North Dakota Didn’t Technically Become a State Until 2012
You might think North Dakota's been a state since 1889, but there's an unexpected twist to this story. When officials reviewed the state's constitution in the early 2000s, they found a major problem – North Dakota had missed a key requirement for statehood. The state's executive branch hadn't been taking a federally mandated loyalty oath. This oversight went unnoticed for over 120 years, and what happened next changed how we view state history.
The Original Path to Statehood in 1889
North Dakota's journey to statehood began when President Grover Cleveland signed the Enabling Act of 1889. This critical legislative process required North Dakota to draft a state constitution and hold a constitutional convention.
You'll find it interesting that 75 delegates met in Bismarck on July 4, 1889, to create the constitution. Most delegates came from the eastern third of the state. During their 45-day convention, they debated important issues like alcohol prohibition and placed 14 state institutions across different locations. As per Article VI requirements, the constitution needed to include loyalty oaths for state government officials.
On October 1, 1889, voters had their say. They approved the constitution by a wide margin – 27,441 to 8,107. The prohibition measure barely passed. However, the constitution had a significant flaw as it was missing the oath requirement for the governor.
On November 2, 1889, President Benjamin Harrison signed the statehood bill, making North Dakota the 39th state.
A Constitutional Oversight Discovered
While the 1889 statehood process seemed complete, a startling discovery in 1995 would shake North Dakota's constitutional foundation. Grand Forks historian John Rolczynski found that the state's constitution didn't meet critical constitutional requirements.
The problem? The state's executive branch wasn't required to take an oath of state loyalty to the U.S. Constitution.
This oversight violated both Article VI of the U.S. Constitution and the Enabling Act of 1889. You might wonder how this slipped through the cracks for so long. Since then, the constitution has undergone 164 amendments to improve its framework.
Despite Rolczynski's efforts to fix this error for 17 years, it wasn't until 2011 that State Senator Tim Mathern proposed an amendment. The issue was finally resolved in 2012 when voters approved the change with an overwhelming 88.74% majority.
The original constitution was drafted by a group of well-educated delegates who meticulously reviewed other state constitutions for guidance.
The Legal Battle and Expert Debates
The legal battle over North Dakota's constitutional oversight sparked intense debates among constitutional scholars and legal experts.
You'll find two main sides to this argument: those questioning North Dakota's statehood and those defending it.
The state's recent VRA compliance dispute demonstrates how North Dakota continues to grapple with legal challenges even today.
Legal interpretation of Article VI of the U.S. Constitution became a key focus. Critics pointed to the state's failure to meet Enabling Act requirements, while supporters emphasized congressional authority to admit states under Article IV.
After a 17-year effort by historian John Rolczynski to correct the constitutional flaw, the issue finally gained traction.
Constitutional experts generally agreed that North Dakota's statehood wasn't truly at risk.
They noted that many states had violated the U.S. Constitution without losing their status. The debate helped clarify how technical violations don't automatically negate statehood, especially when Congress has formally admitted a state and the federal government consistently recognizes it.
The Journey to Constitutional Amendment
Discovering a constitutional oversight in 1995, historian John Rolczynski set in motion a remarkable journey to amend North Dakota's founding document.
He found that the state constitution didn't require loyalty oaths for executive officers, violating the U.S. Constitution's Article VI.
State Senator Tim Mathern took action in 2011, proposing an amendment to fix this oversight.
The change would join the state constitution's 164 historical amendments made since 1889.
You'll be interested to know that North Dakota voters overwhelmingly supported the fix, with 88.74% voting in favor.
The 2012 amendment finally aligned the state constitution with federal requirements, ensuring North Dakota's legal standing as the 39th state was completely secure.
Historical Implications and Modern Significance
North Dakota's 123-year constitutional oversight sparked fascinating discussions about the state's legal standing throughout history. You might wonder about state legitimacy during this period, especially regarding laws passed between 1889 and 2012.
Despite the missing oath requirement, the federal government consistently recognized North Dakota as a state. This recognition came naturally since North Dakota had already met the required population threshold of 60,000 citizens for statehood.
The 2012 amendment did more than just fix a technical error – it raised constitutional awareness among citizens. When voters approved the change with an overwhelming 88.74% majority, they demonstrated their commitment to proper governance.
You can see how this oversight, discovered by historian John Rolczynski in 1995, led to important conversations about constitutional requirements and state formation. The resolution proved that even long-standing legal questions can be addressed through citizen participation.
