N.D. Const. art. IV, § 38 — Research

Repealed. Text of the section: current and prior versions.

Every citing reference in the corpus: 13 court opinions and 2 Attorney General opinions. Counts include the section's pre-1981 designation (§ 64), 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.

Amendment by reference and re-enactment at length

City of Fargo v. Sathre, Atty. Gen. of North Dakota, 1949 ND 4 (1949, Nuessle, J.)
Department of State Highways v. Baker, State Auditor, 1940 ND 5 (1940, Morris, J.)
King v. Baker, 1939 ND 42 (1939, Burke, J.)
Ford Motor Co. v. State, 1930 ND 82 (1930, Christianson, J.) · construes
- “…ended statute is to be construed as if the original statute had been repealed and a new and independent act in the amended form had been adopted." 25 R. C. L. p. 1067. In speaking of the effect of an amendatory act (under a constitutional provision similar to section 64 of the Constitution of North Dakota), Sutherland says: "The amendment operates to repeal all of the section amended not embraced in the amended form. The portions of the amended sections which are merely copied without…”
Wilson v. City of Fargo, 1921 ND 118 (1921, Grace, J.)

Statutes complete in themselves and amendment by implication

State v. Julson, 1972 ND 76 (1972, Knudson, J.)
State ex rel. Gammons v. Shafer, State Auditing Board, 1933 ND 8 (1933, Nuessle, J.)
State v. Fargo Bottling Works Co., 1910 ND 2 (1910, Ellsworth, J.) · construes
- “…v. Codes 1905, providing a penalty for violations of the prohibitory law, and while it by implication affects and modifies somewhat the meaning of said section 9353, as well as many other sections of the general statute, it is not for that reason repugnant to section 64 of the state Constitution, requiring that all portions of the amended statute that are retained in the new enactment be incorporated and published in the amended act. A malt liquor retaining the alcoholic principle as…”

Application to initiated and referred measures

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 79-158 (1979)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 75-167 (1975)
State ex rel. Strutz, Atty. Gen., v. Baker, State Auditor, 1941 ND 54 (1941, Burr, J.)
Larkin v. Gronna, 1939 ND 13 (1939, Burke, J.)
Preckel v. Byrne, 1932 ND 102 (1932, Burr, J.)

Germaneness and title requirements

Fitzmaurice v. Willis, County Com'rs, 1910 ND 90 (1910, Spalding, J.)
Erickson v. Cass County, 1902 ND 54 (1902, Young, J.)

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