Amendments to the Minnesota Constitution

Since 1857, the Minnesota state constitution has been amended 121 times. Some amendments affected more than one section of the constitution. Each square below represents when a section was changed by an amendment.

Scroll through the timeline to view amendments to the constitution by year and historical context for significant amendments.

1860
1870
1880
1890
1900
1910
1920
1930
1940
1950
1960
1970
+145
1980
1990
2000
2010
2020

Each block on this histogram represents a change—e.g., a substantive change, repeal & replace, or renumbering—to an individual section rather than an amendment. Some amendments result in multiple changes, resulting in multiple blocks being attributed to one amendment. Likewise, a section may be amended more than once in an year, but these amendments will only appear as one block on the histogram. When a block or blocks are marked red in a specific year, that means that a new constitution went into effect that year.

The Minnesota Constitution & Its Amendments

Minnesotans voted to approve the state constitution on October 13, 1857. The constitution was the result of a tumultuous, politically divided convention that spanned seven weeks. This bitter political conflict continued even after delegates reached a compromise on the constitutional language. Delegates refused to sign a document bearing the signatures of delegates from the other political party, necessitating the creation of two copies of the constitution to gather signatures. Although these two copies of the constitution were meant to be identical, the copies were created overnight by lamplight, a process that resulted in over 300 differences between the two copies of the constitution approved by the delegates. Both copies were before Congress when Minnesota was admitted into the Union. As there has been no legal challenge based on a difference between the two versions, there has been no determination as to which copy serves as the definitive version of the original Minnesota Constitution. Consequently, it can be said that Minnesota is “the only state with two official [original] constitutions.” Subsequent amendments and a 1974 reworking of the Minnesota Constitution mean that there is now a single, definitive text.

The power to amend the state’s constitution rests in both the legislature and the people. First, each house of the legislature must vote and approve, by a simple majority, proposed individual amendments to the constitution. The proposed amendment must then be submitted to the people for their approval or rejection at the next general election. Prior to 1898, an amendment needed only to receive a simple majority of those voting on the question to be approved. However, in 1898 the ratification process was changed to require a majority of all votes cast in the election—including those who abstained from voting on the amendment question. Therefore, not voting on an amendment is counted the same as a “no” vote, making it more difficult for an amendment to be ratified. Since statehood, the Minnesota Legislature has submitted a total of 216 constitutional amendment proposals to the people for their ratification or rejection. Of these proposals, 121 were approved and 95 were rejected.

Because the Constitution requires that multiple amendments submitted to the electorate at the same election must be voted upon separately, legislators can opt instead to deploy the procedures under Article IX, § 2 for the calling of a constitutional convention, which allows substantial revisions or wholesale rewrites of the constitution to be packaged as a single proposal put forth to voters. The constitutional convention procedure has never been formally invoked in Minnesota’s history. 

For more information about constitutional conventions, see 1974.

Minnesota State Capitol. Mike Hicks.

In 2016 the Constitution was Changed 1 Time

1998

State Treasurer

In 1998, Minnesota abolished the elective office of the Treasurer. Proponents argued that the position was unnecessarily duplicative and that its functions could be carried out by other executive branch agencies at a lower cost. They contended that “accountability and efficiency would be strengthened by centralizing responsibility in an executive office that reports to the Governor.” Opponents felt the position provided for the “most independent system of checks and balances and provides the highest degree of accountability to the people.”

This concluded a two-and-a-half decades long disempowerment of the Treasurer’s office. Starting in 1972, the legislature began transferring the Treasurer’s duties to the Department of Finance and the Department of Commerce. The 1998 amendment abolishing the office of the Treasurer was accompanied by legislation transferring all of the Treasurer’s remaining powers to the Department of Finance, which is now the Minnesota Department of Management and Budget.

Although this amendment passed in 1998, it did not become effective until 2003.

Centennial Office Building, home of the Minnesota Department of Management and Budget. Myotus.

1996

Recall

In 1914, Minnesota voters rejected a proposed amendment that would have allowed for the recall of all appointed and elected officials. This attempt at increasing accountability in public office was largely forgotten as sentiments shifted. However, in 1996, a renewed interest in the recall power led to the legislature proposing an amendment that allowed for the recall of elected state and county officials. This time, voters overwhelmingly supported the provision, with 86% of voters approving the amendment. Still, Minnesota’s recall requirements are comparatively stringent. For example, Minnesota is one of only eight states that requires petitioners to allege specific grounds for recall. Of these eight states, only Minnesota requires a showing of “serious” malfeasance or nonfeasance, or conviction of a “serious” crime while holding office. In addition, there is an extensive review process to determine the sufficiency of alleged recall grounds, involving the secretary of state, the chief justice of the supreme court, and a special master appointed by the chief justice.

