Minnesota Constitution: Three Branches, One Government

is the minnesota constitution divided in 3 branches

The Minnesota Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and ratified by the United States Senate on May 11, 1858, marking Minnesota's admittance to the Union as the 32nd state. The constitution has been amended numerous times, with nearly 120 amendments approved, including a significant reorganization in 1974 to simplify the document and make it more accessible to modern readers. One key aspect of the Minnesota Constitution is its division of powers into three distinct branches: the legislative, executive, and judicial branches. This separation of powers provides a framework for the state's governance and helps to ensure a balance of power.

Characteristics Values
Date of adoption October 13, 1857
Date of ratification May 11, 1858
Number of amendments Nearly 120
Most significant amendment 1974 reorganization to simplify the document
Number of sections in Article I 17
Title of Article V Executive Department
Number of sections in Article V 7
Title of Article VI Judiciary
Number of sections in Article VI 13
Title of Article VII Elective Franchise
Number of sections in Article VII 9
Title of Article VIII Impeachment and Removal from Office
Number of sections in Article VIII 6

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The Minnesota Constitution was adopted on October 13, 1857

The road to statehood began with the Organic Act of Minnesota, passed by Congress in 1848, which established the territory and provided for its government. This act served as the constitution for the territory from June 1849 until May 1858. The capital of the Minnesota Territory was St. Paul, which later became the permanent state capital. The territory was governed by an appointed governor and secretary and had an appointed judicial system, as well as a legislative assembly consisting of a nine-member council and an eighteen-member house of representatives.

In 1857, an enabling act was passed by Congress, authorizing the people of Minnesota to form a state by holding an election for a constitutional convention, drafting and approving a constitution, and submitting it to Congress for admission to the Union. The election for the constitutional convention was held on June 1, 1857, and the convention took place in Saint Paul from July 13 to August 29, 1857. However, due to the intense political divisions between Republicans and Democrats, the two parties held separate conventions, and the final work was done through a conference committee composed of five members from each party.

The report of the conference committee was adopted without amendment by both conventions on August 28, 1857. However, the bitter feelings between the parties remained, and they refused to sign the same document. The special election held on October 13, 1857, allowed voters to accept or reject the constitution, with the ballots printed for affirmative votes only. The constitution was approved by a vote of 30,055 to 571.

Following the election, the Minnesota Constitution was submitted to the United States Senate for ratification in December 1857. It is believed that the constitution was amended twice before its ratification by Congress on May 11, 1858. The original constitution adopted by the voters in 1857 has undergone numerous amendments, with nearly 120 amendments approved since its adoption. One of the most significant amendments occurred in 1974, when the constitution was reorganized to simplify the document and make it more accessible to modern readers.

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The constitution was amended twice before ratification

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.

It is believed that the constitution was amended twice before its ratification in 1858. This is because, at the election of October 13, 1857, voters elected executive, legislative, and judicial officers in addition to voting on the constitution. The state officers waited for the act of Congress before assuming office, but the legislature took a contrary view and convened on December 3, 1857, arguing that under the enabling act, statehood began when the voters approved the constitution.

The process of drafting the constitution was marked by intense bitterness between Republican and Democratic delegates, who refused to meet in the same convention. As a result, two separate constitutions emerged: one written on white paper and signed only by Republicans, and the other written on yellow paper and signed only by Democrats. This impasse was resolved through a conference committee composed of five conferees from each convention, which drafted a constitution acceptable to both parties. On August 28, 1857, the report of the conference committee was adopted without amendment by both parties.

However, the bitter feelings between the two parties persisted, and they still refused to sign an instrument that bore the signatures of the other party. This resulted in two constitutions being presented to Congress when Minnesota was admitted to the Union: the Republican constitution and the Democratic constitution. The constitution ratified by Congress was not the original constitution drafted in 1857, but the Republican constitution.

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The constitution was ratified by the US Senate on May 11, 1858

The Constitution of the State of Minnesota was ratified by the US Senate on May 11, 1858, marking its admittance to the Union. The road to statehood for Minnesota was a long and complex one, with the territory being passed between different hands and undergoing various forms of governance.

The region that became Minnesota was originally inhabited by Native American tribes, including the Dakota and Ojibwe. In the early 19th century, the United States government began to exert control over the area, establishing military forts and negotiating treaties with the Native American tribes.

In 1846, Iowa became a state, leaving the area that is now Minnesota as an unorganized territory. The settlers in the area petitioned Congress to establish a new territory, and in response, Congress passed the Organic Act of Minnesota in 1849, which established the Minnesota Territory and provided for its government. The capital of the territory was established at St. Paul.

