Difference between revisions of "Minnesota Constitution"

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{{MNConstitution}}{{tnr}}The '''Constitution of the State of Minnesota''' is a [[state constitution]] and the fundamental governing document of the state of [[Minnesota]].   
 
{{MNConstitution}}{{tnr}}The '''Constitution of the State of Minnesota''' is a [[state constitution]] and the fundamental governing document of the state of [[Minnesota]].   
==Features==
 
===Bill of rights===
 
A bill of rights is featured prominently in the constitution as [[Article I, Minnesota Constitution|Article I]].  There are currently 17 sections, including many that echo the [[amendment]]s to the [[United States Constitution]].  Some of these are provisions for trial by jury, prohibition against unreasonable search and seizure and due process of law.
 
===The Legislature===
 
Amongst other rules, the [[state legislature]] may not meet "after the first Monday following the third Saturday in May of any year."<ref name="mn">[https://www.revisor.leg.state.mn.us/constitution/ ''Minnesota State Legislature'', "Constitution of the State of Minnesota", accessed March 28, 2014]</ref> This has the effect of halting the state government if the budget hasn't been passed by then, as happened in 2005. Also, similar to the [[Tennessee Constitution|Tennessee State Constitution]], bills brought before the legislature may deal with only one subject.
 
===Transportation===
 
[[Article XIV, Minnesota Constitution|Article XIV]] of the constitution is dedicated to discussing the public highway system of the state and the methods of funding. It authorizes a trunk highway system overseen by the state and methods of funding roadways overseen by smaller political divisions within Minnesota. Sections 4 and 5 in [[Article X, Minnesota Constitution|Article X]] also describe the taxation of fuel and vehicles used in relation to airborne transportation, including aircraft and supplemental vehicles.
 
 
In 1920, the Babcock Amendment authorized 70 "constitutional route" (CR) highways criss-crossing the state. Until the 1974 modification of the constitution, these were enumerated in the document itself, though today they are listed in the Minnesota Statutes (&sect;161.114).  Still, the general routes cannot be altered or removed without amending the constitution and are therefore somewhat fixed. In many cases, the constitutional route numbers do not match highway numbers. In fact, it has been common for CR highways to be composed of several different trunk highways. When the U.S. Highway system was created in 1926, many of these roads were made up of one or more U.S. highways.  Today, they now use a mix of Minnesota state highways, U.S. highways, and Interstate highways.
 
 
There is some ambiguity in how literally the Minnesota Department of Transportation must interpret the constitutional routes.  In some cases, the routes no longer directly serve communities they were once designated for but are routed along nearby interstates instead.
 
 
The strong support given to automobile and aircraft transportation is often criticized by advocates of public transportation (buses, light rail, etc.), which they believe is inappropriately funded. While highways have a consistent source of money, Metro Transit has had to frequently petition the legislature for funding.
 
 
 
==[[Preamble, Minnesota Constitution|Preamble]]==
 
==[[Preamble, Minnesota Constitution|Preamble]]==
 
: ''See also: [[Preambles to state constitutions]]''
 
: ''See also: [[Preambles to state constitutions]]''

Revision as of 13:52, 18 June 2014

Minnesota Constitution
Seal of Minnesota.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
The Constitution of the State of Minnesota is a state constitution and the fundamental governing document of the state of Minnesota.

Preamble

See also: Preambles to state constitutions

The preamble to the constitution states:

We, the people of the state of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution."[1]

Article I

Article I of the Minnesota Constitution is entitled "Bill of Rights" and consists of 17 sections.

Article II

Article II of the Minnesota Constitution is entitled "Name and Boundaries" and consists of two sections.

Article III

Article III of the Minnesota Constitution is entitled "Distribution of the Powers of Government" and consists of one section.

Article IV

Article IV of the Minnesota Constitution is entitled "Legislative Department" and consists of 26 sections.

Article V

Article V of the Minnesota Constitution is entitled "Executive Department" and consists of seven sections.

Article VI

Article VI of the Minnesota Constitution is entitled "Judiciary" and consists of 13 sections.

Article VII

Article VII of the Minnesota Constitution is entitled "Public Highway System" and consists of nine sections.

