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assembly. The act also defined the qualifications for voting, which were restricted to free white males who were citizens or had declared their intention to become citizens. The legislative assembly had the power to pass legislation on any subject consistent with the
Constitution of the United States, and both the territorial governor and Congress had the right to veto acts of the assembly. The governor's veto could be overridden by a two-thirds vote of the assembly, while Congress's veto was final. The act also placed a limitation on the legislative assembly's ability to pass laws concerning the disposal of public land. It imposed higher taxes on non-residents' property compared to residents' property. It reserved sections 16 and 36 in every township for the establishment of a universal education system in the future state. Voting was restricted to white male citizens or those who had declared their intention to become citizens. The act granted veto power to both the territorial governor and Congress, with the governor's veto able to be overridden by a two-thirds vote of the assembly. In contrast, Congress's veto could not be overridden.
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Enabling Act also established the basic system of federal land grants to the states for common schools, a state university, public buildings, and salt springs, and provided that 5 percent of the proceeds of the sale of federal public lands in
Minnesota be granted to the state for building public roads. It also set Minnesota's final borders and provided for concurrent jurisdiction on the Mississippi and other rivers and waters bordering the state, declaring that they should be "common highways and forever free."
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and style. The two versions were then submitted to the voters of the state as required by the
Enabling Act and both were approved, resulting in Minnesota having two original constitutions. The state's constitution has served for almost 160 years and has not undergone significant revision, although there have been periodic proposals for a constitutional convention.
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relatively short, ranking among the shorter constitutions in the country. Still, it includes explicit provisions for the powers and duties of state officers, schools, taxes, banking, highways, and legislative apportionment, as well as extensive sections on natural resource conservation and progressive social policy
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Amongst other rules, the state legislature may not meet in regular session "after the first Monday following the third
Saturday in May of any year." The governor may call a special session following that date to handle unresolved issues from the regular session or to deal with unforeseen events such
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Minnesota's settlement and organization were influenced by three factors: force, as it was conquered by
European powers and later the United States; accident, as some European settlers arrived following the fur trade and American civilians drifted into the territory seeking opportunities; and choice,
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Although the text of
Section 10 is exactly the same as the Fourth Amendment to the United States Constitution, the Minnesota Supreme Court has frequently interpreted it differently, so as to provide more expansive protections for persons subject to criminal prosecution under state law. For example,
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During the constitutional convention held in St. Paul in July 1857, tensions between
Democratic and Republican delegates were high and the two groups ended up writing separate versions of the constitution. However, the two documents were almost identical, with minor differences in spelling, grammar,
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The
Enabling Act was a piece of legislation passed by Congress in 1857 that enabled the people of Minnesota to form a state by holding an election for a constitutional convention, writing a constitution, approving it through a referendum, and submitting it to Congress for admission to the Union. The
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The
Organic Act served as the constitution for the Minnesota Territory from June 1849 until May 1858, when Minnesota became a state. The boundaries of the Minnesota Territory included the eastern half of the Dakotas to the Missouri River, but this area was subsequently detached when Minnesota became
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territories. The part of
Minnesota west of the Mississippi River within the Iowa Territory remained unoccupied by European Americans. It, therefore, did not require a civil government for the next eight years. When Iowa became a state in 1846, Minnesota became an unorganized territory without issue.
