North Dakota's not a state...and never has been! by Niki2

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North Dakota's not a state...and never has been!

POSTED BY: NIKI2
UPDATED: Thursday, July 14, 2011 15:58
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Thursday, July 14, 2011 9:42 AM

Gettin' old, but still a hippie at heart...

Just a giggle:

Quote:
A constitutional error recently discovered shows that North Dakota has never technically fit the requirements for statehood.
John Rolczynski, an 82-year old Grand Forks resident, discovered the error in 1995 and has been been campaigning to fix North Dakota's constitution ever since. The problem lies in the state constitution's omission in requiring the governor and other top officials to take an oath of office. In failing to require these oaths, North Dakota's constitution is at odds with federal requirements established by Article VI of the U.S. Constitution, therefore making statehood illegitimate.

According to Valley News Live, Rolczynski has found another mistake in North Dakota's constitution that he also intends to see corrected. This time, the error centers on which river defines the state's eastern border.

http://newsfeed.time.com/2011/07/14/because-of-constitution-error-nort
h-dakota-is-not-a-state-and-never-has-been/

Ooops!

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Thursday, July 14, 2011 10:30 AM

HERO

The Supreme Court has held that the form of the oath is left to the Congress for Federal offices (aside from those mentioned expressly in the Constitution) and the States for State offices.

If North Dakota lacked an oath it would not invalidate statehood. The failure of a particular provision of a State's Constitution is not remedied by revokation of statehood. A simple court order would suffice as a corrective measure.

It might invalidate state office holders. However, since the form is entirely up to the State, one could argue a constructive oath was taken by those assuming the powers granted them by virtue of their election of appointment.

I note for the record that Ohio was not a state until its 150th birthday due to a clerical error.

H

"Hero. I have come to respect you." "I am forced to agree with Hero here."- Chrisisall, 2009.
"I would rather not ignore your contributions." Niki2, 2010.

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Thursday, July 14, 2011 10:50 AM

AURAPTOR

America loves a winner!

So, Obama was even more wrong, thinking there were 57 states, when there are only 49 ?

Wow.!

" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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Thursday, July 14, 2011 1:47 PM

DREAMTROVE

North Dakota also seceded a couple years ago, and no one noticed, so fixing the problem now would be moot.

In 2003, congress passed a law banning the purchase of US territory by Indian Nations. This clause was put into a treaty in 1887 IIRC, as the lynchpin to secure an end to the indian wars. The treaty grants the United States all land west of the Mississippi. The law invalidates that treaty, laying waste, politically, to that claim.

Much was made about it at the time, and I posted some stuff here about it when they seceded. The US can still arguably claim territory gained from Spain during the Spanish American war, as well as Alaska, which was purchase, and less arguably Hawaii, which seceded a couple years ago, curiously before Obama was elected, enough to make me wonder if nominating a Hawaiian wasn't a stealth move to keep it in the union. Meanwhile the US holds a dubious hold on Oregon, Washington and Idaho, and perhaps none at all to the Empire region. Five states it was argued are now sovereign Dakota territory under law.

Of course, possession is 9/10ths of the law, and enforcement is a bitch, but, yes, you are correct, North Dakota is not a state, it's an occupied territory.

Considering the atmosphere here in NY and New England, it looks like the confederacy might get its dream: Just not from them seceding from us. They'll be called "The United States of America." Not sure what we'll be called. "Republic of New York" or "The Seneca Nation?" Perhaps "Iroquois Confederation."

That's what a ship is, you know - it's not just a keel and a hull and a deck and sails, that's what a ship needs.

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Thursday, July 14, 2011 2:55 PM

FREMDFIRMA

Ohio technically ain't one neither, cause the act that admitted it to the Union was in Constitutional Violation of Ex-Post-Facto.

Quote:
It all started when Ohio was preparing to celebrate the 150th anniversary of its admission to the Union in 1953. Researchers looking for the original statehood documents discovered there'd been a little oversight. While Congress had approved Ohio's boundaries and constitution, it had never passed a resolution formally admitting the future land of the Buckeyes. Technically, therefore, Ohio wasn't a state.

Predictably, when this came to light it was the subject of much merriment. One senator joshingly suggested that his colleagues from Ohio were drawing federal paychecks under false pretenses.

But Ohio congressman George Bender thought it was no laughing matter. He introduced a bill in Congress to admit Ohio to the Union retroactive to March 1, 1803. At a special session at the old state capital in Chillicothe, the Ohio state legislature approved a new petition for statehood that was delivered to Washington on horseback. Congress subsequently passed a joint resolution, and President Eisenhower, after a few more jokes, signed it on August 7, 1953.

But then, as a Michigander, I'm kinda required to dislike Ohio, not that I wouldn't hate the "armpit of america" anyway thanks to the obnoxiousness of it's police and courts, who make Wayne County look like a bastion of law and order by comparison.

-Frem

I do not serve the Blind God.

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Thursday, July 14, 2011 3:58 PM

NIKI2

Gettin' old, but still a hippie at heart...

I dunno, Hero, if it's a moot point, then why (from the same article):

Quote:
After nearly 16 years of fighting to change the constitution, Rolczynski may finally see his goal accomplished: Senator Tim Mathern of Fargo introduced a bill this spring that would fix the error.

Why fight for 16 years to fix it if it ain't broke?

Hippie Operative Nikovich Nikita Nicovna Talibani,
Contracted Agent of Veritas Oilspillus, code name “Nike”,
signing off

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