unconstitutional violation (South Dakota) · Go Syfert
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unconstitutional violation in South Dakota

7 South Dakota opinions name it 1 courts 1966–2001 0 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Simpson v. Tobingreen
sd · 1985 · cited in 1 South Dakota opinions naming this issue, 1998–1998
2 sentences

1998Simpson v. Tobin, 367 N.W.2d 757, 768 (S.D.1985). [¶ 33.] Our review of the record persuades us that the Legislature would have intended the appropriation for salary increases for Regents’ employees to take effect even without the unconstitutional clause in' section 31 on collective bargaining.

1998Simpson v. Tobin, 367 N.W.2d 757, 768 (S.D. 1985). [¶ 33.] Our review of the record persuades us that the Legislature would have intended the appropriation for salary increases for Regents' employees to take effect even without the unconstitutional clause in section 31 on collective bargaining.

11
Yakus v. United Statesgreen
scotus · 1944 · cited in 1 South Dakota opinions naming this issue, 1997–1997
2 sentences

1997In Yakus , the challenged statute mandated that the Administrator exercise his authority to fix prices in a manner which would “effectuate the purposes of [the] Act”, which had been set forth hy the legislature as follows: "to stabilize prices and to prevent speculative, unwarranted, and abnormal increases in prices and rents; to eliminate and prevent profiteering, hoarding, manipulation, speculation, and other disruptive practices resulting from abnormal market conditions or scarcities caused by or contributing to the national emergency; to assure that defense appropriations are not dissipate

1997In Yakus , the challenged statute mandated that the Administrator exercise his authority to fix prices in a manner which would “effectuate the purposes of [the] Act”, which had been set forth hy the legislature as follows: "to stabilize prices and to prevent speculative, unwarranted, and abnormal increases in prices and rents; to eliminate and prevent profiteering, hoarding, manipulation, speculation, and other disruptive practices resulting from abnormal market conditions or scarcities caused by or contributing to the national emergency; to assure that defense appropriations are not dissipate

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Gould v. Pennington County Board of Equalization green
sd · 1997
2 sentences

2001VIII § 15 of the South Dakota Constitution in the case of Gould v. Pennington Cty Bd of Equal, 1997 SD 129 , 570 NW2d 846 .

2001VIII § 15 of the South Dakota Constitution in the case of Gould v. Pennington Cty Bd of Equal, 1997 SD 129 , 570 NW2d 846 .

22001–2001
Affiliated Distillers Brands Corp. v. Gillis green
sd · 1964
2 sentences

1997“The presumption that [the Board] will not act arbitrarily but will exercise sound judgment and good faith cannot sustain a delegation of unregulated discretion.” Affiliated Distillers, 130 N.W.2d at 600 . [¶ 37.] I agree with the majority’s holding on Issue 2 that SDCL 36-20A-15 is not an unconstitutional violation of Boever’s due process rights. .

1997"The presumption that [the Board] will not act arbitrarily but will exercise sound judgment and good faith cannot sustain a delegation of unregulated discretion." Affiliated Distillers , 130 NW2d at 600 . [¶37] I agree with the majority's holding on Issue 2 that SDCL 36-20A-15 is not an unconstitutional violation of Boever's due process rights.

21997–1997
Clark v. Jeter green
scotus · 1988
2 sentences

1993Clark, 486 U.S. 456 , 108 S.Ct. 1910 , 100 L.Ed.2d 465 .

1993Clark, 486 U.S. 456 , 108 S.Ct. 1910 , 100 L.Ed.2d 465 .

11993–1993
City of Mitchell v. Western Public Service Co. neutral
neb · 1933
2 sentences

1966City of Mitchell v. Western Public Service Co., 124 Neb. 248 , 246 N.W. 484 . 2. & 5.

1966City of Mitchell v. Western Public Service Co., 124 Neb. 248 , 246 N.W. 484 . 2. & 5.

11966–1966

Statutes the citing opinions construe

SD § S.D. Codified Laws § 2-14-16 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 58 (1909–2022) IL 49 (1889–2022) CA 46 (1946–2025) FL 36 (1974–2026) OH 28 (1979–2022) WA 23 (1965–2025) MA 23 (1982–2023) AZ 20 (1989–2021) NY 20 (1953–2025) LA 20 (1971–2019) PA 20 (1911–2022) NC 16 (1979–2023) KS 16 (1993–2024) GA 15 (1885–2025) WI 14 (1975–2019) OK 14 (1973–2020) MI 13 (1980–2023) SC 13 (1986–2021) AL 13 (1906–2015) TN 13 (1985–2022) CO 10 (1964–2022) IN 10 (1980–2018) MD 9 (1967–2022) CT 8 (1981–2021) MT 8 (1980–2023) NM 7 (1970–2017) KY 7 (2000–2025) SD 7 (1966–2001) MO 6 (1904–2015) NJ 6 (1959–2013) ME 6 (1983–2018) UT 5 (1993–2014) HI 5 (1984–2021) IA 5 (1900–2018) MN 5 (1974–2019) WV 5 (1983–2016) DC 4 (2006–2020) OR 4 (1973–2010) NE 4 (1983–1991) ID 3 (1980–1991) NV 3 (1993–2019) AR 3 (1975–2011) ND 3 (1982–2016) NH 2 (2018–2023) VA 2 (2017–2017) VT 2 (1992–2026) WY 2 (1989–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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