Article VIII, Section 2. [Supreme court -- Chief justice -- Declaring law
unconstitutional -- Justice unable to participate.]
The Supreme Court shall be the highest court and shall consist of at least five justices.
The number of justices may be changed by statute, but no change shall have the effect of
removing a justice from office. A chief justice shall be selected from among the justices of the
Supreme Court as provided by statute. The chief justice may resign as chief justice without
resigning from the Supreme Court. The Supreme Court by rule may sit and render final judgment
either en banc or in divisions. The court shall not declare any law unconstitutional under this
constitution or the Constitution of the United States, except on the concurrence of a majority of all
justices of the Supreme Court. If a justice of the Supreme Court is disqualified or otherwise
unable to participate in a cause before the court, the chief justice, or in the event the chief justice
is disqualified or unable to participate, the remaining justices, shall call an active judge from an
appellate court or the district court to participate in the cause.
No History for Constitution
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Last revised: Thursday, May 28, 2009