Volunteers gather petition signatures for the recall effort of Hennepin County Attorney Mike Freeman. Fibonacci Blue.

1982

The Minnesota Court of Appeals

Prior to 1982, the judicial article contained a provision stating that the district court “shall have such appellate jurisdiction as may be prescribed by law.” This, however, did not authorize appellate review of decisions made by the district court itself and, instead, only applied to appeals from inferior courts and other bodies that perform adjudicative functions. The lack of an appellate division or intermediate appellate court mean that the Minnesota Supreme Court heard a great number of cases that “serve[d] little purpose as precedents.”

Recognizing the increasing burden on the Minnesota Supreme Court, the 1982 amendment to the judicial article gave the legislature the authority to establish an intermediate appellate court. The Minnesota Court of Appeals was established on November 1, 1983. According to their website, the Court of Appeals hears 2,000-2,4000 appeals every year, and its decisions serve as the final ruling in about 95% of those cases. Despite the creation of the Court of Appeals, the Supreme Court has retained jurisdiction over first-degree murder cases, which are typically appealed directly to the Supreme Court. 

For more information about amendments to the judicial article, see 1930 and 1956.

Minnesota Judicial Center. Tony Webster.

In 1975 the Constitution was Changed 165 Times

Article I. Bill of Rights
Section 1.

Object of Government

Article I. Bill of Rights
Section 2.

Rights and Privileges

Article I. Bill of Rights
Section 4.

Trial by Jury

Article I. Bill of Rights
Section 5.

No Excessive Bail or Unusual Punishments

Article I. Bill of Rights
Section 6.

Rights of Accused in Criminal Prosecutions

Article I. Bill of Rights
Section 7.

Due Process; Prosecutions; Double Jeopardy; Self-Incrimination; Bail; Habeas Corpus

Article I. Bill of Rights
Section 8.

Redress of Injuries or Wrongs

Article I. Bill of Rights
Section 9.

Treason Defined

Article I. Bill of Rights
Section 10.

Unreasonable Searches and Seizures Prohibited

Article I. Bill of Rights
Section 11.

Attainders; Ex Post Facto Laws and Laws Impairing Contracts Prohibited

Article I. Bill of Rights
Section 12.

Imprisonment for Debt; Property Exemption

Article I. Bill of Rights
Section 14.

Military Power Subordinate

Article I. Bill of Rights
Section 15.

Lands Allodial; Void Agricultural Leases

Article I. Bill of Rights
Section 16.

Freedom of Conscience; No Preference to be Given to Any Religious Establishment or Mode of Worship

Article I. Bill of Rights
Section 17.

Religious Tests and Property Qualifications Prohibited

Article II. Name and Boundaries
Section 1.

Name and Boundaries; Acceptance of Organic Act

Article II. Name and Boundaries
Section 2.

Jurisdiction on Boundary Waters

Article II. Name and Boundaries
Section 3.

Acceptance of Propositions in Enabling Act

Article III. Distribution of the Powers of Government
Section 1.

Division of Powers

Article IV. Legislative Department
Section 1.

Composition of Legislature

Article IV. Legislative Department
Section 2.

Apportionment of Members

Article IV. Legislative Department
Section 3.

Census Enumeration Apportionment; Congressional and Legislative District Boundaries; Senate Districts

Article IV. Legislative Department
Section 4.

Terms of Office of Senators and Representatives; Vacancies

Article IV. Legislative Department
Section 5.

Restriction on Holding Office

Article IV. Legislative Department
Section 6.

Qualifications of Legislators; Judging Election Returns and Eligibility

Article IV. Legislative Department
Section 7.

Rules of Government

Article IV. Legislative Department
Section 8.

Oath of Office

Article IV. Legislative Department
Section 9.

Compensation

Article IV. Legislative Department
Section 10.

Privilege From Arrest

Article IV. Legislative Department
Section 11.

Protest and Dissent of Members

Article IV. Legislative Department
Section 12.

Biennial Meetings; Length of Session; Special Sessions; Length of Adjournments

Article IV. Legislative Department
Section 13.

Quorum

Article IV. Legislative Department
Section 14.

Open Sessions

Article IV. Legislative Department
Section 15.

Exclusion From Civil Rights

Article IV. Legislative Department
Section 15.

Officers; Journals

Article IV. Legislative Department
Section 16.

