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BY: MEGAN NOE
ANCHOR: BLAKE HANSON

You're watching multisource US video news analysis from Newsy. 

In 2012, North Dakota may finally join the U.S. as the 50th state. And if you thought that happened 122 years ago? Think again.

An 82-year-old Grand Forks man has found a constitutional flaw that may mean North Dakota is still a territory. MSNBC’s Rachel Maddow says it all boils down to one missing word.

“The North Dakota constitution, in its Article Eleven, calls for lawmakers and judges to take the oath of office. Lawmakers and judges only-- no mention of the executive branch. So even though the North Dakota governor does also take the oath, he is not required to by the state constitution, even though the U.S. Constitution says he must be. This presents a problem. Under our federalist system, the federal constitution wins in a conflict like this." 

And it turns out care home resident John Rolczynski has spent 16 years trying to get someone’s attention on the issue, says Fargo’s KVLY.

“Rolczynski says he’s been trying since the 1990s to get someone to listen to him and fix the problem put in place by the state’s founding fathers. Finally, this spring Senator Tim Mathern of Fargo introduced a bill to fix the constitution’s wording. North Dakota voters will need to approve the constitutional amendment in November of next year.
JOHN ROLCZYNSKI: “I’m glad that I was able to see this thing corrected. It took 16 years for me since 1995 to see the efforts completed." 

Now, Rolczynski’s fellow statesmen-- or is it territory-men?-- aren’t the only ones paying attention.
But the BBC says North Dakota’s statehood is safe-- at least according to one constitutional expert.

“Congress approved North Dakota as a state, so theoretically Congress would need to take the decision to disapprove it as a state. I can sympathise with those wishing to escape the oppressive influence of central government, but a mistake in the North Dakota constitution is not enough to declare it an independent country. I wouldn't go remaking the US flag any time soon."

Though experts say North Dakotans aren’t free from federal taxes just yet, one Gather blogger has some financial concerns.

“So, how long will it be until someone claims all the monetary benefits North Dakota has received from the federal government be repaid? You can bet that rather than smile about the oversight and thank Mr. Rolczynski for finding the error, somehow, somewhere, there will be an effort to squeeze some cash out of the state." 

But whether Rolczynski is right or wrong, a blogger for The New American says it’s nice to see people still care.

“Conservative analysts say it's nice to see someone who takes constitutions seriously. If more Americans did so — and, like Rolczynski, pestered their elected officials to follow their lead — the United States and many state governments would not be the bloated, debt-ridden, micromanaging behemoths that they are today." 

Next up for 82-year-old Rolczynski? Contesting another constitutional flaw he believes he’s found-- regarding the state’s eastern border.

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Transcript by Newsy.