Article VIII

Article VIII of the Minnesota Constitution is entitled "Impeachment and Removal from Office" and consists of six sections.

Article IX

Article IX of the Minnesota Constitution is entitled "Amendments to the Constitution and consists of three sections.

Article X

Article X of the Minnesota Constitution is entitled "Taxation" and consists of eight sections.

Article XI

Article XI of the Minnesota Constitution is entitled "Appropriations and Finances" and consists of 15 sections.

Article XII

Article XII of the Minnesota Constitution is entitled "Special Legislation; Local Government" and consists of five sections.

Article XIII

Article XIII of the Minnesota Constitution is entitled "Miscellaneous Subjects" and consists of 12 sections.

Article XIV

Article XIV of the Minnesota Constitution is entitled "Public Highway System" and consists of 13 sections.

Amending the constitution

See also: Article IX, Minnesota Constitution and Amending state constitutions

The Minnesota Constitution can be amended via two different paths:

  • Through a legislatively-referred constitutional amendment as established in Section 1 of Article IX. These can be proposed in either chamber of the Minnesota State Legislature. Proposed amendments must be agreed to by a majority of the members of each chamber of the legislature. Elections on proposed constitutional amendments can only occur on a general election date. Proposed amendments on different subjects must be split into more than one proposed amendment.
  • Through a constitutional convention as established in Section 3 of Article IX. For a constitutional convention question to go on the Minnesota ballot, 2/3rds of the members of each chamber of the Minnesota legislature must vote in favor. Any amendments that are proposed by a constitutional convention must go before the state's voters and there, must be approved by a 60% supermajority vote.
  • A unique feature of Minnesota's law is that it takes a higher percentage vote (60%) to approve amendments proposed by a constitutional convention than amendments proposed by the legislature.

History

An election in the Minnesota Territory to select Republican and Democratic delegates to a state constitutional convention was held on June 1, 1857, following passage of an enabling act by the U.S. Congress on February 26, 1857 ("The Enabling Act for a State of Minnesota"). The convention was held in Saint Paul from July 13 to August 29, 1857. However, the divisions between the two political parties were so great that they each held their own separate conventions and never met together, aside from five people from each party who met in a conference committee to create a document acceptable to both sides. Still, the tension was so extreme that delegates would not sign anything that had previously been signed by a member of the complementary convention.[2]

In the end, each convention signed their own copies of the document. The two were essentially identical but had about 300 differences in punctuation, grammar and wording because of errors in transcription produced as copyists worked late into the night on August 28, 1857. The Republican version, written on white paper, ran 39 pages and was signed by 53 delegates, while the Democratic version, written on blue-tinged paper, was 37 pages long and had 51 signatures.

The Minnesota Constitution was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857 (30,055 votes for acceptance and 571 votes for rejection), and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. Nearly 120 amendments have been approved (often multiple items at once), with perhaps the most significant being a reorganization in 1974 to simplify the document, making it easier for modern readers to comprehend and reducing the extensive verbiage. It is believed that the constitution was even amended twice prior to ratification.[2]

The first two acts created by the legislature were amendments to the constitution, and they were approved by voters on April 15, 1858. One authorized a loan to railroads of $5 million, and the other related to the term of office of the first state officers. Amended constitutions were apparently the ones viewed by Congress during the ratification process. The validity of the early laws passed by the Legislature is somewhat in doubt, although they have never been challenged in court.[2]

1974 alteration

In 1971, the legislature created a commission to study the constitution and make recommendations to maintain its utility. After reviewing the document for two years, it was recommended that the constitution be amended to rewrite it in modern language and allow easier reference. The amendment was approved by voters on November 5, 1974. This did not alter the meaning of the constitution, although if there is a case where meaning is ambiguous, the original document remains the final authority.[2]

The earlier wording of the constitution, including all of the amendments approved since adoption in 1857, is printed in the Minnesota Legislative Manual 1973–74, pages 445–484.

See also

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External links

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Suggest a link

Additional reading

References

  1. Cite error: Invalid <ref> tag; no text was provided for refs named mn
  2. 2.0 2.1 2.2 2.3 Minnesota SOS, "SOS Notes on Historical Documents", accessed March 28, 2014