Elections Viva Voce

Article IV. Legislative Department
Section 17.

Laws to Embrace Only One Subject

Article IV. Legislative Department
Section 18.

Revenue Bills to Originate in House

Article IV. Legislative Department
Section 19.

Reporting of Bills

Article IV. Legislative Department
Section 20.

Enrollment of Bills

Article IV. Legislative Department
Section 21.

Passage of Bills on Last Day of Session Prohibited

Article IV. Legislative Department
Section 22.

Majority Vote of All Members to Pass a Law

Article IV. Legislative Department
Section 23.

Approval of Bills by Governor; Action on Veto

Article IV. Legislative Department
Section 24.

Presentation of Orders, Resolutions, and Votes to Governor

Article IV. Legislative Department
Section 25.

Disorderly Conduct

Article IV. Legislative Department
Section 26.

Banking Laws; Two-Thirds Votes

Article IV. Legislative Department
Section 28.

Divorces

Article IV. Legislative Department
Section 32b.

Internal Improvement Lands -- Investment of Proceeds in Bonds

Article IV. Legislative Department
Section 34.

Refers to Amendment of 1881, Superseded as Above

Article V. Executive Department
Section 1.

Executive Officers

Article V. Executive Department
Section 2.

Term of Governor and Lieutenant Governor; Qualifications

Article V. Executive Department
Section 3.

Powers and Duties of Governor

Article V. Executive Department
Section 4.

Terms and Salaries of Executive Officers

Article V. Executive Department
Section 5.

Succession to Offices of Governor and Lieutenant Governor

Article V. Executive Department
Section 6.

Oath of Office of State Officers

Article V. Executive Department
Section 7.

Official Terms of First State Officers

Article V. Executive Department
Section 7.

Board of Pardons

Article VI. Judiciary
Section 1.

Judicial Power

Article VI. Judiciary
Section 2.

Supreme Court

Article VI. Judiciary
Section 3.

Jurisdiction of District Court

Article VI. Judiciary
Section 4.

Judicial Districts; District Judges

Article VI. Judiciary
Section 5.

Qualifications; Compensation

Article VI. Judiciary
Section 6.

Holding Other Office

Article VI. Judiciary
Section 7.

Term of Office; Election

Article VI. Judiciary
Section 8.

Vacancy

Article VI. Judiciary
Section 9.

Retirement, Removal and Discipline

Article VI. Judiciary
Section 10.

Retired Judges

Article VI. Judiciary
Section 11.

Probate Jurisdiction

Article VI. Judiciary
Section 12.

Abolition of Probate Court; Status of Judges

Article VI. Judiciary
Section 13.

District Court Clerks

Article VI. Judiciary

Schedule

Article VII. Elective Franchise
Section 1.

Eligibility; Place of Voting; Ineligible Persons

Article VII. Elective Franchise
Section 2.

Residence

Article VII. Elective Franchise
Section 3.

Uniform Oath at Elections

Article VII. Elective Franchise
Section 4.

Civil Process Suspended on Election Day

Article VII. Elective Franchise
Section 5.

Elections by Ballot

Article VII. Elective Franchise
Section 6.

Eligibility to Hold Office

Article VII. Elective Franchise
Section 7.

Official Year of the State

Article VII. Elective Franchise
Section 8.

Election Returns to Secretary of State; Board of Canvassers

Article VIII. Impeachment and Removal From Office

Impeachment and Removal From Office

Article VIII. Impeachment and Removal From Office
Section 1.

Impeachment Powers

Article VIII. Impeachment and Removal From Office
Section 2.

Officers Subject to Impeachment; Grounds; Judgment

Article VIII. Impeachment and Removal From Office
Section 3.

Suspension

Article VIII. Impeachment and Removal From Office
Section 4.

Service of Impeachment Papers

Article VIII. Impeachment and Removal From Office
Section 5.

Removal of Inferior Officers

Article IX. Finances of the State and Banks and Banking
Section 8.

Disposition of Funds Received for Bonds

Article IX. Finances of the State and Banks and Banking
Section 11.

Publication of Receipts and Expenditures by Treasurer

Article IX. Finances of the State and Banks and Banking
Section 13.

General Banking Law -- Provisions and Restrictions

Article IX. Amendments to the Constitution

Amendments to the Constitution

Article IX. Amendments to the Constitution
Section 1.

Amendments; Ratification

Article IX. Amendments to the Constitution
Section 2.

Constitutional Convention

Article IX. Amendments to the Constitution
Section 3.

