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South Dakota Constitution


The structure of the Government of South Dakota is based on that of the federal government, with three branches of government: executive, legislative, and judicial. The structure of the state government is laid out in the Constitution of South Dakota, the highest law in the state. The constitution may be amended either by a majority vote of both houses of the legislature, or by voter initiative.

The Governor of South Dakota heads the executive branch of the state government. The current governor is Dennis Daugaard, a Republican from Garretson. The state constitution gives the governor the power to either sign into law or veto bills passed by the state legislature, to serve as commander-in-chief of the state's armed forces, to appoint a cabinet, and to commute criminal sentences or to pardon those convicted of crimes. The governor serves for a four-year term, and may not serve more than two consecutive terms.

The state legislature is made up of two bodies, the Senate, which has 35 members, and the House of Representatives, with 70 members. South Dakota is divided into 35 legislative districts, with voters electing two representatives and one senator per district. The legislature meets for an annual session which begins on the second Tuesday in January and lasts for 40 days. it also meets if a special session is called by the governor. The Republican Party currently holds majorities in both houses of the South Dakota Legislature. Currently, the Senate consists of 27 Republicans and 8 Democrats, while the House of Representatives is made up of 58 Republicans, 12 Democrats State law currently limits legislators to a maximum of four consecutive terms in the same house of the Legislature.

The judicial branch is made up of several levels. The state supreme court, with four justices and a chief justice, is the highest court in the state. Below the supreme court are the circuit courts; 41 circuit judges serve in seven judicial circuits in the state. Below the circuit courts are the magistrate courts, which deal with more minor criminal and civil actions.


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