82SiouxGuy Posted January 15, 2012 Share Posted January 15, 2012 Denial is a wonderful emotion. I am still trying to understand how this law, if passed, over rides the ND State Constitution? We don't know whether it does or doesn't. We don't have a final decision on whether the nickname law was constitutional or not. If they don't get enough signatures, it isn't an issue. If they do, the State Board of Higher Education may decide to get a ruling on the constitutionality. If they get enough signatures on the second petition, then the voters of North Dakota would make the decision. But tSic is right, these efforts to force UND to keep the name without getting the NCAA to change their position on the issue would hurt UND. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted January 15, 2012 Share Posted January 15, 2012 I am still trying to understand how this law, if passed, over rides the ND State Constitution? What the petitions (there are two remember) are going for is: (a) reinstatement of Al Carlson's folly, then (b) an amendment to the state constitution regarding the moniker <-- that would cause a conundrum as it would potentially conflict with another section of the state constitution Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted January 15, 2012 Share Posted January 15, 2012 If they don't get enough signatures, it isn't an issue. You missed a step: They need the signatures. Then they need the vote to go their way. I'm not sure either of those are a given. Quote Link to comment Share on other sites More sharing options...
82SiouxGuy Posted January 15, 2012 Share Posted January 15, 2012 You missed a step: They need the signatures. Then they need the vote to go their way. I'm not sure either of those are a given. I just meant that not getting enough signatures would end that effort right away. If they get enough signatures on the first petition then the SBoHE has to decide whether to look at constitutionality. If they pursue that avenue and it is ruled unconstitutional, that would end that effort. If it is ruled constitutional it would go to the vote. And I agree, neither getting enough signatures or passing in an election are sure things. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted January 15, 2012 Share Posted January 15, 2012 We don't know whether it does or doesn't. We don't have a final decision on whether the nickname law was constitutional or not. If they don't get enough signatures, it isn't an issue. If they do, the State Board of Higher Education may decide to get a ruling on the constitutionality. If they get enough signatures on the second petition, then the voters of North Dakota would make the decision. But tSic is right, these efforts to force UND to keep the name without getting the NCAA to change their position on the issue would hurt UND. One would surmise that the SBOHE would have to challenge the issue being that it otherwise would cut their legs out from under them. By reading the NDSC it does not take much to see that Carlson's Folly will not hold up. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted January 15, 2012 Share Posted January 15, 2012 One would surmise that the SBOHE would have to challenge the issue being that it otherwise would cut their legs out from under them. By reading the NDSC it does not take much to see that Carlson's Folly will not hold up. They could've before the law was rescinded but they didn't. That says to me who knows what the ND SBoHE will do. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted January 15, 2012 Share Posted January 15, 2012 They could've before the law was rescinded but they didn't. That says to me who knows what the ND SBoHE will do. They did not need to at the time. Did the law ever make it to it's starting date before it was cancelled? Quote Link to comment Share on other sites More sharing options...
82SiouxGuy Posted January 15, 2012 Share Posted January 15, 2012 They did not need to at the time. Did the law ever make it to it's starting date before it was cancelled? It should have gone into effect either July 1 or Aug 1 of 2011, which means it was in effect before the meeting with the NCAA. I believe the SBoHE decided to let the NCAA explain their position and see if that would change the legislature's mind. Letting the legislature change the law back was going to cause less problems than forcing the issue by challenging the constitutionality. Quote Link to comment Share on other sites More sharing options...
Chewey Posted January 15, 2012 Share Posted January 15, 2012 This is a highly nuanced topic, especially given Spirit Lake's approval and Standing Rocks' unacknowledged 1969 approval and NCAA collaboration with the slim SR majority to prevent a vote. The petition process and any NCAA conduct based thereon fits very nicely into the litigation area, particulaly the anti-trust claims. Somehow, I think the NCAA and its lawyers are smarter than that. As I've said before, I'm sure they're very arrogant but they're not stupid. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted January 15, 2012 Share Posted January 15, 2012 This is a highly nuanced topic, especially given Spirit Lake's approval and Standing Rocks' unacknowledged 1969 approval and NCAA collaboration with the slim SR majority to prevent a vote. The petition process and any NCAA conduct based thereon fits very nicely into the litigation area, particulaly the anti-trust claims. Somehow, I think the NCAA and its lawyers are smarter than that. As I've said before, I'm sure they're very arrogant but they're not stupid. Why have you not volunteered your time in the SL lawsuit? Quote Link to comment Share on other sites More sharing options...
darell1976 Posted January 15, 2012 Author Share Posted January 15, 2012 I think AG Wayne Stemjum should've came out and ruled if this petition is consitutional or not. This guessing game is just going to piss a lot of people off if it goes either way. All that work just so he can say its not constitutional. I hope the SBoHE is brainstorming what is going to happen if enough signatures are met. Its out of UND's hands. Quote Link to comment Share on other sites More sharing options...