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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 easier reference. The amendment was
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The establishment of the territorial government of Minnesota in 1849 greatly encouraged the growth and development of the state. The population increased from around 4,000 non-natives in 1849 to 150,000 in 1857, on the eve of statehood. This growth was facilitated by the territorial government's
834:(§161.114). Still, the general routes cannot be altered or removed without amending the constitution and are therefore somewhat fixed. In many cases, the constitutional route numbers do not match highway numbers. In fact, it has been common for CR highways to be composed of several different
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The Organic Act of Minnesota established the territory and provided for its government, including creating a legislative assembly and a judicial system. Local governments were also established, with the right to appoint or elect officers as determined by the territorial governor and legislative
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The area east of the Mississippi River had several hundred American settlers and was organized as St. Croix County within Wisconsin Territory. However, in 1848, Wisconsin became a state, and St. Croix County was left to its own devices. In response, the settlers in the area held a convention in
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pattern, which emphasizes the philosophical nature of the constitution, and the frame-of-government pattern, which focuses on the structure of state government and the distribution of powers within the state. This is typical of western states in the United States. The Minnesota Constitution is
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5 million, and the other related to the term of office of the first state officers. Amended constitutions were apparently the ones viewed by Congress during the ratification process. The validity of the early laws passed by the Legislature is somewhat in doubt, although they have never been
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on February 26 of that year ("The Enabling Act for a State of Minnesota"). The Republican version, as drafted by William Winthrop, a Yale Law graduate, abolitionist, future Civil War officer, and leading scholar of military law, called for universal male suffrage. The convention was held in
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have been approved (often multiple items at once), 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. It is believed that the constitution was amended twice prior to
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State v. Carter, the court held that a police dog's "sniff" of a rented storage locker is a "search" under the state Bill of Rights even though it is not a search under the federal Bill of Rights. In the 1994 case of Ascher v. Commissioner of Public Safety, the court held that DWI sobriety
555:. The Minnesota Territory was governed by an appointed governor and secretary and had an appointed judicial system. It also had a legislative assembly consisting of a nine-member council and an eighteen-member house of representatives, which the territory's residents elected. The
722:, by contrast, states that "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 followed the majority position of most states, rejected the position of the
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to be ratified by the Senate. A copy of the Republican version was also sent by an unknown party, and there is good historical evidence to show that both versions were available to Congress members. Additionally, the Republican version was sent with the
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efforts to extinguish Native American land claims and enable settlers to acquire titles to their lands. About three-quarters of the state was opened to non-Indian settlement between establishing the territorial government and achieving statehood.
745:, which involved the Amish's successful attempt to be declared exempt from a state traffic law, the Minnesota Supreme Court affirmed more expansive protections for Minnesotans than the First Amendment's Free Exercise Clause provides.
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did not begin acting in their official roles until later. The first two acts created by the legislature were amendments to the constitution, and they were approved by voters on April 15, 1858. One authorized a loan to railroads of
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For example, Section 3 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." The
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from July 13 to August 29. However, the divisions between the two political parties were so great that they each held their own separate conventions and never met together aside from five people from each party who met in a
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approved by voters on November 5, 1974. This did not alter the meaning of the constitution, although if there is a case where meaning is ambiguous, the original document remains the final authority.
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only provided for an affirmative answer, which probably reduced the number of negative votes since doing so required altering the ballot. The tally was 30,055 for acceptance and 571 for rejection.
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to create a document acceptable to both sides. Still, the tension was so extreme that delegates would not sign anything that had previously been signed by a member of the complementary convention.
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714:, which has final authority over how the Bill of Rights is interpreted, has given conflicting signals about when the state Bill of Rights should be interpreted differently from the federal one.
830:" (CR) highways cris-crossing the state. Until the 1974 modification of the constitution (see section below), these were enumerated in the document itself, though today they are listed in the
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must interpret the constitutional routes. In some cases, the routes no longer directly serve communities they were once designated for, but are routed along nearby interstates instead.
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Minnesota's fiscal year runs from July 1 to June 30, so if a biennial budget isn't passed by the end of June in an odd-numbered year, the effect is a government shutdown, as happened
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and passed resolutions calling for Congress to establish a new territory named Minnesota. An election was held to choose a new territorial delegate to Congress, and
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In the end, each convention signed their own copies of the document. The two were essentially identical, but had about 300 differences in
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is featured prominently in the constitution as Article I. There are seventeen sections, including many that echo the amendments to the
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The earlier wording of the constitution, including all of the amendments approved since adoption in 1857, is printed in the
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By contrast, Section 16 addresses the "freedom of conscience," or more generally freedom of religion. In the 1990 case of
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Joshua E. Kastenberg, The Blackstone of Military Law: Colonel William Winthrop (Lanham, MD: Scarecrow Press, 2009), 53-68
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was elected. This marked the beginning of Minnesota as a territory. Congress responded to this request by passing the
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was created in 1926, many of these roads were made up of one or more U.S. highways. Today, they now use a mix of
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checkpoints, while constitutional under the Fourth Amendment, were unconstitutional under Article 1, Section 10.
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began to convene before the constitution was ratified, although officials elected to other positions such as
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was also established in the territory in 1849 and is now the oldest state institution in Minnesota.
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The territorial secretary, a Democrat, sent a certified copy of the Democratic version to
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Minnesota Constitutional Convention, 1857 in MNopedia, the Minnesota Encyclopedia
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system overseen by the state and methods of funding roadways overseen by smaller
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as the American settlers in the territory decided to establish a civil society.
