Bill to keep Sioux nickname

[MN_BISON]

Carlson is on with Hammer now.

[CAS4127]

The bill introduced by Carlson gets around by this problem by saying that the tribes don't have any say whatsoever in the nickname.

But the NCAA does. That said, given UND's football schedule, perhaps Rep. Carlson knows more than we think, as in UND going to the NAIA.

[tony]

Carlson is making his case that the Legislature should take over for the State Board of Higher Ed right now.

North Dakota's State Fossils: Legislature (Corpolites).

[Green-N-Gold]

Per SS.com, both parties (UND, NCAA) already signed a legally binding agreement that since both tribes didn't approve the name by November 30th, the issue is over. I doubt the NCAA will bend much on this being they have what they want and the name is already in the process of being totally gone.

[bisonaudit]

The bill introduced by Carlson gets around by this problem by saying that the tribes don't have any say whatsoever in the nickname.

The trouble with that arguement is that the settlement with the NCAA gave them a say.

Carlson doesn't like the answer so his solution is to challenge the validity of the State Board of Higher Education? That's a constitutional question. The State Board is enshrined in the state constitution to prevent political mucking around.

An excerpt from here: http://ndus.edu/makers/procedures/sb...?PID=189&SID=2

"The people of North Dakota created the Board through the state Constitution to ensure the institutions and their employees were protected from political interference. Recognizing the legitimacy and importance of such protection and believing each institution properly retains substantial responsibility for its own affairs, the Board and the system honor the integrity of each institution and its people."

So if Carlson wants to do this I belief his measure has to pass through the legislature and then be ratified by a majority in a popular vote. Probably impossible on the time line we're talking about. He'd have to get a stay from a judge.

Grandstanding. He's saying. "Now that you've already lost, let me do everything I can for you."

[roadwarrior]

Great find bisonaudit. Maybe you should send that on to Mr Carlson.

[THEsocalledfan]

"The people of North Dakota created the Board through the state Constitution to ensure the institutions and their employees were protected from political interference. Recognizing the legitimacy and importance of such protection and believing each institution properly retains substantial responsibility for its own affairs, the Board and the system honor the integrity of each institution and its people."

That is the best argument to this going forward I have heard. If the legislature has no juristiction on the matter, it needs to be dropped. I would think it would be the same with fixing the football game issue.

With that said, if the legilature wanted to be completely nasty, they could pull funding of higher ed, but no way that could fly politically.

[THEsocalledfan]

So now it is the responsibility of the State of ND to force a vote? I'm pretty sure that the Tribal Council has stated several times that their tribal gov't structure doesn't include the means for a referendum. If that is the case, should the State be able to change tribal government just so they can vote on something as trivial as a collegiate nickname??

Even though I have come around for a completely different reason (the autonomy of the SBOHE), the ammended bill circulating did not mandate a vote. It just said if the tribe did not want it, a vote must be taken. That vote is the only way to put this to bed once and for all. The resentment will go on and on.

It is also commical that some suggested a vote is more prone to outside interferance than getting to a few council members? Hello? Did anyone at all pay attention to what happened in Spirit Lake? As I stated, if the tribe members voted against it, I would be done with it. I WAS done with it until that Spirit Lake vote, and it completely changed my thiking that I had always been right about the silent majority.

Again, the SBOHE autonomy thing is hard to get past, so I would probably vote against this if a legislator.

[bisonaudit]

With that said, if the legilature wanted to be completely nasty, they could pull funding of higher ed, but no way that could fly politically.

This would be very interesting because the Constitution actually requires the Legistature to provide "adequate funds" to the State Board of Higher Education.

I don't know what adequate funds are but I'm pretty sure that if zero passed the Legislature that the SBoHE would seek legal redress.

[aces1180]

The trouble with that arguement is that the settlement with the NCAA gave them a say.

Carlson doesn't like the answer so his solution is to challenge the validity of the State Board of Higher Education? That's a constitutional question. The State Board is enshrined in the state constitution to prevent political mucking around.

An excerpt from here: http://ndus.edu/makers/procedures/sb...?PID=189&SID=2

"The people of North Dakota created the Board through the state Constitution to ensure the institutions and their employees were protected from political interference. Recognizing the legitimacy and importance of such protection and believing each institution properly retains substantial responsibility for its own affairs, the Board and the system honor the integrity of each institution and its people."

So if Carlson wants to do this I belief his measure has to pass through the legislature and then be ratified by a majority in a popular vote. Probably impossible on the time line we're talking about. He'd have to get a stay from a judge.

Grandstanding. He's saying. "Now that you've already lost, let me do everything I can for you."

Here's an article which shows your research.

http://www.grandforksherald.com/even...cle/id/189726/