Submission to People of Constitution Drafted at Convention

Article X. Of Corporations Having No Banking Privileges

Of Corporations Having No Banking Privileges

Article X. Of Corporations Having No Banking Privileges
Section 1.

Corporations for General Purposes

Article X. Of Corporations Having No Banking Privileges
Section 2.

Not to be Created by Special Act

Article X. Of Corporations Having No Banking Privileges
Section 3.

Liability of Stockholders

Article X. Taxation

Taxation

Article X. Taxation
Section 1.

Power of Taxation; Exemptions; Legislative Powers

Article X. Taxation
Section 2.

Forestation

Article X. Taxation
Section 3.

Occupation Tax; Ores

Article X. Taxation
Section 4.

Motor Fuel Taxation

Article X. Taxation
Section 5.

Aircraft

Article X. Taxation
Section 6.

Taconite Taxation

Article X. Taxation
Section 7.

Article X. Taxation
Section 7.

Article XI. Local Government
Section 5.

Existing Laws and Charters

Article XI. Appropriations and Finances

Appropriations and Finances

Article XI. Appropriations and Finances
Section 1.

Money Paid From State Treasury

Article XI. Appropriations and Finances
Section 2.

Credit of the State Limited

Article XI. Appropriations and Finances
Section 3.

Internal Improvement Prohibited; Exceptions

Article XI. Appropriations and Finances
Section 4.

Power to Contract Public Debt; Public Debt Defined

Article XI. Appropriations and Finances
Section 5.

Public Debt and Works of Internal Improvement; Purposes

Article XI. Appropriations and Finances
Section 6.

Certificates of Indebtedness

Article XI. Appropriations and Finances
Section 7.

Bonds

Article XI. Appropriations and Finances
Section 8.

Permanent School Fund; Source; Investment; Board of Investment

Article XI. Appropriations and Finances
Section 9.

Investment of Permanent University Fund; Restrictions

Article XI. Appropriations and Finances
Section 10.

Exchange of Public Lands; Reservation of Rights

Article XI. Appropriations and Finances
Section 11.

Timber Lands Set Apart as State Forests; Disposition of Revenue

Article XI. Appropriations and Finances
Section 12.

County, Township or Municipal Aid to Railroads Limited

Article XI. Appropriations and Finances
Section 13.

Safekeeping State Funds; Security; Deposit of Funds; Embezzlement

Article XII. Special Legislation; Local Government

Special Legislation; Local Government

Article XII. Special Legislation; Local Government
Section 1.

Prohibition of Special Legislation; Particular Subjects

Article XII. Special Legislation; Local Government
Section 2.

Special Laws; Local Government

Article XII. Special Legislation; Local Government
Section 3.

Local Government; Legislation Affecting

Article XII. Special Legislation; Local Government
Section 4.

Home Rule Charter

Article XII. Special Legislation; Local Government
Section 5.

Charter Commissions

Article XIII. Impeachment and Removal from Office
Section 4.

Article XIII. Miscellaneous Subjects

Miscellaneous Subjects

Article XIII. Miscellaneous Subjects
Section 1.

Uniform System of Public Schools

Article XIII. Miscellaneous Subjects
Section 2.

Prohibition as to Aiding Sectarian School

Article XIII. Miscellaneous Subjects
Section 3.

University of Minnesota

Article XIII. Miscellaneous Subjects
Section 4.

Lands Taken for Public Way or Use; Compensation; Common Carriers

Article XIII. Miscellaneous Subjects
Section 5.

Prohibition of Lotteries

Article XIII. Miscellaneous Subjects
Section 6.

Prohibition of Combinations to Affect Markets

Article XIII. Miscellaneous Subjects
Section 7.

No License Required to Peddle

Article XIII. Miscellaneous Subjects
Section 8.

Veterans' Bonus

Article XIII. Miscellaneous Subjects
Section 9.

Militia Organization

Article XIII. Miscellaneous Subjects
Section 10.

Seat of Government

Article XIII. Miscellaneous Subjects
Section 11.

State Seal

Article XIV. Public Highway System

Public Highway System

Article XIV. Public Highway System
Section 1.

Authority of State; Participation of Political Subdivisions

Article XIV. Public Highway System
Section 2.

Trunk Highway System

Article XIV. Public Highway System
Section 3.

County State-Aid Highway System

Article XIV. Public Highway System
Section 4.

Municipal State-Aid Street System

Article XIV. Public Highway System
Section 5.

Highway User Tax Distribution Fund

Article XIV. Public Highway System
Section 6.

Trunk Highway Fund

Article XIV. Public Highway System
Section 7.

