Legal Opinion · Concurring in part, dissenting in part

Beals v. Pickerel Lake Sanitary District

South Dakota Supreme Court

Decided April 29, 1998No. NonePublished

1Concurring in part, dissenting in partSabers, Justice

-1-

[¶32] Article III, Section 1 of the South Dakota Constitution provides:

[T]he people expressly reserve to themselves the right to propose measures ... and also the right to require that any laws which the Legislature may have enacted shall be submitted to a vote of the electors of the state before going into effect....

(emphasis added). As this court stated nearly seventy years ago, “This language is plain, and leaves no room for construction either strict or liberal.... The power granted to the Legislature is restricted and limited by the right of the people to ultimately adopt or reject…

2Cases cited15 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. Poppen v. WalkerSouth Dakota Supreme Court · 1994
  3. Sander v. Geib, Elston, Frost Professional Ass'nSouth Dakota Supreme Court · 1993
  4. Rossi v. BrownCalifornia Supreme Court · 1995
  5. Cummings v. MickelsonSouth Dakota Supreme Court · 1993

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