The 1885 and 1889 Constitutional Convention Debates

21 Pages Posted: 22 Nov 2014

See all articles by Catherine Chicoine

Catherine Chicoine

University of South Dakota Law School

Patrick M. Garry

University of South Dakota - School of Law

Date Written: May 22, 2014

Abstract

The Constitution, adopted when South Dakota achieved statehood, was the product of three constitutional conventions. Each of the proposed constitutions produced by subsequent conventions built upon the work of previous conventions. Therefore, determining the intended meaning of provisions in the 1889 Constitution may require a consultation of debates related to similar provisions in previously proposed constitutions. However, those convention’s debates are not organized well or clearly regarding topic or subject matter.

Fortunately, the South Dakota legislature had the foresight to preserve and publish the convention debates from 1885 and 1889. An act entitled Act Providing for the Publication of the Debates of the Constitution Conventions of 1885 and 1889, enacted by the Legislature of the State of South Dakota of 1897, directed the state librarian to edit and prepare the 1885 and 1889 debates for publication.

As a way of examining the concerns and controversies that existed during South Dakota’s constitutional formation, this Article attempts to summarize and highlight the areas of significant debate at the 1885 and 1889 conventions.

Keywords: South Dakota Constitution, History of South Dakota Constitution, 3 Constitutional Conventions, Debates of 1883, 1885,1889 Constitutional Conventions

JEL Classification: K1, K3, K19, K30, K39

Suggested Citation

Chicoine, Catherine and Garry, Patrick M., The 1885 and 1889 Constitutional Convention Debates (May 22, 2014). South Dakota Law Review, Vol. 59, No. 2, 2014. Available at SSRN: https://ssrn.com/abstract=2528774

Catherine Chicoine (Contact Author)

University of South Dakota Law School ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

Patrick M. Garry

University of South Dakota - School of Law ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

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