State Board asks for statement from ND Supreme Court declaring nickname law unconstitutional
February 13, 2012 at 10:32 am in Grand Forks Herald
The State Board of Higher Education today asked Attorney General Wayne Stenehjem to seek a declaratory statement from the North Dakota Supreme Court declaring the Fighting Sioux nickname law adopted in April 2011 to be unconstitutional. Continue Reading

More buffoonery since you can imagine the fallout if nickname law, with all the expense and effort that went into it, is ruled unconstitutional. That would, obviously mean the ND legislature acted unconstitutional in 2011. Won’t that good down well in the national media.
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Most of us in touch with reality have been saying that law is unconstitutional all along. I didn’t even know how to spell unconstitutional before this fiasco started.
My main reason for calling for Al Carlson’s recall is: 1. he took an oath to uphold the constitution 2. authored a law that was patently unconstitutional.
Talk about white man speak with forked tongue
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Most of what little nation media attention this matter is getting is not making ND look well. Frankly most people around the US don’t give a hoot.
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Except all the 1000s of UND alumni across the country badmouthing the NCAA & rightly so.
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welcome to Communism, north dakota style.
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Sorry Jimbob: Communists do not believe in constitutions. That is what separates us from them. Don’t get me wrong, the old USSR had one, but I doubt even Stalin’s ghost or anyone else would say he followed it; not to mention those who followed him.
All along my side has said that if your side really wants the name and logo, you will have to pass a constitutional amendment. Your own lawyer publicly stated the original law was unconstitutional and would be tossed.
Instead of wasting valuable political capital on the stupid and ill informed repeal of the repeal, you should have been concentrating on getting enough signatures for the amendment.
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Stalin had his faults but he enforced the socialization of property & now Russians are begging for a return to pre 91 Communism. They still hold 40% of the seats in Parliament and run the country.
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Nope.. Its called signing an agreement that should have have had a ND signature on it, and then letting November 30th, 2010 pass without meeting the agreement.
I have said it before, I’ll say it again.. The work to keep the name should have been completed before the 2010 deadline. If that meant going down to Standing Rock and funneling whatever monies or other things the Tribe wanted for their agreement so be it.
Many have said it is all about the money, and I believe that to be true on many fronts. Not just on the NCAA’s part.
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Here we go again….
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I’ve asked my family to read the final result of all this over my grave so I know what happened.
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Off the wall funny. That’s good!
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The two-part law was twisted from the beginning! Part twisted, all twisted! The second half of the law required the UND to sue the NCAA! Guess what? That path had already been crossed, sued, settled, and protected against double-jeopardy. If Charles Murphy and the SR Council weren’t the most embarrassed group associated with this issue, then it had to be the foolish politicians that came into the matter two years too late and with a box of tools not compatible with the job at hand! Grant the injunction, declare the law unconstitutional, drop the name, and Stand Up and Cheer for the U of North Dakota!! Spread your loyalty in its favor.
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“Protected against double-jeopardy”…not so. Double jeopardy only applies to criminal cases, not civil cases as this is. The only thing close to being ‘criminal’ about this situation is the way the opponents have treated the Native Americans throughout this.
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Ok, maybe DJ may not apply to civil cases but that’s now how it was explained to me. However, the opponents to the Native Americans were Native Americans. They are the ones who jeered the Native Americans when the NCAA lawsuit was announced. They are the ones (SRC) who didn’t approve at the appropriate time. This was and always has been an unresolved issue among the Native Americans. If they couldn’t agree, how could all the PC people be persuaded not to stay opposed?
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Problem is SR was never allowed to vote by their council, if they (the council) wanted to put an end to this they easily could have…the problem I have with whats going on is there was a few vocal people that got us to where we are now…and now we have thousands of vocal people (including those from SR & SL) fighting for what’s right. Keep the name and move on. Accept the sanctions. No logo in the playoffs? Fine, we have a third jersey that says ND on it. Not hosting NCAA post season play, who cares? We rarely host it anyway. Other schools (Wisconsin? MN?…) wont play us? BS they wont…
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Standing Rock has spoken through their rejection of Archie Fool Bear In their tribal council election.
Standing Rock never asked to be part of the NCAA/ND settlement.
Standing Rock is a sovereign nation and you cannot force them to vote or give you any kind of “permission” for anything.
The only person who should be “embarrassed” is AL CARLSON, and if he had any honor he would resign from his office for creating this entire fiasco.
End of story.
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If they have land, you certainly have to ask them for permission to set foot on it! If they don’t want to grant permission, that’s fine! But you can certainly ask.
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And they have clearly told you where to put your foot!
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