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Posted

No disrespect either, but if the SBHE wins this lawsuit it may mean drastic consequences for the State above and beyond athletic-related issues. The SBHE is an arm of the executive branch. They do not get to make laws; they get to administer and enforce them.

The SBoHE (part of the executive branch) has been granted certain administrative powers and authorities under the State constitution. Other branches of government can't violate those powers. The NDSC will determine if that has happened.

As far as drastic consequences, yes, there may be. We may end up back in the overly political realm where the Legislature micromanages the NDUS campuses. That gives Al Carlson and Rob Port extreme priapism when they ponder it.

Posted

The SBoHE (part of the executive branch) has been granted certain administrative powers and authorities under the State constitution. Other branches of government can't violate those powers. The NDSC will determine if that has happened.

As far as drastic consequences, yes, there may be. We may end up back in the overly political realm where the Legislature micromanages the NDUS campuses. That gives Al Carlson and Rob Port extreme priapism when they ponder it.

Reasonable minds may certainly disagree. But I'm not convinced that that the Court will view the legislature's mere requirement of maintaining 70 years of the status quo as micromanaging when, all the while, the legislature has passed laws that cap the SBHE's yearly student fee increases down to a percentage point. I'd agree with you that the latter is micromanaging, but not the former. In other words, if the nickname legislation is unconstitutional because of it's alleged encroachment of the SBHE's powers, then so is most of the statutory scheme upon which the SBHE is based.

In the past, the Supreme Court has found laws unconstitutional because the legislature was giving too much authority by way of lawmaking power to the SBHE. The SBHE better come up with a better argument than a separation of powers or "who controls the nickname" battle, because the Court has already answered this direct question. The legislature writes the laws and the SBHE administers the laws.

Posted

... maintaining 70 years of the status quo ...

In-state status quo you mean. In the rest of the world, the reality has changed. UND lives both in and out of the state.

Posted

In-state status quo you mean. In the rest of the world, the reality has changed. UND lives both in and out of the state.

I'm not sure what you mean or what your statement has to do with the Supreme Court's decision. For your reference, by status quo, I meant continuing use of the "Fighting Sioux" moniker which has been in place since the 1930s.

Posted
Next time he wears a bright shirt with an ugly tie tell Border Patrol he is Don Cherry and send his ass back to Canada!

I'm not sure even the Canadians deserve having two of them around ... can we send him to Iran or North Korea instead? :lol:

Posted

If it were a city and not a suburb looking for a city to attach itself to.

Good comment! Fargo is the Minneapolis wanna-be of North Dakota. I believe they are about the same size as Bloomington, MN (a Minneapolis suburb). Looks like they are about 1.5 million people short.

Posted

Good comment! Fargo is the Minneapolis wanna-be of North Dakota. I believe they are about the same size as Bloomington, MN (a Minneapolis suburb). Looks like they are about 1.5 million people short.

Well West Fargo is growing. :lol:

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