Constitution of the State of Minnesota

“ If, upon canvassing the votes for and against the adoption of this constitution, it shall appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any state or district officer provided for in this constitution; and no state organization shall have validity within the limits of the territory until otherwise provided for, and until a constitution for a state government shall have been adopted by the people. ”

“ He shall have a negative upon all laws passed by the legislature under such rules and limitations as are in this constitution prescribed. He may on extraordinary occasions convene both houses of the legislature. He shall take care that the laws be faithfully executed, fill any vacancy that may occur in the office of secretary of state, treasurer, auditor, attorney general, and such other state and district offices as may be hereafter created by law, until the next annual election, and until their successors are chosen and qualified. ”

“ The legislature shall pass no local or special law regulating the affairs of, or incorporating, erecting or changing the lines of, any county, city, village, township, ward or school district, or creating the offices, or prescribing the powers and duties of the officers of, or fixing or relating to the compensation, salary or fees of the same, or the mode of election or appointment thereto, authorizing the laying out, opening, altering, vacating or maintaining roads, highways, streets or alleys ”

“ Leases and grants of agricultural land for a longer period than twenty one years hereafter made in which shall be reserved any rent or service of any kind shall be void.
16th The enumeration of rights in this constitution shall not be construed to deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent ”

“ One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second-most members in the legislature. None of the members of the council may be current or former legislators, or the spouse of a current legislator. ”

“ Such charter so deposited may be amended by a proposal therefor made by a board of fifteen freeholders aforesaid, published for at least thirty days in three newspapers of general circulation in such city or village, and accepted by three-fifths of the qualified voters, of such city or village, voting at the next election, and not otherwise; but such charter shall always be in harmony with, and subject to the constitution and laws of the state of Minnesota. The legislature may prescribe the duties of the commission relative to submitting amendments of charter to the vote of the people. ”

“ Notwithstanding any other constitutional limitations the legislature may require that commission members be freeholders, provide for their appointment by judges of the district court, and permit any member to hold any other elective or appointive office other than judicial. Home rule charter amendments may be proposed by a charter commission or by a petition of five percent of the voters of the local government unit as determined by law and shall not become effective until approved by the voters by the majority required by law. ”

“ The people of Minnesota have not yet desired a revision of their constitution, content to live under the original statute of 1857 and to amend it casually from time to time. In the period now in view no fewer than seventeen amendments have been adopted, some of them of far-reaching importance. They may be enumerated:—
What place the tornado, the hailstorm, the locust, and such like destroyers have in the mundane economy ”

“ The moneys belonging to the Internal Improvement Land fund, shall not be appropriated for any purpose whatever until the enactment for that purpose, shall have been approved by a majority of the electors of the state voting at the annual general election following the passage of the act.
The force of this amendment shall be to authorize the sale of the Internal Improvement Lands without further legislative enactment. [Adopted, November 5, 1872]
Sec. 33. In all cases when a general law can be made applicable, no special law shall be enacted ”

“ He may appoint his own clerk where none has been elected; but the legislature may authorize the election, by the electors of any county, of one clerk or register of probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A probate court shall have jurisdiction over the estates of deceased persons and persons under guardianship, but no other jurisdiction, except as prescribed by this constitution. ”

“ It shall be the duty of the judges and clerks of election in addition to the returns required by law from each precinct, to forward to the secretary of the territory by mail immediately after the close of the election a certified copy of the poll book containing the name of each person who has voted in the precinct, and the number of votes polled for each person for any office, and the votes polled for and against the adoption of this constitution. ”

“ The judicial power of the state shall be vested in a supreme court, district courts, courts of probate, justices of the peace, and such other courts, inferior to the supreme court, as the legislature may from time to time establish by a two-thirds vote. ”

“ The House of Representatives shall have the sole power of impeachment, through a concurrence of a majority of all the members elected to seats therein. All impeachments shall be tried by the Senate; and when sitting for that purpose the senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members present. ”

“ HABEAS CORPUS. No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of punishment for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. All persons before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. ”

“ The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy, but a jury trial may be waived by the parties in all cases in the manner prescribed by law. ”

“ Holm, decided 16 years after Hildebrant, considered the effect of a Governor’s veto of a state redistricting plan. 285 U. S. 355, 361 (1932) . Following the 15th decennial census in 1930, Minnesota lost one seat in its federal congressional delegation. The State’s legislature divided Minnesota’s then nine congressional districts in 1931 and sent its Act to the Governor for his approval. ”

“ A bill to provide for a census and a constitutional convention was passed by large majorities in both houses, but seems to have been lost by the enrolling committee of the council, and was not presented for executive approval. Pending action on this bill the houses passed a memorial to Congress praying for an enabling act. Delegate Rice, much too enterprising a politician to neglect his duty to constituents desirous of statehood, early in the session of 1857 had introduced a bill to enable the people of Minnesota to organize as a state and come into the Union. ”

“ Liberty of the press. 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. ”

“ Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. ”

“ An act organizing a territory simply creates a government for its inhabitants, limiting and regulating its powers, executive, legislative and judicial, and in our country they generally resemble each other in all essential features. But the organic act of Minnesota contained one provision never before found in any that preceded it. ”

“ Laws shall be passed for taxing the notes and bills discounted, or purchased, moneys loaned, and all other property, effects, or dues of every description, of all banks, and of all bankers; so that all property employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals. ”