Chewey Posted January 16, 2012 Share Posted January 16, 2012 Why have you not volunteered your time in the SL lawsuit? You're pretty fixated on that, aren't you? I thought I had you on "ignore". I'll voluntarily do that now. Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted January 16, 2012 Share Posted January 16, 2012 You're pretty fixated on that, aren't you? I thought I had you on "ignore". I'll voluntarily do that now. You are the one who always talks so much about supporting them I thought maybe you should then at least donate your time. Kinda like put up or shut up. Can't be that busy up on the Hill. Quote Link to comment Share on other sites More sharing options...
Chewey Posted January 16, 2012 Share Posted January 16, 2012 You are the one who always talks so much about supporting them I thought maybe you should then at least donate your time. Kinda like put up or shut up. Can't be that busy up on the Hill. Right. Can't be that busy underneath your bridge these days? 1 Quote Link to comment Share on other sites More sharing options...
watchmaker49 Posted January 16, 2012 Share Posted January 16, 2012 Right. Can't be that busy underneath your bridge these days? You are not very quick for being a lawyer are you? Avoid having to answer though. All petition supporters here should be hounding you to donate your time. How did that appeal of Slominski's ever work out for you? Quote Link to comment Share on other sites More sharing options...
alumx2 Posted January 16, 2012 Share Posted January 16, 2012 Just tell me where to be to sign the petition 1 Quote Link to comment Share on other sites More sharing options...
fightingsioux4life Posted January 16, 2012 Share Posted January 16, 2012 Just tell me where to be to sign the petition So you want UND to settle for being a glorified junior college? North Dakota State College of Science for Potato Bowl here we come! We'll keep so much of the gate from that game we'll balance the budget in no time. 2 Quote Link to comment Share on other sites More sharing options...
darell1976 Posted January 16, 2012 Author Share Posted January 16, 2012 Just a general question for UND fans....If these petitions to make it and the state law is back. If UND is somehow booted from the Big Sky and basically has their athletic departement go up in flames....how many of you would become NDSU Bison fans? I hate to say it but for me living in Fargo with no other DI school around (as UND wouldn't have a football, bball, or VB team) it would be tough not to become a Bison fan. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted January 16, 2012 Share Posted January 16, 2012 Just a general question for UND fans....If these petitions to make it and the state law is back. If UND is somehow booted from the Big Sky and basically has their athletic departement go up in flames....how many of you would become NDSU Bison fans? I hate to say it but for me living in Fargo with no other DI school around (as UND wouldn't have a football, bball, or VB team) it would be tough not to become a Bison fan. You're running an apocalypse scenario. It won't come to that. It could get ugly, but not there. 1 Quote Link to comment Share on other sites More sharing options...
darell1976 Posted January 16, 2012 Author Share Posted January 16, 2012 You're running an apocalypse scenario. It won't come to that. It could get ugly, but not there. The fact that UND gets rid of football etc or the fact we get booted from the BSC. If they get booted you might as well get rid of them. Football cannot survive in Indy land, the basketball and VB teams go back to the Great West. Yikes. Quote Link to comment Share on other sites More sharing options...
JohnboyND7 Posted January 16, 2012 Share Posted January 16, 2012 I will sign the petition if I see them outside teh Ralph tomorrow. DaveK can consider this a christmas present from me. Quote Link to comment Share on other sites More sharing options...
Smoggy Posted January 17, 2012 Share Posted January 17, 2012 And how many other ndsu fans will sign and vote this way knowing it can hurt und? Quote Link to comment Share on other sites More sharing options...
Jheria Posted January 17, 2012 Share Posted January 17, 2012 And how many other ndsu fans will sign and vote this way knowing it can hurt und? Alot. 1 Quote Link to comment Share on other sites More sharing options...
zonadub Posted January 17, 2012 Share Posted January 17, 2012 Just a general question for UND fans....If these petitions to make it and the state law is back. If UND is somehow booted from the Big Sky and basically has their athletic departement go up in flames....how many of you would become NDSU Bison fans? I hate to say it but for me living in Fargo with no other DI school around (as UND wouldn't have a football, bball, or VB team) it would be tough not to become a Bison fan. The WAC may still be desperate enough to take a team that is on the H&A list. Do they still have only 7 FB teams? Bowls are not under the NCAA, so the Fighting Sioux could get bowl invites. Quote Link to comment Share on other sites More sharing options...
JohnboyND7 Posted January 17, 2012 Share Posted January 17, 2012 The WAC may still be desperate enough to take a team that is on the H&A list. Do they still have only 7 FB teams? Bowls are not under the NCAA, so the Fighting Sioux could get bowl invites. .....that would imply that they are getting enough wins. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.