South Dakota Constitution Article 26 - Schedule and Ordinance.
South Dakota Constitution – Article XXVI: Schedule and Ordinance
(Also written as Article 26)
📜 Purpose of Article XXVI – Schedule and Ordinance:
This article was included to ensure a smooth transition from territorial government to statehood when South Dakota was admitted to the Union in 1889.
Known as a "schedule" article, it contains temporary provisions that clarified how and when the new state constitution and government would take effect. These provisions are common in many state constitutions at the time of adoption.
🧭 Key Functions of Article XXVI:
Legal Continuity:
Declared that territorial laws (those passed under U.S. territorial rule) would remain in effect until altered or repealed by the new state legislature.
Transition of Offices and Property:
Provided for the transfer of legal authority, offices, records, and property from the U.S. territorial government to the new state government.
Judicial Continuity:
Allowed existing courts to function under the new constitution until state judicial systems were fully established.
First Elections and Government Setup:
Outlined how initial elections were to be conducted and how state officials would assume their roles.
Ordinance Clause:
Included an Ordinance pledging that the State of South Dakota accepted U.S. constitutional supremacy and agreed to conditions for admission, such as:
Religious freedom
Use of public lands for education
No discrimination in civil rights
Commitment to the public land grants and trust responsibilities
📅 Historical Context:
South Dakota became a state on November 2, 1889. Article XXVI served as a bridge between the Dakota Territory and the new State of South Dakota, ensuring legal and governmental stability during the transition.
✅ Is It Still in Effect?
Most provisions of Article XXVI were transitional and are no longer active in daily governance.
However, the Ordinance portion remains historically and legally significant because it reflects South Dakota’s binding commitments made at statehood.
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