From the Grand Forks Herald:
GRAND FORKS — If there’s one thing that’s clear in all the fog surrounding the Fighting Sioux name controversy, it’s that the Board of Higher Education has the authority to decide what will be done.
That’s what the North Dakota State Constitution says, as interpreted by the North Dakota Supreme Court. The court’s ruling also serves as a reminder that a modern democratic government is constrained by a constitution that delimits its powers.
Democracy is not to be found in a spontaneous plebiscite whenever there is an unpopular decision. Democracy means governing by the requirements of a constitution.
This brings up another point: The Standing Rock Sioux Tribe also is governed by a constitution. That constitution has no provision for — and gives no official standing to — the proposed referendum.
If the Standing Rock Sioux Tribe is allowed to vote, any interpretation of the results will owe more to a hyperactive media than to any lawful authority. The duly elected tribal council speaks for the tribe, and I think the board has been wise to base its decisions on the actions of the tribal council.
The board has dealt with a very difficult and contentious issue. I doubt there is anyone, including board members, who is happy with all the twists and turns this problem has taken.
But the board has made its decision — which only it can do — based on a thoughtful consideration of all aspects of the issue. As North Dakotans, we cannot expect more from our public officials.
I, for one, want to express my thanks to the board members for their service in this tough situation.
Lonny Winrich
Winrich, a Democrat, represents District 18 in the North Dakota House.
Turtle Talk 