County State-Aid Highway Fund

Article XIV. Public Highway System
Section 8.

Municipal State-Aid Street Fund

Article XIV. Public Highway System
Section 9.

Taxation of Motor Vehicles

Article XIV. Public Highway System
Section 10.

Taxation of Motor Fuel

Article XIV. Public Highway System
Section 11.

Highway Bonds

Article XV. Miscellaneous Subjects
Section 2.

Residents on Indian Lands

Article XV. Miscellaneous Subjects
Section 5.

State Prison Location

Article XVI. Public Highway System
Section 13.

Supersedure; Repeal of Inconsistent Provisions

Article XVI. Public Highway System
Section 14.

Effective Date

Article XVII. Forest Fires; Prevention, Abatement

Forest Fires; Prevention, Abatement

Article XVII. Forest Fires; Prevention, Abatement
Section 1.

Article XVII. Forest Fires; Prevention, Abatement
Section 2.

Article XVIII. Forestation and Reforestation

Forestation and Reforestation

Article XVIII. Forestation and Reforestation
Section 2.

Article XIX. Aeronautics

Aeronautics

Article XIX. Aeronautics
Section 2.

Article XX. Veterans Bonus

Veterans Bonus

Article XX. Veterans Bonus
Section 2.

Article XXI. Taconite Taxation

Taconite Taxation

1974

The Structure and Form Amendment

In 1971, at the suggestion of Governor Wendell Anderson, the legislature established the Minnesota Constitutional Study Commission to undertake an intensive study of the state’s constitution for the purpose of making “recommendations in preparation for a constitutional convention, or as a basis for making further individual amendments.” The Commission was the second of its kind in Minnesota, the first having concluded its report in 1948. The second Commission was comprised of six members of the Senate, six of the House, a Supreme Court justice, and eight gubernatorial appointees, with Governor Anderson serving as chairman.    

After three years of deliberations, the Commission’s final report included several noteworthy proposals that were taken up by the legislature: First, the Commission recommended what would seem to amount to a complete revision of the Constitution by reorganizing the sections, adding clarifying language, and deleting obsolete provisions. Second, the Commission recommended making the Constitution easier to amend through various means, such as lowering the vote threshold for ratification. Both recommendations were put before voters in 1974, but voters only approved the reorganization measure.

Because the “revision” was not intended to make any substantive changes to the contents of the Constitution, and was characterized as “simply a restatement” or “simplification” of the text, legislators were able to avoid the more burdensome task of calling a constitutional convention, and instead put the proposal to a vote of the electorate as a single, comprehensive amendment proposal (“The Structure and Form Amendment”). Since the ‘revised’ constitution does not amount to a new constitution, interpretations of the prior constitutional language retain their precedential power when courts consider the analogous provisions in the revised constitution.

To accompany the 1974 Structure and Form Amendment and facilitate comparison between the revised and original constitutions, the legislature published a guide, which traces provisions from the original constitution to their newly enacted counterparts.

1968

Permitting Legislators to Assume Another Elective or Appointive Office        

Article 4, Section 9’s original language contained a restriction prohibiting certain forms of dual office-holding. Specifically, it precluded any legislator from assuming state, county, or municipal office if, during the legislator’s tenure, legislation was passed to create the other office or increase its salary. In addition, in those circumstances, legislators were required to wait one year after the expiration of their legislative term before pursuing the other positions. This language, like similar provisions in other state constitutions, aimed to avoid self-dealing or conflicts of interest by legislators. 

In 1968, Minnesotans approved an amendment that eliminated the one-year restriction and allowed legislators to assume state, county, or municipal positions upon resignation from legislative office. Those in favor of the amendment argued it “would allow the voters and the governor to choose the ‘best man’ for the job.”

Timing of Presentment and Gubernatorial Action on Legislation     

Under the original constitution, the governor was given three days to review and sign any legislative act passed during the final three days of the session. However, the volume of bills being passed by the legislature, and the tendency of these bills to be passed in the final days of the legislative session, made it difficult for the governor to adequately review each act within the three-day time limit. The constitution was amended to give the governor 14 days to sign or veto a bill and to allow the legislature to submit bills to the governor within the three days following the end of a session. 

Minnesota State Senate chambers. Matt Lewis.

1960

Removal of Obsolete Language

In 1960, 40 years after the ratification of the 19th Amendment to the U.S. Constitution, Minnesotans approved an amendment to the state constitution removing the obsolete language restricting the general franchise to male voters only.

For more information about women’s suffrage in Minnesota, see 1875 and 1897.

