Simone Lawson
The Minnesota Constitution has existed for almost 160 years and has undergone various changes. The state initially had two original constitutions due to the intense political divide between the Republican and Democratic delegates during the drafting process. Since then, the constitution has undergone periodic amendments, with nearly 120 amendments approved, including a significant reorganisation in 1974 to simplify the document. The constitution has not undergone any significant revisions, although there have been proposals for a constitutional convention. This paragraph introduces the topic of the different versions of the Minnesota Constitution and provides an overview of its evolution.
| Characteristics | Values |
|---|---|
| Number of different versions | 2 |
| Date of election to approve the constitution | October 13, 1857 |
| Ballot result | 30,055 for acceptance and 571 for rejection |
| Number of amendments approved | ~120 |
| Major amendments | 1974 amendment to simplify the document |
| Date of submission to the U.S. Senate for ratification | December 1857 |
| Date of statehood | May 11, 1858 |
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What You'll Learn
The Minnesota Constitution of 1858
In 1857, an election was held to choose delegates for a constitutional convention to draft the Minnesota Constitution. The election took place on June 1, 1857, and both Republican and Democratic delegates were chosen. However, the bitterness between the two parties was so intense that they refused to meet in the same convention. As a result, separate sessions were held in different rooms of the first capitol building in St. Paul. The Democratic convention was presided over by Henry H. Sibley, who later became the first governor of Minnesota, while the Republican convention was first presided over by John W. North and later by St. Andrew D. Balcombe.
Despite the political divide, the delegates were able to draft a constitution that was acceptable to both parties. On August 28, 1857, the report of the conference committee was adopted without amendment by both conventions. However, the bitter feelings remained, and neither party was willing to sign a constitution that bore the signatures of the other. To resolve this, two separate constitutions were created: one written on white paper and signed only by Republicans, and the other written on blue paper and signed only by Democrats.
Both constitutions were submitted to the voters of Minnesota Territory, and an election was held on October 13, 1857, to approve the constitution(s). The ballots were printed to provide only for affirmative votes, making it more difficult for voters to reject the constitution(s). The result was overwhelmingly in favour of acceptance, with 30,055 votes for and 571 against.
The Democratic version of the constitution was transmitted to Washington, D.C., to be ratified by the Senate, but when the bill was returned to Minnesota, the Republican version was attached. There is evidence to suggest that both versions were available to Congress members during the ratification process. On May 11, 1858, Minnesota was admitted to the Union, and it appears that the constitution approved by Congress was an amended version that incorporated elements of both the Republican and Democratic constitutions.
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Republican and Democratic versions
The Minnesota Constitution was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. The constitution has served for almost 160 years and has not undergone significant revision, although there have been periodic proposals for a constitutional convention and nearly 120 amendments have been approved.
The history of the Minnesota Constitution dates back to the mid-19th century when Minnesota was seeking statehood. In 1857, tensions between Democratic and Republican delegates during the constitutional convention in St. Paul led to the creation of two separate versions of the constitution. The Democratic delegates, led by Henry H. Sibley, and the Republican delegates, led by John W. North and later St. Andrew D. Balcombe, refused to meet in the same convention due to intense political differences.
The two groups drafted their own constitutions, with the Republican version calling for universal male suffrage. The Republican constitution was drafted by William Winthrop, a Yale Law graduate, abolitionist, and leading scholar of military law. Despite the separate drafting processes, the two documents were almost identical, differing only in spelling, grammar, and style.
Both versions were submitted to the voters of Minnesota Territory as required by the Enabling Act, and both were approved in the October 13, 1857, election, resulting in Minnesota having two original constitutions. The ballots used in this election were designed to favour affirmative votes, and the final tally showed overwhelming support for the constitutions.
The Democratic version was sent to Washington, D.C., by the territorial secretary, a Democrat, to be ratified by the Senate. Evidence suggests that a copy of the Republican version was also sent, and both versions were likely available to Congress members. The Minnesota State Legislature convened before the constitution was officially ratified, and the state was admitted to the Union on May 11, 1858, with both constitutions before Congress.
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Amendments and revisions
The Minnesota Constitution has served the state for almost 160 years and has undergone periodic amendments but not significant revision. There were two original versions of the constitution, one drafted by each of the Republican and Democratic parties, which were nearly identical, differing only in spelling, grammar, and style. Both were approved by voters in the state and submitted to Congress, and Minnesota was admitted to the union in 1858.
The first two acts passed by the legislature were proposed amendments to the constitution, which were ratified by voters in a special election in 1858. One amendment authorized a loan of $5 million to railroads, and the other related to the term of office of the first state officers. It is believed that the constitution was amended twice more prior to ratification.
