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Creation and ratification
An election in 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 of that year ("The Enabling Act for a State of Minnesota"). The convention was held in Saint Paul from July 13 to August 29. 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.
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. 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.
On October 13, an election to approve the constitution was held. Ballots only provided for an affirmative answer, which probably reduced the number of negative votes since doing so required altering the ballot. The tally was 30,055 for acceptance and 571 for rejection.
The territorial secretary, a Democrat, sent a certified copy of the Democratic version to Washington, D.C. to be ratified by the Senate. A copy of the Republican version was also sent by an unknown party, and there is good historical evidence to show that both versions were available to Congress members. Additionally, the Republican version was sent with the bill returned to Minnesota.
The Minnesota State Legislature began to convene before the constitution was ratified, although officials elected to other positions such as governor did not begin acting in their official roles until later. 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.
- See also: Preambles to state constitutions
The preamble to the constitution is:
- 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.
Article I. Bill of rights
Article II. Name and boundaries
Article III. Distribution of the powers of government
Article IV. Legislative department
Article V. Executive department
Article VI. Judiciary
Article VII. Elective franchise
Article VIII. Impeachment and removal from office
Article IX. Amendments to the constitution
Article X. Taxation
Article XI. Appropriations and finances
Article XII. Special legislation; local government
Article XIII. Miscellaneous subjects
Article XIV. Public highway system
Bill of rights
A bill of rights is featured prominently in the constitution as Article I. There are currently seventeen sections, including many that echo the amendments 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.
Amongst other rules, the state legislature may not meet "after the first Monday following the third Saturday in May of any year." 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 State Constitution, bills brought before the legislature may deal with only one subject.
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 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 cris-crossing the state. Until the 1974 modification of the constitution (see section below), these were enumerated in the document itself, though today they are listed in the Minnesota Statutes (§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.
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.
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.
Amending the constitution
The Minnesota Constitution can be amended via two different paths:
- Through an 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.
- Wikisource: Constitution of the State of Minnesota
- Minnesota State Constitution on one page
- Minnesota State Constition in multiple pages
- Amendments to Minnesota's Constitution proposed to the voters since 1858 (PDF)
- The Enabling Act for a State of Minnesota (PDF)
- Minnesota Historical Society: Minnesota's Constitution(s)
- Minnesota Statutes 161.114 Constitutional trunk highways
- Secretary of State's Note: Minnesota State Constitution. Minnesota Secretary of State.
- Steve Riner (January 12, 2003). Legal Basis for Establishment of Minnesota Trunk Highways. The Unofficial Minnesota Highways Page.