter.

Art. XI §3 | OWNERSHIP OF NATURAL WATERWAYS

All flowing streams and natural watercourses shall forever remain the property of the state for mining, irrigating and manufacturing purposes.

Art. XI §4 | OATH OF OFFICE AND PUBLIC SERVICE COMMITMENT

Members of the legislative assembly and the executive and judicial branches, except such inferior officers as may be by law exempted, before they enter on the duties of their respective offices, shall take and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the office of _________ according to the best of my ability, so help me God"

(if an oath), (under pains and penalties of perjury) if an affirmation, and any other oath, declaration, or test may not be required as a qualification for any office or public trust.

Art. XI §5 | PUBLIC MEETINGS AND GOVERNMENT TRANSPARENCY

Unless otherwise provided by law, all meetings of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be open to the public.

Art. XI §6 | ACCESSIBILITY OF PUBLIC RECORDS

Unless otherwise provided by law, all records of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be public records, open and accessible for inspection during reasonable office hours.

Art. XI §7 | GOVERNMENT CONTINUITY IN TIMES OF EMERGENCY

The legislative assembly, in order to ensure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and immediate duty

(1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and

(2) to adopt such other measures as may be necessary and proper for ensuring the continuity of governmental operations including, but not limited to, waiver of constitutional restrictions upon the place of transaction of governmental business, upon the calling of sessions of the legislative assembly, length of sessions, quorum and voting requirements, subjects of legislation and appropriation bill requirements, upon eligibility of legislators to hold other offices, residence requirements for legislators, and upon expenditures, loans or donations of public moneys.

In the exercise of the powers hereby conferred the legislative assembly shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the legislative assembly so to do would be impracticable or would admit of undue delay.

Art. XI §8 | IMPEACHMENT AUTHORITY OF THE HOUSE

The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all members elected shall be necessary to an impeachment.

Art. XI §9 | SENATE TRIALS FOR IMPEACHMENT CASES

All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation to do justice according to the law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the governor or lieutenant governor is on trial, the presiding judge of the supreme court shall preside.

Art. XI §10 | GROUNDS FOR IMPEACHMENT AND CONSEQUENCES

The governor and other state and judicial officers, except county judges, justices of the peace and police magistrates, shall be liable to impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of trust or profit under the state. The person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

Art. XI §11 | REMOVAL OF OFFICERS FOR MISCONDUCT

All officers not liable to impeachment shall be subject to removal for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency in such manner as may be provided by law.

Art. XI §12 | RESTRICTIONS ON OFFICE DUTIES DURING IMPEACHMENT

No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal.

Art. XI §13 | LIEUTENANT GOVERNOR’S ROLE IN IMPEACHMENT TRIALS

On trial of impeachment against the governor, the lieutenant governor shall not act as a member of the court.

Art. XI §14 | NOTIFICATION AND PREPARATION FOR IMPEACHMENT TRIALS

No person shall be tried on impeachment before he shall have been served with a copy thereof, at least twenty days previous to the day set for trial.

Art. XI §15 | DOUBLE JEOPARDY PROTECTIONS IN IMPEACHMENT CASES

No person shall be liable to impeachment twice for the same offense.

Art. XI §16 | COMPOSITION AND RESPONSIBILITIES OF THE STATE MILITIA

The reserve militia of this state consists of all able-bodied individuals eighteen years of age and older residing in the state, unless exempted by the laws of the United States or of this state. The active militia is the national guard of this state and consists of individuals who volunteer and are accepted unless exempted by the laws of the United States or of this state. An individual whose religious tenets or conscientious scruples forbid that individual to bear arms may not be compelled to do so in times of peace, but that individual shall pay an equivalent for a personal service.

Art. XI §17 | REGULATION AND ORGANIZATION OF THE MILITIA

The militia shall be enrolled, organized, uniformed, armed and disciplined in such a manner as shall be provided by law, not incompatible with the constitution or laws of the United States.

Art. XI §18 | VOLUNTEER ARMED SERVICES AND RESTRICTIONS

The legislative assembly shall provide by law for the establishment of volunteer organizations of the several arms of the service, which shall be classed as active militia; and no other organized body of armed men shall be permitted to perform military duty in this state except the army of the United States, without the proclamation of the governor of the state.

Art. XI §19 | APPOINTMENT AND ELECTION OF MILITIA OFFICERS

All militia officers shall be appointed or elected in such a manner as the legislative assembly shall provide.

Art. XI §20 | COMMISSIONING AND REMOVAL OF MILITIA OFFICERS

The commissioned officers of the militia shall be commissioned by the governor, and no commissioned officer shall be removed from office except by sentence of court-martial, pursuant to law.

Art. XI §21 | LEGAL PROTECTIONS FOR MILITIA MEMBERS

The militia forces shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters, parades and elections of officers, and in going to and returning from the same.

