Omar Bennett
The Constitution of the State of Minnesota was initially approved by Minnesota Territory residents in a special election on October 13, 1857, and ratified by the United States Senate on May 11, 1858, marking Minnesota's admittance to the Union. The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority of voters was required to ratify a proposed amendment between 1858 and 1898. Amendments proposed by a convention require a 60% supermajority, while those proposed by the legislature require a simple majority of 50%+1.
| Characteristics | Values |
|---|---|
| Number of amendments approved | Nearly 120 |
| First two amendments | One authorized a loan to railroads of $5 million, and the other related to the term of office of the first state officers |
| First two amendments approved by voters | April 15, 1858 |
| First amendment | Authorized a loan to railroads of $5 million |
| Second amendment | Related to the term of office of the first state officers |
| Previous wording of the constitution | Printed in the Minnesota Legislative Manual 1973–74, pages 445–484 |
| Mechanism for amending the constitution | Legislative process and state constitutional convention |
| Ratification of amendments proposed by a convention | Requires a 60% supermajority of those voting on the amendment |
| Amendment proposed by the legislature | Requires a simple majority (50%+1) of those voting in the election |
| Minimum votes in the Minnesota House of Representatives | 68 |
| Minimum votes in the Minnesota State Senate | 34 |
| Amendment approval from 1858 to 1898 | Required a simple majority of both chambers of the legislature and then ratified by a simple majority of voters at the next general election |
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What You'll Learn
Legislative process
The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. The legislative process is the more common method, with nearly 120 amendments having been approved since the constitution's initial ratification in 1857.
From 1858 until 1898, the Minnesota Constitution required that a proposed amendment be approved by a simple majority of both chambers of the legislature and then ratified by a simple majority of voters at the next general election. This process was utilised in 1858 when the first two acts passed by the legislature were proposed amendments to the constitution. One amendment authorised a $5 million loan to railroads, and the other related to the term of office of the first state officers. These amendments were ratified by voters at a special election held on April 15, 1858.
In 1971, the Minnesota State Legislature established a constitutional study commission. After studying the state's 1857 constitution, the commission recommended it be restructured for easy reference and rewritten in modern language. An amendment to revise the constitution was passed by the state legislature and ratified by voters on November 5, 1974. This amendment did not alter the meaning of the constitution but simplified the document, making it more accessible to modern readers.
Today, a simple majority vote is still required during one legislative session for the Minnesota State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 68 votes in the Minnesota House of Representatives and 34 votes in the Minnesota State Senate, assuming no vacancies. Amendments proposed by the legislature require a simple majority (50%+1) of those voting in the election. Notably, amendments do not require the governor's signature to be referred to the ballot.
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State constitutional convention
The Minnesota Constitution was formed in 1857, when Republican and Democratic delegates were elected to the constitutional convention. However, due to intense political disputes, the two parties held separate sessions, with the Republicans presided over by John W. North and later by St. Andrew D. Balcombe, and the Democrats by Henry H. Sibley.
The two groups wrote separate versions of the constitution, which were submitted to the voters of the state as required by the Enabling Act. Both versions were approved, resulting in Minnesota having two original constitutions. The constitution was then ratified by the United States Senate on May 11, 1858, marking Minnesota's admittance to the Union.
The Minnesota Constitution has not undergone significant revision since its implementation, although there have been periodic proposals for a constitutional convention. Amendments to the constitution were made as recently as 2024, and nearly 120 amendments have been approved since its inception.
From 1858 until 1898, the process of amending the constitution required a proposed amendment to be approved by a simple majority of both chambers of the legislature. This was then put to a simple majority of voters at the next general election, who voted 'yes' or 'no' on the proposed amendment.
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Voters' approval
The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. The process for amending the Minnesota Constitution has evolved over time, but voter approval has always been a crucial aspect of the amendment process.
From 1858 until 1898, the Minnesota Constitution required that a proposed amendment be approved by a simple majority of both chambers of the legislature and then ratified by a simple majority of voters at the next general election. This meant that a majority of voters who participated in the election had to vote "yes" on the proposed amendment for it to be ratified. The total number of voters who cast ballots at the election did not determine whether an amendment was approved or rejected.
The first two acts passed by the legislature after the constitution was ratified in 1857 were proposed amendments. One amendment authorised a loan of $5 million to railroads, while the other related to the term of office of the first state officers. These amendments were ratified by voters at a special election held on April 15, 1858, demonstrating the early importance of voter approval in the amendment process.
