Ramble Through Noem’s Constitutional Inconsistency—Let’s Fill Those Legislative Vacancies!

Last updated on 2024-01-15

Governor Kristi Noem was on Fox News yesterday whining and projecting about how the Colorado Supreme Court’s decision to enforce the United States Constitution and keep a man who insurrected against the Constitution off the Presidential ballot is “liberal… radical, unconstitutional” and “dangerous”…

…which is funny, because here at home, where Governor Noem doesn’t talk to the local press about the real local issues she was elected to address, Governor Noem is letting the South Dakota Supreme Court dictate to her who can serve in the Legislature, all because she doesn’t want to take responsibility for reading and enforcing the clear language of the South Dakota Constitution and appointing replacements for the Senate seat Jessica Castleberry vacated in August and the House seat Jess Olson vacated in November…

…which is funny, because Governor Noem didn’t have a problem reading and applying that clear language last summer to Jessica Castleberry, whom she hung out to dry and pushed to resign for taking contracts with the state, the kind of conflict of interest that the South Dakota Constitution prohibits.

So Noem is crystal clear on the South Dakota Constitution when she wants to oust a legislator, but she’s unable to make heads or tails of it when voters are waiting for representation. And when another court reads the United States Constitution and applies it against the man she wants to pick her for Vice-President, her interest in constitutionalism goes out the window in favor of radical, dangerous mob rule.

Governor Noem’s constant flip-flops of political convenience are leaving residents in Districts 34 and 35, great swaths of western and eastern Rapid City and much of Box Elder, without full representation in the Legislature, whose members are already prepping for the big 2024 Session that starts January 9:

Local Republican party members have expressed concern that the lack of representation could disadvantage their districts.

Amy Wagner, chair of the Pennington County Republican Party Central Committee, said she understands Noem’s position,  but thinks “it’s very concerning” nonetheless.

…“That’s a lot of people without representation,” Wagner said.

Ken Straatmeyer is a Pennington County precinct committeeman. He will not be happy if his county goes into the upcoming legislative session without full representation.

…“I get bureaucracy turns slow, but this needs to be addressed,” Straatmeyer said.

…Wagner said the county committee sent Noem multiple suggestions for appointments to fill the void.

Lynn Kading, another Pennington County precinct committeeman, said he finds it “kind of crazy” that the Noem administration is the cause of Castleberry’s resignation, the Supreme Court’s advisory opinion request and the county’s lack of representation.

“I think the Governor should appoint someone right away,” Kading said. “Stop listening to the political hacks and listen to the people” [Joshua Haiar, “Pennington County GOP Wants Full Representation by Start of Legislative Session,” South Dakota Searchlight, 2023.12.20].

If Kristi Noem were a good, effective, and philosophically consistent Governor, here’s what she’d do with her mandate to govern:

1. Pick the two smartest people on her lists and appoint them immediately to represent Districts 34 and 35. Even if they have contracts with the state, the South Dakota Constitution only prohibits legislators from having interest in state contracts authorized by the Legislature while they are serving and one year thereafter. Any state contracts authorized before the appointees become legislators are fine. Arguably, the District 34 and 35 appointees could hang onto any current contracts, serve the full 2024 Session, and then simply not seek renewal of their contracts in the new fiscal year on which they’ll have voted.
2. Allow the South Dakota Supreme Court to take its time and issue a well-reasoned opinion… and when they do, turn to all the legislators with state contracts and say, “See? Dakota Free Press and the Pitts decision were right all along. Resign now, and let the voters pick new legislators in November.”
3. Get off Fox News and get on KELO, KSFY, SDPB, Searchlight, Sioux Falls Live, and all the other eager local reporters who’d love to keep voters informed about the real work happening in Pierre on their behalf.
4. If someone in the local press does interrupt the discussion of real local policy issues with a question about the Colorado Supreme Court’s ruling on Donald Trump’s ineligibility for office, just say, “We are a nation ruled by law, not the mob. The courts protect the rule of law. Donald Trump undermines it. Trump’s candidacy is radical, dangerous, and unconstitutional. Now, let’s get back to discussing the budget with our full contingent of legislators.”