In 1920, the Babcock Amendment authorized 70 "constitutional route" (CR) highways across the state. These were enumerated in the constitution until a modification in 1974, after which they were listed in the Minnesota Statutes. In 1971, the legislature created a commission to study the constitution and make recommendations to maintain its utility. The commission recommended that the constitution be amended to rewrite it in modern language and allow for easier reference. This amendment was approved by voters in 1974. Nearly 120 amendments have been approved, with perhaps the most significant being the reorganization in 1974 to simplify the document and make it more accessible to modern readers.
According to the constitution, two-thirds of the members elected to each house of the legislature may submit to the electors at a general election the question of calling a convention to revise the constitution. If a majority of electors vote for a convention, the legislature shall provide by law for calling one. The convention shall consist of as many delegates as there are members of the house of representatives, and delegates shall be chosen in the same manner. A convention to revise the constitution must submit any revision to the people for approval or rejection at the next general election held not less than 90 days after submission. If three-fifths of electors vote to ratify the revision, it becomes part of the constitution.
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Ratification
The Minnesota Constitution has existed in two original versions, with the state's current constitution having served for almost 160 years without significant revision. The two original constitutions came about due to the intense political cleavage between the Republican and Democratic delegates during the constitutional convention of 1857. The two parties refused to meet in the same convention, instead holding separate sessions in different rooms. This resulted in two constitutions: one drafted by Republicans, calling for universal male suffrage, and the other by Democrats. The two documents were nearly identical, with only minor differences in spelling, grammar, and style.
Both versions were approved by voters in the state and submitted to the United States Senate for ratification in December 1857. The certified copy of the Democratic constitution was transmitted to the Senate by the territorial secretary, a Democrat, and attached to the bill for Minnesota's admission into the union. However, when the bill was returned, the Republican constitution was attached. There is evidence that both constitutions were available to Congress members during the ratification process, and both were ratified by Congress when Minnesota was admitted to the union on May 11, 1858.
The Minnesota Constitution has been amended numerous times since its adoption. It is believed that the constitution was amended twice before ratification, and nearly 120 amendments have been approved since. The most significant amendment occurred in 1974 when the constitution was reorganised to simplify the document and make it more accessible to modern readers. This amendment did not alter the meaning of the constitution, but it updated the language and allowed for easier reference.
The process of amending the Minnesota Constitution is outlined in the constitution itself. Two-thirds of the members elected to each house of the legislature can submit a question of calling a convention to revise the constitution to the electors at a general election. If a majority of electors vote for a convention, the legislature must provide for calling one. The convention consists of delegates chosen in the same manner as members of the house of representatives, and any revisions must be submitted to the people for approval or rejection at the next general election. If three-fifths of the electors vote to ratify the revision, it becomes part of the constitution.
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Enabling Act of 1857
The Enabling Act of 1857, officially titled "An Act to Authorize the People of the Territory of Minnesota to Form a Constitution and State Government, Preparatory to their Admission into the Union on an Equal Footing with the Original States", was passed by the U.S. Congress on February 26, 1857. This act authorized the people of Minnesota to form a state constitution and government, with the aim of joining the Union as a state.
Following the passage of the Enabling Act, an election was held on June 1, 1857, to choose Republican and Democratic delegates for the constitutional convention. The convention took place in St. Paul, with the two parties meeting separately due to intense political rivalry. The Republicans, led by abolitionist William Winthrop, advocated for universal male suffrage and an end to slavery, while the Democrats were the more established party in the territory.
The Compromise Committee, composed of five members from each party, proposed language that was eventually accepted by both sides. However, the two groups refused to sign the same document, resulting in two versions of the Minnesota Constitution: one drafted on white paper and signed by Republicans, and the other signed by Democrats. These constitutions differed in punctuation, grammar, and wording, but their meanings were the same.
In October 1857, voters in Minnesota approved the constitution with an overwhelming majority. The Democratic version was initially sent to the U.S. Senate for ratification, but when the bill returned, the Republican version was attached. In May 1858, Congress admitted Minnesota as a state, recognizing both constitutions. Thus, Minnesota had two original constitutions when it joined the Union.
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Frequently asked questions
There were two original versions of the Minnesota Constitution, one drafted by Republicans and the other by Democrats.
The two parties refused to meet in the same convention, and each party held separate sessions in different rooms of the first capitol building. The bitterness between the two parties was so intense that they refused to sign a constitution that bore the signatures of the other party.
The two documents were almost identical, with only minor differences in spelling, grammar, and style.
The Minnesota Constitution was submitted to the United States Senate for ratification in December 1857. Both constitutions were before Congress when Minnesota was admitted to the Union on May 11, 1858.
Yes, the Minnesota Constitution has been amended numerous times since its adoption. Nearly 120 amendments have been approved, with a significant reorganisation in 1974 to simplify the document and make it more accessible to modern readers.