1956

Reorganization of Judicial Authority

Even though voters approved the amendment to add more supreme court justices, it soon became clear that this was insufficient to meet the demands on the state judiciary. The movement to amend the judicial article prompted a 1942 report drafted by the Committee on the Unification of the Courts, which comprised 20 practicing lawyers and judges. The Committee concluded that the current judicial system was inadequate, a result of the present judicial system being “adopted to meet the needs of an earlier day having a simpler civilization and very different economic and social conditions.” The Committee highlighted deficiencies in court administration and rulemaking power and the ever-increasing demands on the judiciary. It was insufficient, in the view of the Committee, that the needs of the judicial system be handled through “piecemeal additions of new tribunals and more judges.”

Despite the public’s “cold, if not hostile” reception of the Committee’s report, which was submitted in 1942 without prompting further legislative action, many of its features would go on to form the basis of future proposals for amending the judiciary article. This included a later amendment formulated by a committee of the Minnesota State Bar Association. It is the proposal of this committee, approved by the State Bar Association, which the legislature adopted at its 1955 session and which voters would ratify at the 1956 election. 

Some of the more notable changes effectuated by the amendment include:

     • Authorizing no less than six and no more than eight associate justices of the Minnesota Supreme Court
     • Permitting district court judges to be temporarily assigned to the Supreme Court
     • Granting the Supreme Court the authority to appoint the reporter, its clerk, and the state law librarian
     • Providing for multi-judge districts
     • Granting greater freedom to alter the size and boundaries of judicial districts
     • Eliminating justices of the peace

For more information about the development of the Minnesota appellate system, see 1930 and 1982.

Lake County Courthouse. Tony Webster.

1954

Calling Constitutional Conventions

Because the Constitution requires that multiple amendments submitted to the electorate at the same election must be voted upon separately, legislators can opt instead to call a constitutional convention under Article IX, §2, which allows for substantial revisions or wholesale rewrites of the constitution to be ‘packaged’ as a single proposal put forth to voters. The process for initiating a revision of the constitution via the convention method is more onerous than the process used for making a single amendment. It requires a two-thirds vote of each house and a majority of all voters voting in the general election to ratify a proposal for a convention, after which the legislature is required to enact a formal law to call the convention into session.

The original constitutional provision governing constitutional conventions only laid out the procedure for calling a convention; it failed to designate procedures for adopting or rejecting proposals submitted by the convention. In 1953, the legislature proposed an amendment to address this gap. Approved by voters in 1954, the amendment specified that, following a constitutional convention, voters will have the opportunity to approve or reject the revision within 90 days of the convention finalizing the revision and that the revision must be approved by a three-fifths majority of voters. 

The constitutional convention procedure has never been formally invoked in Minnesota’s history, even when the document was substantially altered with the adoption of the Structure and Form Amendment in 1974.

For more information about the Structure and Form amendment, see 1974.

Minnesota State Office Building, c. 1956. LakesnWoods.

In 1938 the Constitution was Changed 1 Time

In 1932 the Constitution was Changed 1 Time

1930

Development of the Judiciary

Under the original constitution, the Supreme Court was to be comprised of a chief justice and two associate justices. In anticipation of the need for a larger court, the provision organizing the state Supreme Court authorized the legislature to add up to two additional associate justices by a two-thirds vote. In 1881, in response to an increasing caseload, the legislature voted to exercise that authority and added two associate justices to the bench.

In the years that followed, the court’s docket continued to grow. By 1913 it became clear that further change would be needed. However, the legislature’s hands were tied, having already increased the number of associate justices up to the constitutional limit. Other states had previously addressed this issue by creating a statutory commission to assist the supreme court until the constitution could be amended to authorize additional justices. The Minnesota Legislature followed suit, creating the Office of the Commissioner of the Supreme Court, which was comprised of two commissioners who performed all the same duties as justices of the Minnesota Supreme Court except for voting on the outcome of a case. The commission was designed to be abolished upon the addition of two seats to the Court.

Although the legislature proposed an amendment to add seats to the Court in 1913, 1915, and 1926 it wasn’t until 1930 that voters approved an amendment to expand the Court. The 1930 amendment increased the number of justices on the court from five to seven. 

For more information about the development of the Minnesota appellate system, see 1956 and 1982.

Minnesota Supreme Court chambers. Jonathunder.

