Understanding Minnesota's Constitution: Its Purpose And Function

what is the purpose of the minnesota constitution

The Constitution of the State of Minnesota was approved by Minnesota residents in 1857 and ratified by the US Senate in 1858, marking Minnesota's admittance to the Union. The constitution has been amended nearly 120 times, with the most significant revision in 1974 to simplify the document and make it more accessible to modern readers. The purpose of the Minnesota Constitution is to establish a government that secures the civil and religious liberty of its people, granting them the inherent political power to alter, modify, or reform the government as required by the public good. The constitution outlines various rights and privileges, including freedom of speech, freedom from unreasonable searches and seizures, and the right to a speedy and public trial. It also establishes the powers of taxation and the organisation of the state legislature, with provisions for the salaries of senators and representatives.

Characteristics Values
Date approved by residents of Minnesota Territory October 13, 1857
Date ratified by the United States Senate May 11, 1858
Number of amendments approved Nearly 120
Most significant amendment 1974 reorganisation to simplify the document
Number of senators and representatives deciding their salary 2
Number of jurors in a civil action or proceeding At least 6
Maximum number of jurors dissenting in a civil action or proceeding One
Number of witnesses required to convict a person of treason 2
Number of versions of the constitution submitted to the United States Senate 2

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The constitution's approval and ratification

The Constitution of the State of Minnesota was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857. The ballots used for this election were printed to provide only for affirmative votes, meaning that a voter who wished to reject the constitution had to alter their ballot and write in a negative vote. The result was 30,055 for acceptance and 571 for rejection.

The Minnesota Constitution was then submitted to the United States Senate for ratification in December 1857. A certified copy of the Democratic constitution was transmitted to the Senate by the territorial secretary, a Democrat. However, there is evidence that both Democratic and Republican versions of the constitution were available to Congress members. The Republican version was sent with the bill returned to Minnesota, and there are reports that the Republican constitution was attached when the bill was reported back from the Senate.

On May 11, 1858, Minnesota was admitted to the Union, marking the ratification of the state's constitution. This date also marked the admittance of Minnesota as a state, with the Organic Act serving as the constitution for the Minnesota Territory until this point.

Since its adoption, the Minnesota Constitution has undergone numerous amendments, with nearly 120 amendments approved, often multiple at once. The previous wording of the constitution, including all amendments approved by voters since its adoption in 1857, was printed in the Minnesota Legislative Manual 1973-74. One of the most significant amendments occurred in 1974 when the constitution was reorganised to simplify the document, making it easier for modern readers to comprehend and reducing the extensive verbiage. This amendment did not alter the meaning of the constitution and was approved by voters.

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The role of government

The Constitution of the State of Minnesota outlines the role of the government and the rights of its citizens. The constitution was first approved by Minnesota residents in 1857 and ratified by the US Senate in 1858, marking the admittance of Minnesota as a state.

The role of the government, as per the Minnesota Constitution, is primarily to serve the people and protect their rights and liberties. The constitution explicitly states that the government is "instituted for the security, benefit and protection of the people". This means that the government's role is to ensure the safety and well-being of its citizens and to act in their best interests.

The people of Minnesota are recognised as the source of political power, with the right to alter, modify or reform the government as they see fit for the public good. This is a key principle of democracy, where government derives its power from the consent of the governed. The constitution also guarantees certain fundamental rights, including freedom of speech and the press, religious liberty, the right to a trial by jury, and protection from unreasonable searches and seizures.

The Minnesota Constitution also establishes the structure and functions of the state government. It outlines the legislative, executive, and judicial branches of government and their respective powers. For example, the constitution requires members of the legislature to take an oath to support the US Constitution and the Minnesota Constitution, and to faithfully discharge their duties.

Additionally, the constitution addresses taxation, stating that the power of taxation shall never be surrendered and that taxes shall be uniform and levied for public purposes. It also establishes a permanent environment and natural resources trust fund, demonstrating the government's role in environmental protection and natural resource management.

The Minnesota Constitution has been amended numerous times since its adoption to adapt to the changing needs and values of the state and its citizens. These amendments further clarify and expand upon the role of the government, ensuring it remains responsive to the people of Minnesota.

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Citizens' rights and privileges

The Constitution of the State of Minnesota was approved by its residents in 1857 and ratified by the United States Senate in 1858, marking the admittance of Minnesota to the Union. The constitution has been amended nearly 120 times, with a significant reorganisation in 1974 to simplify the document.

The constitution guarantees certain rights and privileges to the citizens of Minnesota. Firstly, it establishes that government exists for the security, benefit, and protection of the people, and that all political power is inherent in them. The people of Minnesota have the right to alter, modify, or reform their government whenever required by the public good.

The constitution prohibits disenfranchisement or deprivation of any rights or privileges of state membership, except by law or the judgment of one's peers. It also bans slavery or involuntary servitude, except as punishment for a crime. Minnesotans have the right to freedom of speech, press, and publication, with the responsibility to not abuse this right.

