N.D. Const. art. XI, § 26 — Research

Separate and Coequal Branches. Text of the section: current and prior versions.

Every citing reference in the corpus: 16 court opinions and 6 Attorney General opinions.

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.

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.

• Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D. (con't), 2023 ND 185 (2023, Crothers, J.) · quotes the provision
  • ¶ 63: “…The Board further asserts that N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 violate the separation of powers between coequal branches of government as established by article XI, § 26 of the North Dakota Constitution. States maintain the authority to decide the extent to which powers will be kept separate: The separation-of-powers doctrine which is embodied in the United States Constitution is not ma…”
• State v. Louser, et al., 2021 ND 89 (2021, VandeWalle, J.) · quotes the provision
  • ¶ 9: “…rnor ...." N.D. Const. art. V, § 1. "The judicial power of the state is vested in a unified judicial system ...." N.D. Const. art. VI, § 1. Further, "[t]he legislative, executive, and judicial branches are coequal branches of government." N.D. Const. art. XI, § 26.…”
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2019-L-05 (2019)
• N.D. Legislative Assembly, et al. v. Burgum, 2018 ND 189 (2018, Tufte, J.)
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2011-L-02 (2011)
• State v. Flatt, 2007 ND 98 (2007, Kapsner, J.) · quotes the provision
  • ¶ 20: “…The Constitution of North Dakota establishes separation of functions. "The legislative, executive, and judicial branches are coequal branches of government." N.D. Const. art. XI, § 26. And "the legislative power of this state shall be vested in a legislative assembly consisting of a senate and a house of representatives," with the people reserving rights including initiative and referendum. N.D. Cons…”
• Fercho v. Remmick, 2003 ND 85 (2003, VandeWalle, J.)
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-L-70 (1993)
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. (May 23, 1991) (to Gorder)

• Ouradnik v. N.D. Dep't of Transportation, 2020 ND 39 (2020, Jensen, J.)
• Jones v. Levi, 2016 ND 245 (2016, Crothers, J.)
• Parsons v. WSI, 2013 ND 235 (2013, Maring, J.)
• Daniels v. Ziegler, 2013 ND 157 (2013, Crothers, J.)
• Meier v. N.D. Dep't of Human Services, 2012 ND 134 (2012, VandeWalle, J.)
• Peterson v. ND University System, et al., 2004 ND 82 (2004, VandeWalle, J.)
• Lawson v. North Dakota Workmen's Compensation Bureau, 1987 ND 103 (1987, Gierke, J.)

• Brown v. State Board of Higher Education, 2006 ND 60 (2006, VandeWalle, J.) · construes
  • ¶ 11: “…equiring exhaustion of remedies has its basis in the separation of powers doctrine." *Tracy v. Central Cass Pub. Sch. Dist.,* 1998 ND 12, ¶ 14, 574 N.W.2d 781; *see State ex rel. Spaeth v. Meiers,* 403 N.W.2d 392, 394 (N.D. 1987) (interpreting article XI, section 26, of the North Dakota Constitution as recognizing separation of powers).…”
• Tracy v. Central Cass Public School District, 1998 ND 12 (1998, VandeWalle, J.) · construes
  • ¶ 14: “…ng exhaustion of remedies has its basis in the separation of powers doctrine. *Medical Arts Clinic v. Franciscan Initiatives,* 531 N.W.2d 289, 296 (N.D. 1995). *See State ex rel. Spaeth v. Meiers,* 403 N.W.2d 392, 394 (N.D. 1987) (interpreting article XI, section 26, of the North Dakota Constitution as recognizing separation of powers). Exhaustion of remedies is also beneficial to the judicial branch because it allows executive branch agencies to use their particular expertise in r…”

• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2025-L-03 (2025)
• Syverson, Rath & Mehrer, P.C. v. Peterson, 1993 ND 10 (1993, Meschke, J.) · quotes the provision
  • “…litical subdivision, is a standardless and, therefore, unconstitutional delegation of legislative authority. See N.D. Const. art. III, § 1 (“... the legislative power of this state shall be vested in a legislative assembly....”). See also N.D. Const. art. XI, § 26 (“The legislative, executive, and judicial branches are coequal branches of government.”). We conclude that this delegation is not unconstitutional. [3] The legislature may delegate power to an executive agency; it is…”

• State v. Neilan, 2021 ND 217 (2021, Jensen, J.)
• N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2005-O-19 (2005)

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