In 1914 the Constitution was Changed 1 Time

1898

Constitutional Amendment Process

During the state’s constitutional convention, Republican and Democratic delegates were sharply divided over the issue of whether to submit the question of Black suffrage to voters. On one occasion, these debates boiled over into physical conflict when the former territorial governor, Democrat Willis Gorman, attacked Republican delegate Thomas Wilson with a cane.  The deadlock was resolved only when Republican delegates agreed to a compromise: They would accept nearly every provision of the Democrat constitution, including a prohibition on Black suffrage, and, in return, the constitutional amendment procedure would be the easiest process adopted by any state to date. The amendment process adopted by the convention required only a simple majority of both houses at one session and ratification by a simple majority of voters at the next election. Republicans hoped that soon after entering the Union, they would carry the state at an early election, at which point they would submit the question of Black suffrage to the people.

Under this procedure, between 1858 and 1894, Minnesotans adopted nearly 40 amendments. Concerned by the frequency with which the constitution was being amended, the legislature attempted to call a constitutional convention in 1896. This attempt failed, so, instead the legislature proposed a constitutional amendment to make future amendments more difficult. Rather than requiring a majority of votes cast on the amendment question itself, the new provision required that the votes to approve an amendment make up a majority of all votes cast in the election. (Some historians have suggested that the effort to alter the amendment process was spearheaded by liquor interests who were attempting to prevent the adoption of a prohibition amendment, such that the 1898 amendment was dubbed “the brewers’ amendment.”) The amendment was adopted—though, perhaps ironically, it would not have passed under the requirements imposed by the amendment itself. In fact, of the 48 amendments approved by 1898, only 19 would have passed under the new majority required by this amendment. 

The effect of this heightened bar was dramatic: In the next half century, the acceptance rate for proposed amendments plummeted from over 70% to less than one-third (32.5%).

Rally protesting amendment to prohibit same sex marriage. Fibonacci Blue.

1897

Expanding Women’s Suffrage in Local Elections

Following the 1875 amendment allowing women to participate in school elections and school-related office, the legislature proposed, and voters ratified, an amendment expanding women’s right to vote in two ways: First, the amendment allowed women to vote for members of library boards and on measures related to libraries. Second, the amendment removed the requirement that the legislature statutorily authorize women to vote in school-related elections. Instead, the right of women to vote in these elections was placed directly in the Constitution. 

Although women’s suffrage organizations and advocates continued to push for full enfranchisement of women voters, it was only with the passage of the 19th Amendment to the U.S. Constitution in 1920 that women obtained complete suffrage in Minnesota. Even after women were able to participate fully in elections, language restricting the right to vote to men remained in the Minnesota Constitution until 1960 when an amendment removing the obsolete language was approved.

For more information about women’s suffrage, see 1875 and 1960.

Ratification day at the Minnesota Woman Suffrage Association, Sept. 8, 1919. The Woman Citizen (September 27, 1919).

1896

Non-Citizen Voting

Under the original Minnesota Constitution, non-U.S. citizens residing in the state could vote, under the same terms as citizens, so long as they had declared their intention to become a citizen. This section was criticized by Congress when it was considering Minnesota’s admission to the Union. In 1896, the Minnesota legislature proposed an amendment to forbid non-citizens from voting.

Of the six constitutional amendments submitted at the 1896 election, this amendment attracted the least popular attention and received the smallest vote. Less than half of the voters who cast a ballot in the election voted upon the question, and less than thirty percent of the total vote favored its adoption. However, because the old provision for amending the constitution only required a majority of voters voting on the amendment question itself, the measure was approved with 97,980 “yes” votes and 52,454 “no” votes. 

Municipal Home-Rule

Successful efforts to rein in the legislature’s power to pass legislation created a new set of difficulties in Minnesota, particularly for cities. The legislature could no longer respond to more localized problems and local governments could not rely on the legislature to address local issues for them. In 1896, voters approved an amendment to authorize cities to adopt and change their own charters. The home-rule provision was later amended in 1897 to prescribe a maximum term of office for charter commissioners, authorize voters to submit amendments to home-rule charters by petition, and reclassify cities into four instead of three population groups.

For more information about prohibitions against special legislation and its effects, see 1881 and 1892.

The City of Mankato, Minnesota in 1890. Unknown.

In 1894 the Constitution was Changed 1 Time

1892

Prohibition on Special Legislation

 By 1891, it was becoming clear that the legislature’s initial attempt at curbing the influx of special legislation was inadequate. Although the 1881 provision seemed sweeping, it was not comprehensive. Under the 1881 amendment, the legislature could still pass special legislation for cities and amend, modify, and extend any of the previous special legislation it had passed. In 1883, despite constitutional limits to special legislation, special laws were so voluminous that they required publication in a separate volume from general statutes. This continued until 1891 when the legislature once again proposed an amendment further limiting the legislature’s authority to pass special legislation. Approved in 1893, the amendment limited the legislature’s authority to repealing existing special legislation.