The constitution guarantees the right to a trial by jury, which may be waived in certain cases as prescribed by law. It prohibits excessive bail, fines, or cruel and unusual punishments. It ensures the right to a speedy and public trial by an impartial jury in criminal prosecutions. Additionally, it provides for redress of injuries or wrongs, ensuring that every person can obtain justice freely and promptly, in accordance with the law.

The constitution also protects citizens from unreasonable searches and seizures. It prohibits the issuance of warrants without probable cause and requires that warrants specifically describe the place to be searched and the items to be seized. It bans bills of attainder, ex post facto laws, and laws impairing contractual obligations. It also prohibits imprisonment for debt, although exceptions are made for cases of fraud.

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Freedom of the press

The Constitution of the State of Minnesota was approved by Minnesota residents in 1857 and ratified by the US Senate in 1858, marking the admittance of Minnesota to the Union. The constitution has been amended nearly 120 times, with a significant reorganisation in 1974 to simplify the document and make it more accessible to modern readers.

The purpose of the Minnesota Constitution, as with any constitution, is to outline the fundamental principles and laws by which the state is governed. One of the key tenets of the Minnesota Constitution is the protection of civil liberties, including freedom of the press.

The Minnesota Constitution explicitly states that "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 provision, found in Section 3 of Article I, guarantees the freedom of the press and protects the right of individuals to express their opinions and disseminate information without interference from the state.

The freedom of the press in Minnesota is further reinforced by the First Amendment to the United States Constitution, which prohibits laws that abridge the freedom of speech or the press. The Minnesota Supreme Court has also played a role in upholding freedom of the press, notably in the 1931 case of Near v. Minnesota, where the court rejected prior restraints on publication, setting a precedent for free speech and press freedom.

The Minnesota Constitution's guarantee of freedom of the press ensures that journalists, authors, and citizens can express their views and share information without fear of censorship or retribution. This right is essential for a free and democratic society, enabling the free flow of information, the holding of powerful entities to account, and the promotion of diverse perspectives and ideas.

However, it is important to note that the freedom of the press is not absolute. As outlined in the Minnesota Constitution, individuals are "responsible for the abuse of such right." This means that while individuals have the right to express themselves freely, they may be held accountable if their speech or publication causes harm or violates the rights of others. The boundaries of this right have been tested in court cases, such as New York Times Co. v. Sullivan (1964), where the Supreme Court ruled that public figures suing for libel must prove that the publisher acted with actual malice or reckless disregard for the truth.

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Trial by jury

The Constitution of the State of Minnesota was 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 constitution has been amended nearly 120 times, with one of the most significant revisions being a 1974 reorganization to simplify the document and make it more accessible to modern readers.

The Minnesota Constitution guarantees the right to a trial by jury, which shall remain inviolate and extend to all cases at law without regard to the amount in controversy. A jury trial may be waived by the parties in all cases, provided it is done so in the manner prescribed by law. The legislature may determine that an agreement by five-sixths of a jury in a civil action or proceeding, after no less than six hours of deliberation, constitutes a sufficient verdict. Additionally, the legislature may set the number of jurors in a civil action or proceeding, provided that the jury consists of at least six members.

The right to a trial by jury is a fundamental aspect of the justice system, ensuring that individuals accused of crimes have their cases heard and decided upon by a group of their peers. This right is enshrined in the Minnesota Constitution, which states that no member of the state shall be "deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers."

The Minnesota Constitution also outlines additional rights related to criminal prosecutions. For instance, it guarantees the right to a speedy and public trial by an impartial jury in the county or district where the crime was committed. It prohibits excessive bail, excessive fines, and cruel or unusual punishments. Furthermore, it defines treason against the state and outlines the requirements for a conviction on such charges.

The right to trial by jury, as outlined in the Minnesota Constitution, ensures that individuals accused of crimes are afforded due process and a fair trial by a jury of their peers. This right is a crucial component of the justice system and plays a significant role in protecting the rights and liberties of the citizens of Minnesota.

Frequently asked questions

The Minnesota Constitution outlines the rights and responsibilities of the state's government and its citizens. It establishes the structure of the state government, including the roles of the legislature, governor, and judiciary. The constitution also guarantees certain fundamental rights, such as freedom of speech and religion, trial by jury, and protection from unreasonable searches and seizures.

The Minnesota Constitution was drafted in 1857 by a group of Republican and Democratic delegates elected to a constitutional convention. The delegates met in St. Paul, but due to intense bitterness between the two parties, they refused to meet in the same room and instead held separate sessions.

The Minnesota Constitution was initially approved by the residents of Minnesota Territory in an election held on October 13, 1857. It was then ratified by the United States Senate on May 11, 1858, marking Minnesota's admittance to the Union.

The Minnesota Constitution has been amended numerous times since its adoption. Nearly 120 amendments have been approved, with the most significant being a reorganization in 1974 to simplify the document and make it more accessible to modern readers.

Some key provisions of the Minnesota Constitution include the establishment of a bill of rights, the protection of civil and religious liberty, the prohibition of slavery and involuntary servitude (except as punishment for a crime), and the guarantee of freedom of the press. The constitution also outlines the powers of taxation and the process for revising the constitution itself.

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