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Amendments to Minnesota's Constitution proposed to the voters since 1858 (PDF)
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Article XIV of the constitution is dedicated to discussing the public
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and vehicles used in relation to airborne transportation, including
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within Minnesota. Sections 4 and 5 in Article X also describe the
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Minnesota's constitution is characterized by a combination of the
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On October 13, an election to approve the constitution was held.
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In 1838, the region that is now Minnesota was divided between the
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system of the state and the methods of funding. It authorizes a
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Cover of the first printing of the Minnesota Constitution, 1857
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has had to frequently petition the legislature for funding.
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Legal Basis for Establishment of Minnesota Trunk Highways.
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Minnesota Historical Society: Minnesota's Constitution(s)
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Minnesota Statutes 161.114 Constitutional trunk highways
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Secretary of State's Note: Minnesota State Constitution.
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a state. The capital of the Minnesota Territory was
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710:by subject, but not necessarily by language. The
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726:in the landmark case of
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240:Political party strength
166:House of Representatives
1382:Territorial legislature
923:Elazar, Daniel (1999).
891:Elazar, Daniel (1999).
712:Minnesota Supreme Court
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657:returned to Minnesota.
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532:Henry Hastings Sibley
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828:constitutional route
749:in the 2003 case of
743:State v. Hershberger
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108:Keith Ellison
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1735:Puerto Rico
1643:South Dakota
1633:Rhode Island
1628:Pennsylvania
1608:North Dakota
1360:Constitution
1359:
1214:State Patrol
1139:Human Rights
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838:. When the
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607:enabling act
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386:Pete Stauber
316:Brad Finstad
252:Subdivisions
44:Constitution
43:
15:
1712:Territories
1558:Mississippi
1473:Connecticut
1240:Legislature
1233:Legislative
1109:Corrections
1099:Agriculture
1079:(1858–2003)
628:punctuation
326:Angie Craig
132:Legislature
98:Julie Blaha
88:Steve Simon
1755:Categories
1673:Washington
1593:New Mexico
1588:New Jersey
1463:California
934:0803218524
910:References
902:0803218524
870:light rail
616:Saint Paul
599:Democratic
595:Republican
528:Stillwater
492:amendments
356:Ilhan Omar
299:Tina Smith
1683:Wisconsin
1648:Tennessee
1553:Minnesota
1528:Louisiana
1278:Tax Court
1114:Education
1077:Treasurer
1038:Minnesota
553:St. Peter
523:Wisconsin
484:Minnesota
366:Tom Emmer
268:Townships
228:Elections
198:Judiciary
149:President
53:Executive
1668:Virginia
1618:Oklahoma
1598:New York
1573:Nebraska
1563:Missouri
1548:Michigan
1538:Maryland
1523:Kentucky
1503:Illinois
1478:Delaware
1468:Colorado
1458:Arkansas
1375:Statutes
1365:Politics
1299:Regional
1261:Judicial
1104:Commerce
1052:Governor
817:aircraft
666:governor
549:St. Paul
476:ratified
472:election
258:Counties
64:Tim Walz
60:Governor
1688:Wyoming
1663:Vermont
1568:Montana
1508:Indiana
1488:Georgia
1483:Florida
1453:Arizona
1443:Alabama
1355:Capitol
1348:Related
1204:Revenue
1164:Lottery
1072:Auditor
801:highway
778:in 2005
643:Ballots
632:grammar
609:by the
499:History
486:to the
478:by the
171:Speaker
114:Cabinet
1623:Oregon
1578:Nevada
1518:Kansas
1493:Hawaii
1448:Alaska
1436:States
1245:Senate
1124:Health
931:
899:
263:Cities
144:Senate
1653:Texas
1533:Maine
1498:Idaho
1250:House
880:Style
866:buses
676:court
636:paper
488:Union
358:(DFL)
348:(DFL)
338:(DFL)
328:(DFL)
301:(DFL)
295:(DFL)
110:(DFL)
100:(DFL)
90:(DFL)
80:(DFL)
1725:Guam
1658:Utah
1613:Ohio
1513:Iowa
1370:Laws
929:ISBN
897:ISBN
780:and
760:and
671:US$
660:The
655:bill
597:and
521:and
519:Iowa
462:The
388:(R)
378:(R)
368:(R)
318:(R)
68:DFL
1757::
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66:(
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