For more information about prohibitions against special legislation and its effects, see 1881 and 1896.

In 1890 the Constitution was Changed 1 Time

1881

Reducing Special Legislation

In 1881, voters approved an amendment aimed at stemming the tide of special legislation regulating the local affairs of cities, counties, towns and villages. Because the original Minnesota constitution failed to contain any such prohibition, it became common practice to manage the business of the various localities with numerous special legislative enactments each session. Indeed, the legislature tended to pass more special legislation than general statutes. In 1881, the special laws passed at the regular session occupied nearly a thousand pages. At a special session in the fall of that year, 252 more pages of laws were added. 

In addition to crowding the books, these enactments were viewed as problematic because the governments of the various municipalities were altered year by year without the express consent of the people affected. The legislature itself became disillusioned with the system and proposed an amendment to curtail its own power to pass local and special legislation by prohibiting eleven classes of special laws.

For more information about prohibitions against special legislation, see 1892 and 1896.

1876

Line-Item Veto Power

In 1876, the Constitution was amended to give the governor line-item veto power over appropriations bills. Under this provision, the governor has the power to strike items from an appropriations bill without vetoing the entire bill. In 1915, the legislature proposed an amendment that would enlarge this power and give the governor the authority to veto items in appropriation bills in part, which would have allowed the governor to cut down or alter appropriations items rather than striking them altogether. This amendment did not receive the required legislative majority and was never put before voters.

Minnesota Governor Mark Dayton signing budget bills in 2011. Mark Dayton.

1875

Women’s Suffrage in School Elections

In 1870, the state legislature passed a proposed amendment that would extend the franchise to women, immigrants, and Native Americans. The bill specified that all people otherwise qualified to vote, including women, would be able to vote on the amendment’s passage. However, contrary to the process outlined in the Constitution, Governor Horace Austin—known to be a supporter of women’s suffrage—vetoed the bill, citing the illegality of allowing women to vote on the measure. Although legislators protested that the governor could not legally veto a proposed constitutional amendment (Art. IX makes no mention of the governor’s involvement in the amendment process), the provision never went to a public vote.

It was not until five years later in 1875 that the Constitution was successfully amended to allow for partial women’s suffrage. Even then, the amendment did not directly grant women the ability to participate in elections—instead, it authorized the legislature to pass legislation allowing women to participate in elections related to schools and hold office pertaining solely to the management of schools. It would take another took year before the legislature would actually pass such legislation, thereby permitting women to exercise the limited rights granted by this constitutional provision.

For more information about women’s suffrage, see 1897 and 1960.

Women waiting in line to vote at a downtown Minneapolis precinct, c. 1908. Minnesota Historical Society.

In 1869 the Constitution was Changed 1 Time

1868

African American Suffrage

Upon its creation by Congress in 1849, the newly formed Minnesota Territory decided it would adhere to the federal practice of denying African Americans and other non-whites the right to vote and run for election. These rights were restricted to free white males over twenty-one years old. When delegates met to draft the Minnesota Constitution, they were again confronted with the issue of Black suffrage. Intense debate on this issue formed one of the main points of conflict between the Republicans and Democrats. Ultimately, the two parties compromised when Republican delegates accepted “almost every article of the Democratic document,” including a prohibition on Black suffrage, in exchange for a constitution that would be easy to amend. 

It wasn’t until after the Civil War that the issue was brought to the forefront of state politics. Republicans introduced amendments in 1865, 1867, and 1868 to remove the word “white” from the voting qualifications. In 1868, the amendment passed, making Minnesota just the second state to approve amendments enfranchising African American male voters after the Civil War.

Proceedings of the Convention of Colored Citizens of the State of Minnesota program, 1869. This program was presented at the first political convention black Minnesotans held after gaining the right to vote. Minnesota Historical Society.

1858

Minnesota’s First Two Amendments

In December 1857, five months before Minnesota would be admitted to the Union, the first state legislature convened under the erroneous assumption that statehood began following voter ratification of the state constitution. This legislature passed two proposed amendments to the constitution—one setting the terms of office for the first state officers and the other authorizing the state to make loans to railroad companies—both of which were then approved by voters in April 1858. This all occurred before Congress ratified the state’s constitution, thus, these amendments were technically illegitimate. Nonetheless, the amendments went unchallenged and were allowed to go into effect.

First Minnesota State Capitol, 1853–1872. Minnesota Historical Society.