Art. XI §22 | DEBTOR RIGHTS AND PROPERTY EXEMPTIONS

The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of which shall be limited and defined by law; and a reasonable amount of personal property; the kind and value shall be fixed by law. This section shall not be construed to prevent liens against the homestead for labor done and materials furnished in the improvement thereof, in such manner as may be prescribed by law.

Art. XI §23 | PROPERTY RIGHTS OF MARRIED WOMEN

The real and personal property of any woman in this state, acquired before marriage, and all property to which she may, after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband.

Art. XI §24 | REGULATION OF CHILD LABOR IN CERTAIN INDUSTRIES

The labor of children under twelve years of age, shall be prohibited in mines, factories and workshops in this state.

Art. XI §25 | RESTRICTIONS ON GAMES OF CHANCE AND LOTTERIES

The legislative assembly shall not authorize any game of chance, lottery, or gift enterprises, under any pretense, or for any purpose whatever. However, the legislative assembly shall authorize the state of North Dakota to join a multi-state lottery for the benefit of the state of North Dakota, and, the legislative assembly may authorize by law bona fide nonprofit veterans', charitable, educational, religious, or fraternal organizations, civic and service clubs, or such other public-spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, fraternal, religious, or other public-spirited uses.

Art. XI §26 | EQUAL COMPENSATION ACROSS GOVERNMENT BRANCHES

The legislative, executive, and judicial branches are coequal branches of government. Elected members and officials of each branch shall receive as compensation for their services only such amounts as may be specifically set by law. Payment for necessary expenses shall not exceed those allowed for other state employees.

Art. XI §27 | PRESERVATION OF HUNTING, TRAPPING, AND FISHING RIGHTS

Hunting, trapping, and fishing and the taking of game and fish are a valued part of our heritage and will be forever preserved for the people and managed by law and regulation for the public good.

Art. XI §28 | LEGAL DEFINITION AND RECOGNITION OF MARRIAGE

Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

Art. XI §29 | GUARANTEE OF MODERN AGRICULTURAL PRACTICES

The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state. No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production, and ranching practices.

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NORTH DAKOTA CONSTITUTIONARTICLE XIGENERAL PROVISIONS

Art. XI §1 | STATE IDENTITY AND BOUNDARIES

Art. XI §2 | THE GREAT SEAL OF NORTH DAKOTA

Art. XI §3 | OWNERSHIP OF NATURAL WATERWAYS

Art. XI §4 | OATH OF OFFICE AND PUBLIC SERVICE COMMITMENT

Art. XI §5 | PUBLIC MEETINGS AND GOVERNMENT TRANSPARENCY

Art. XI §6 | ACCESSIBILITY OF PUBLIC RECORDS

Art. XI §7 | GOVERNMENT CONTINUITY IN TIMES OF EMERGENCY

Art. XI §8 | IMPEACHMENT AUTHORITY OF THE HOUSE

Art. XI §9 | SENATE TRIALS FOR IMPEACHMENT CASES

Art. XI §10 | GROUNDS FOR IMPEACHMENT AND CONSEQUENCES

Art. XI §11 | REMOVAL OF OFFICERS FOR MISCONDUCT

Art. XI §12 | RESTRICTIONS ON OFFICE DUTIES DURING IMPEACHMENT

Art. XI §13 | LIEUTENANT GOVERNOR’S ROLE IN IMPEACHMENT TRIALS

Art. XI §14 | NOTIFICATION AND PREPARATION FOR IMPEACHMENT TRIALS

Art. XI §15 | DOUBLE JEOPARDY PROTECTIONS IN IMPEACHMENT CASES

Art. XI §16 | COMPOSITION AND RESPONSIBILITIES OF THE STATE MILITIA

Art. XI §17 | REGULATION AND ORGANIZATION OF THE MILITIA

Art. XI §18 | VOLUNTEER ARMED SERVICES AND RESTRICTIONS

Art. XI §19 | APPOINTMENT AND ELECTION OF MILITIA OFFICERS

Art. XI §20 | COMMISSIONING AND REMOVAL OF MILITIA OFFICERS

Art. XI §21 | LEGAL PROTECTIONS FOR MILITIA MEMBERS

Art. XI §22 | DEBTOR RIGHTS AND PROPERTY EXEMPTIONS

Art. XI §23 | PROPERTY RIGHTS OF MARRIED WOMEN

Art. XI §24 | REGULATION OF CHILD LABOR IN CERTAIN INDUSTRIES

Art. XI §25 | RESTRICTIONS ON GAMES OF CHANCE AND LOTTERIES

Art. XI §26 | EQUAL COMPENSATION ACROSS GOVERNMENT BRANCHES

Art. XI §27 | PRESERVATION OF HUNTING, TRAPPING, AND FISHING RIGHTS

Art. XI §28 | LEGAL DEFINITION AND RECOGNITION OF MARRIAGE

Art. XI §29 | GUARANTEE OF MODERN AGRICULTURAL PRACTICES

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