Amending Minnesota's Constitution: A Step-By-Step Guide

how to amend the minnesota constitution

The Minnesota Constitution, which was initially approved in 1857, has been amended over 100 times. The state offers two mechanisms for amending the constitution: a legislative process and a state constitutional convention. Amendments can be proposed by the legislature or a constitutional convention, and they require a simple majority or a 60% supermajority, respectively, to be ratified. The process of amending the Minnesota Constitution has been utilized numerous times since its inception, with voters most recently approving an amendment in 2024.

Characteristics Values
Date of Adoption October 13, 1857
Number of Amendments 121
Last Amendment November 5, 2024
Amendment Process Legislative process or state constitutional convention
Legislative Amendment Requirement Simple majority (50%+1)
Convention Amendment Requirement 60% supermajority
Legislative Session for Amendment Minimum of 68 votes in the House and 34 in the Senate
Restructuring Yes, in 1974 to simplify the document

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Minnesota's legislative process for amendments

Minnesota's legislative process for amending its constitution involves two mechanisms: a legislative process and a state constitutional convention. The legislative process requires a simple majority (50%+1) vote during a legislative session to place a constitutional amendment on the ballot. This equates to a minimum of 68 votes in the Minnesota House of Representatives and 34 votes in the Minnesota State Senate, assuming no vacancies.

The state constitutional convention route, on the other hand, necessitates a 60% supermajority of those voting on the amendment question. Amendments can be proposed by the legislature or through a constitutional convention, and they are then put on the ballot for voter approval.

The Minnesota Constitution has been amended numerous times since its adoption in 1857. The first two acts of the Minnesota State Legislature were amendments approved by voters in 1858, one of which authorised a loan to railroads, and the other related to the term of office for the first state officers. In 1971, a constitutional study commission was established, and after reviewing the document, it recommended that the constitution be restructured for easy reference and rewritten in modern language. This amendment was passed by the state legislature and ratified by voters in 1974.

The most recent amendment, approved by voters on November 5, 2024, was Amendment 1, demonstrating the ongoing evolution of Minnesota's governing document.

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State constitutional convention

The Minnesota Constitution was adopted on October 13, 1857, and ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union as the 32nd state. The constitution has been amended 121 times, with voters most recently approving a new amendment on November 5, 2024.

The state constitution provides two mechanisms for amending the document: a legislative process and a state constitutional convention. A state constitutional convention is a gathering of elected delegates who are tasked with proposing changes to the constitution. In the case of Minnesota, an election for a constitutional convention was held on June 1, 1857, following the passage of the Enabling Act by the U.S. Congress on February 26, 1857. This act enabled the people of Minnesota to form a state by holding an election, writing a constitution, approving it through a referendum, and submitting it to Congress for admission to the Union.

The 1857 constitutional convention in Minnesota was marked by intense political disputes between Republican and Democratic delegates, who refused to meet in the same convention and instead held separate sessions. Despite these tensions, the delegates produced two nearly identical versions of the constitution, which were approved by voters, resulting in Minnesota having two original constitutions.

Today, amendments proposed by a constitutional convention require a 60% supermajority of those voting on the amendment, while amendments proposed by the legislature require only a simple majority (50%+1). This means that for an amendment to be ratified by a convention, a larger proportion of voters must approve the change compared to a legislative amendment.

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Ratification requirements

The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention.

For amendments proposed by a convention, a 60% supermajority of those voting on the amendment is required for ratification. This is a higher threshold than for amendments proposed by the legislature, which only require a simple majority (50%+1) of those voting in the election for ratification.

To place a constitutional amendment on the ballot through the legislative process, a simple majority vote is required during one legislative session. 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 to the Minnesota Constitution can also be put on the ballot through referral by the legislature or by a constitutional convention. The current Minnesota Constitution, adopted on October 13, 1857, has been amended over 120 times, with the most recent amendment approved by voters on November 5, 2024.

In 1971, a constitutional study commission was established by the Minnesota State Legislature to review the state's 1857 constitution. After two years of studying the document, the commission recommended that 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.

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Referral by legislature

The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments can be put on the ballot through referral by the legislature or by a constitutional convention.

For an amendment to be proposed by the legislature, a simple majority vote is required during one legislative session. 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.

A constitutional convention, on the other hand, requires a 60% supermajority of those voting on the amendment question. This is a more challenging threshold to meet compared to the simple majority required for a legislative referral.

The process of amending the Minnesota Constitution has been utilized multiple times since its adoption in 1857. The current constitution has been amended 121 times, with the most recent amendment approved by voters on November 5, 2024.

In 1971, the Minnesota State Legislature established a constitutional study commission. After studying the state's constitution, the commission recommended that it be restructured for easy reference and rewritten in modern language. An amendment to revise the constitution was subsequently passed by the state legislature and ratified by voters on November 5, 1974. This amendment aimed to simplify the document and make it more accessible to modern readers.

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Constitutional history

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 United States Senate on May 11, 1858, marking the admittance of Minnesota as the 32nd state. The constitution has been amended 121 times, with the validity of some of the early laws passed by the Legislature being uncertain, although they have never been challenged in court.

The first two acts created by the legislature were amendments to the constitution, approved by voters on April 15, 1858. One 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 before ratification.

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 for easier reference. An amendment to revise the constitution was passed by the state legislature and ratified by voters on November 5, 1974.

The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Ratification of amendments proposed by a convention requires a 60% supermajority of those voting on the amendment question, while an amendment proposed by the legislature requires a simple majority (50%+1) of those voting in the election. A simple majority vote is required during one legislative session for the Minnesota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 68 votes in the Minnesota House of Representatives and 34 votes in the Minnesota State Senate, assuming no vacancies.

Frequently asked questions

The Minnesota Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments in Minnesota can be put on the ballot through referral by the legislature or by a constitutional convention.

A simple majority vote is required during one legislative session for the Minnesota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 68 votes in the Minnesota House of Representatives and 34 votes in the Minnesota State Senate, assuming no vacancies.

Ratification of amendments proposed by a convention requires a 60% supermajority of those voting on the amendment question.

Yes, the current Minnesota Constitution has been amended multiple times since its adoption on October 13, 1857. The first two acts created by the legislature were amendments to the constitution, approved by voters on April 15, 1858. One amendment authorized a loan to railroads of $5 million, and the other related to the term of office of the first state officers.

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