N.D. Const. art. I, § 24 — Research

Constitution mandatory and prohibitory. Text of the section: current and prior versions.

Every citing reference in the corpus: 11 court opinions and 2 Attorney General opinions. Counts include the section's pre-1981 designation (§ 21), era-gated by the renumbering crosswalk.

Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.

Cases by topic

Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.

Mandatory and self-executing character of constitutional provisions

Leadbetter v. Rose, 1991 ND 51 (1991, Erickstad, J.) · construes, quotes the provision
- “…. 4 U.S. Const., Amend. XIV, § 1, provides, in part: “nor shall any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.” 5 N.D. Const., Art. I, § 21, provides, in part: “nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens.” 6 Leadbetter also asserts that Section 15–10–17.2, N…”
State ex rel. Ilvedson v. District Court in and for Ward County, 1940 ND 17 (1940, Christianson, J.) · quotes the provision
- “…, or for habitual drunkenness or gross incompetency in such manner as may be provided by law." N.D.Const. § 197. "The provisions of this constitution are mandatory [*625] and prohibitory unless, by express words, they are declared to be otherwise." N.D.Const. § 21. It is apparent, therefore, that a state's attorney, chosen by the electors of an organized County conformable to law, may be removed only for one or more of the causes enumerated in the Constitution. State v. Shannon,…”
State ex rel. Olson v. Langer, 1934 ND 67 (1934, Burke, J.) · construes
- “…f the Constitution material to this inquiry, we must remember that they are self-executing. They require no legislative breath to give them life; no legislative action to put them into effect. They speak for themselves, and they are mandatory and prohibitory. Section 21, Constitution. What constitutes a disability within the meaning of that term as contained in section 72? The word "disability" has a reasonably definite meaning. It means: "State of being disabled; deprivation or want o…”
State ex rel. Board of University and School Lands of State v. Hanson, Commissioner of University and School Lands, 1934 ND 34 (1934, Burr, J.) · quotes the provision
- “…gned. No such intention should be assumed in the absence of clear and explicit language to that effect. The provisions of the Constitution "are mandatory and prohibitory unless, by [*210] express words, they are declared to be otherwise." (North Dakota Const. § 21). Here there is a clear mandate that the members of the board of University and school lands shall "direct the investment of the funds." Yet it is said that notwithstanding this declaration the framers of the Constituti…”
State ex rel. Linde, Atty. Gen. v. Hall, 1916 ND 144 (1916, Goss, J.) · quotes the provision
- “…onal provision, is "as the Legislature may provide." And does this mean as the Legislature has provided, or, instead, as the Legislature shall by future enactment provide? Again the constitutional mandate, necessarily mandatory and prohibitive, because, under section 21 of the Constitution, "the provisions of this Constitution are mandatory and prohibitory unless by express words they are declared to be otherwise," emphatically answers "as the Legislature may provide," necessarily indi…”

Constitutionally required expenditures without appropriation

Carlson v. Dunn County, 1987 ND 101 (1987, Meschke, J.)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 75-41 (1975)
State ex rel. Byrne, Secretary of State, v. Baker, 1934 ND 79 (1934, Burke, J.)

Prohibitory effect and implied limits on legislation

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 71-159 (1971)
State ex rel. Frich v. Stark County, 1905 ND 57 (1905, Engerud, J.) · construes, quotes the provision
- “…organization of new counties, location of county seats, and changing county lines, but it is also a prohibition against special legislation on those subjects. It is true that the language of the section is not restrictive or prohibitive in express terms; but section 21 of the Constitution declares that "the provisions of this Constitution are mandatory and prohibitive unless by express words, they are declared to be otherwise." This section recognizes and establishes a sound rule to b…”

Other applications

City of Fargo v. Sathre, Atty. Gen. of North Dakota, 1949 ND 4 (1949, Nuessle, J.)
Marks v. City of Mandan (Stutsman, Intervener), 1941 ND 2 (1941, Morris, J.)
State ex rel. Langer, Atty. Gen., v. Gamble-Robinson Fruit Co., 1919 ND 237 (1919, Birdzell, J.) · quotes the provision
- “…Laws, State of North Dakota, for the year 1913." A general demurrer was sustained to the foregoing complaint, and the matter is here upon appeal from the order. The complaint must be considered in the light of the following provisions of law: Constitution, § 21: "The provisions of this Constitution are mandatory and prohibitory unless, by express words, they are declared to be otherwise." Constitution, § 146: "Any combination between individuals, corporations, associations o…”

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