In more recent times, the process for amending the constitution has included the establishment of constitutional study commissions. For example, in 1971, the Minnesota State Legislature created a commission to study the constitution and make recommendations. After reviewing the document for two years, the commission recommended that the constitution be amended to rewrite it in modern language and improve its structure for easy reference. This led to an amendment that was passed by the state legislature and ratified by voters on November 5, 1974.
While the specific procedures and requirements for voter approval may have evolved, the involvement of Minnesota voters in the amendment process has been a consistent feature of the Minnesota Constitution's history.
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Congress approval
The process of amending the Minnesota Constitution involves two primary mechanisms: a legislative process and a state constitutional convention. The Minnesota Constitution was initially approved by the residents of Minnesota Territory on October 13, 1857, and subsequently ratified by the United States Senate on May 11, 1858, marking the state's admittance to the Union.
From 1858 until 1898, the process of amending the constitution required the approval of a simple majority in both chambers of the legislature. Following this, a simple majority of voters at the next general election would ratify the amendment by voting "yes" or "no." It is important to note that the total number of voters casting ballots at the election did not determine the fate of the amendment.
In the context of Congress approval, it is essential to understand the historical context. The Minnesota Constitution was submitted to the United States Senate for ratification in December 1857. During this process, a certified copy of the Democratic constitution was provided by the territorial secretary, a Democrat. However, when the bill was reported back, it was accompanied by the Republican constitution. Ultimately, it is believed that Congress had both constitutions before them when they approved Minnesota's admission to the Union on May 11, 1858. Interestingly, the constitution ratified by Congress included amendments and differed from the original version approved by voters in 1857.
The first two acts passed by the Minnesota Legislature were proposed amendments to the constitution. One amendment authorized a $5 million loan to railroads, while the other addressed the term of office for the first state officers. These amendments were ratified by voters on April 15, 1858, before the act of Congress that admitted Minnesota to the Union.
In more recent times, the process of amending the constitution has continued to evolve. In 1971, the Minnesota State Legislature established a constitutional study commission to review the 1857 constitution. This commission recommended restructuring the document for easier reference and rewriting it in modern language. As a result, an amendment to revise the constitution was passed by the state legislature and ratified by voters on November 5, 1974.
In conclusion, while the process of amending the Minnesota Constitution has evolved since its inception, Congress approval played a pivotal role in the state's admittance to the Union and the initial establishment of its constitution. The amendments proposed by the Minnesota Legislature and ratified by voters have shaped the state's legal framework, with Congress ultimately approving the amended constitution in 1858.
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Amendments since 1857
The Constitution of the State of Minnesota was initially approved by the residents of Minnesota Territory in a special election on October 13, 1857, and was ratified by the US Senate on May 11, 1858, marking the admittance of Minnesota to the Union. The Minnesota Constitution has provided two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention.
From 1858 until 1898, the Minnesota Constitution required that a proposed amendment be approved by a simple majority of both chambers of the legislature and then ratified by a simple majority of voters at the next general election. The first two acts passed by the legislature were proposed amendments to the constitution. One amendment authorized a loan of $5 million to railroads, and the other related to the term of office of the first state officers. These amendments were ratified by the voters at a special election on April 15, 1858.
In 1971, the Minnesota State Legislature established a constitutional study commission. After studying the state's 1857 constitution, the commission recommended it be restructured for easy reference and rewritten in modern language. An amendment to revise the constitution was passed by the state legislature and ratified by voters on November 5, 1974. Nearly 120 amendments have been approved, 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.
Other notable amendments include the 1990 case of State v. Hershberger, which affirmed more expansive protections for Minnesotans' freedom of religion than the First Amendment's Free Exercise Clause. In 1994, in Ascher v. Commissioner of Public Safety, the court held that DWI sobriety checkpoints were unconstitutional under Article 1, Section 10, despite being allowed under the Fourth Amendment. An amendment approved in November 1998 increased the sales and use tax rate by three-eighths of one per cent from July 1, 2009, until June 30, 2034, with receipts dedicated to outdoor heritage and clean water funds.
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Frequently asked questions
The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments proposed by a convention require a 60% supermajority of those voting on the amendment question, while amendments proposed by the legislature require a simple majority (50%+1) of those voting in the election.
The first two acts passed by the legislature were proposed amendments to the constitution. One amendment authorized a loan of $5 million to railroads, and the other related to the term of office of the first state officers. These amendments were ratified by the voters at a special election held on April 15, 1858.
Nearly 120 amendments have been approved, often multiple at once.
