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Man Claims North Dakota No State But Territory Due to Constitution Error

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by hearit

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While one Republican moves forward to create two North and South California states following a July 12 vote for a proposed CA split, those who already live in a divided locale are left wondering whether North Dakota is actually a state at all. A Grand Forks resident claims 'no', there's an error that makes the state a territory instead--and requires an amendment change to its constitution.
 
It's all scheduled to come to a head in November 2012 when North Dakota residents will vote on the amendment of a former Air Force man trained by Charles Lindbergh. The history buff says there needs to be some clarification because he believes the state's constitution holds a fatal flaw.
 
82-year-old Grand Forks resident John Rolczynski claims he's found a big error: North Dakota, the elderly man says, is still technically a territory -- more than 122 years after the 'state' officially joined the United States nation. The man actually born and raised in ND says a word was omitted in the North Dakota state constitution that was comprised in 1889.
 
While writing a book on ND in 1995, Rolczynski says he discovered the state constitution error -- where North Dakota forgot to use the word 'executive' in its formal document. The man says the problem lies within Article XI, Section 4 of the state's constitution which stipulates each official in the "legislative assembly and judicial department" must take an oath before beginning in office.
 
Meanwhile, the U.S. Constitution requires senators, representatives, state legislators and "all executive and judicial officers" to take an oath to uphold the Constitution. The 82-year-old former military man says the absence of one crucial line means North Dakota does not meet U.S. Constitution requirements.
 
That, claims Rolczynski, means North Dakota is not a state at all -- but, rather, a territory.
 
Rolczynski's crusade to right the North Dakota error didn't begin now. It's been going on for more than a decade and a half. In the mid-90s, Rolczynski began calling on legislators around the ND state to right the 'wrong' -- and, when that failed, began calling on those nationwide. The man even notified Washington, D.C. -- writing President Bill Clinton at the time. But not until 2003 did the man find support over what he says is error. In 2003, North Dakota state Senator Tim Mathern (D-Fargo) took on Rolczynski's cause.
 
But despite the North Dakota resident's plea for a fix -- and, later, testimony before a committee that was set up by Senator Mathern -- his request for an amendment to the constitution 'problem' was turned down. With persistence, the ND resident got lawmakers to finally pass an amendment in 2011. That amendment's finally slated for an official vote in November of 2012 when local state residents people will have to approve the change.
 
For about the next year and a half, North Dakota residents will just have to live with the fact that at least they've got territory.

Location

Grand Forks, ND
United States
47° 55' 30.9252" N, 97° 1' 58.278" W
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