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Minnesota Constitution
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Minnesota Constitution
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, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. Nearly 120 amendments 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 ratification.
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, as the American settlers in the territory decided to establish a civil society.
In 1838, the region that is now Minnesota was divided between the Iowa and Wisconsin 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. 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 Stillwater 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 Henry Hastings Sibley was elected. This marked the beginning of Minnesota as a territory. Congress responded to this request by passing the Organic Act of Minnesota, which established the territory and provided for its government. This act remains one of the constitutional documents of the state.
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 a state. The capital of the Minnesota Territory was St. Paul, which became the permanent state capital after an unsuccessful attempt was made in 1857 to move the capital to St. Peter. 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 Minnesota Historical Society was also established in the territory in 1849 and is now the oldest state institution in Minnesota.
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 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.
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 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.
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 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."
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, 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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Minnesota Constitution
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, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. Nearly 120 amendments 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 ratification.
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, as the American settlers in the territory decided to establish a civil society.
In 1838, the region that is now Minnesota was divided between the Iowa and Wisconsin 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. 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 Stillwater 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 Henry Hastings Sibley was elected. This marked the beginning of Minnesota as a territory. Congress responded to this request by passing the Organic Act of Minnesota, which established the territory and provided for its government. This act remains one of the constitutional documents of the state.
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 a state. The capital of the Minnesota Territory was St. Paul, which became the permanent state capital after an unsuccessful attempt was made in 1857 to move the capital to St. Peter. 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 Minnesota Historical Society was also established in the territory in 1849 and is now the oldest state institution in Minnesota.
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 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.
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 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.
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 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."
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, 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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