The Minnesota Territory was governed by an appointed governor and secretary and had an elected legislative assembly and an appointed judicial system. The boundaries of the territory included the eastern half of the present-day states of North and South Dakota, extending to the Missouri River.

In 1857, delegates from the Republican and Democratic parties were elected to a constitutional convention to draft a constitution for the proposed state of Minnesota. However, the two parties refused to work together due to intense political differences, and each party held separate sessions. As a result, two separate constitutions were drafted and submitted to Congress for ratification.

The constitution that was ultimately ratified by Congress on May 11, 1858, was an amended version that incorporated changes proposed by the state legislature and approved by the voters. This constitution established the state of Minnesota and outlined its form of government, including the division of powers into three distinct branches: legislative, executive, and judicial.

The process of achieving statehood for Minnesota highlights the complex political dynamics of the time and the important role played by the US Congress in shaping the governance of new states. The ratification of the Minnesota Constitution on May 11, 1858, marked a significant step in the state's history and set the foundation for its future development.

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The constitution has been amended nearly 120 times

The Constitution of the State of Minnesota has been amended nearly 120 times. The residents of Minnesota Territory initially approved the constitution in a special election on October 13, 1857, and it was ratified by the United States Senate on May 11, 1858, marking Minnesota's admittance into the Union as the 32nd state.

The process of amending the Minnesota Constitution has evolved over time. From 1858 to 1898, a proposed amendment needed to 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. In recent times, there are two mechanisms for amending the constitution: a legislative process and a state constitutional convention. A legislative process requires a simple majority (50%+1) vote during one legislative session to place the amendment on the ballot, while a constitutional convention requires a 60% supermajority of those voting on the amendment question.

The amendments to the Minnesota Constitution have covered a range of topics, including the Bill of Rights, the name and boundaries of the state, the distribution of powers within the government, and the establishment of a legislative assembly and a judicial system. One significant amendment was passed in 1974 to simplify the document and make it more accessible to modern readers. This amendment reorganised the constitution and reduced the extensive verbiage.

The most recent amendment to the Minnesota Constitution, as of November 5, 2024, is Amendment 1, which continues to provide lottery revenue to the Environment and Natural Resources Fund through December 31, 2050. This amendment has appropriated over $900 million for the protection, conservation, and enhancement of the state's natural resources, including air, water, land, and wildlife.

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The constitution includes a Bill of Rights

The Constitution of the State of Minnesota was initially approved by its residents 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 to the Union as the 32nd state. The constitution was drafted by Republican and Democratic delegates who refused to meet in the same convention due to intense bitterness between the two parties. As a result, two separate constitutions were drafted, one by each party. The final document was produced by a conference committee composed of five conferees from each convention, and it was adopted without amendment by both parties. However, the Democrats refused to sign a document that bore Republican signatures, and vice versa, so two constitutions were created, one written on white paper and signed only by Republicans.

The Minnesota Constitution has been amended numerous times, with nearly 120 amendments approved, often multiple at once. The most significant amendment was 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 made it easier to understand and reference.

> "The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right."

This can be compared to the First Amendment to the US Constitution, which states:

> "Congress shall make no law...abridging the freedom of speech, or of the press."

Despite the affirmative protections of Section 3, the Minnesota Supreme Court has generally followed the position of most states, rejecting a unique interpretation of the state Bill of Rights. The Minnesota Supreme Court has the final authority over how the Bill of Rights is interpreted, and its conflicting signals have caused some confusion.

Other sections of the Bill of Rights include the right to trial by jury, the prohibition of excessive bail or unusual punishments, and freedom of conscience without preference to any religious establishment. These rights are in addition to those outlined in the US Constitution, with the state Bill of Rights enumerating rights without denying or impairing others retained by the people.

Frequently asked questions

The Minnesota Constitution was adopted on October 13, 1857.

The Minnesota Constitution was amended in 1974.

The Minnesota Constitution is divided into three distinct branches: the legislative, the executive, and the judicial.

The Bill of Rights is featured as Article I of the Minnesota Constitution and consists of seventeen sections, including the liberty of the press, trial by jury, and freedom of conscience.

A simple majority vote is required during a legislative session for the Minnesota State Legislature to place a constitutional amendment on the ballot. Ratifying an amendment requires a simple majority "Yes" vote from all voters casting a ballot in the election.

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