State Constitutions

MINNESOTA

CONSTITUTION OF THE STATE OF MINNESOTA

Adopted October 13, 1857.

Generally Revised November 5, 1974

Article 1. Bill of rights.

Article 2. Name and boundaries.

Article 3. Distribution of the powers of government.

Article 4. Legislative department.

Article 5. Executive department.

Article 6. Judiciary.

Article 7. Elective franchise.

Article 8. Impeachment and removal from office.

Article 9. Amendments to the constitution.

Article 10. Taxation.

Article 11. Appropriations and finances.

Article 12. Special legislation; local government.

Article 13. Miscellaneous subjects.

Article 14. Public highway system.

Preamble

We, the people of the state of Minnesota, grateful to God

for our civil and religious liberty, and desiring to perpetuate

its blessings and secure the same to ourselves and our

posterity, do ordain and establish this Constitution

ARTICLE I

BILL OF RIGHTS

Section 1. Object of government. Government is

instituted for the security, benefit and protection of the

people, in whom all political power is inherent, together with

the right to alter, modify or reform government whenever

required by the public good.

Sec. 2. Rights and privileges. No member of this

state shall be disfranchised or 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. There shall be neither

slavery nor involuntary servitude in the state otherwise than as

punishment for a crime of which the party has been convicted.

Sec. 3. 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.

Sec. 4. Trial by jury. The right of trial by jury

shall remain inviolate, and shall 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 in the manner prescribed

by law. The legislature may provide that the agreement of

five‑sixths of a jury in a civil action or proceeding, after not

less than six hours' deliberation, is a sufficient verdict. The

legislature may provide for the number of jurors in a civil

action or proceeding, provided that a jury have at least six

members. Amended, November 8, 1988

Sec. 5. No excessive bail or unusual punishments.

Excessive bail shall not be required, nor excessive fines

imposed, nor cruel or unusual punishments inflicted.

Sec. 6. Rights of accused in criminal prosecutions.

In all criminal prosecutions the accused shall enjoy the right

to a speedy and public trial by an impartial jury of the county

or district wherein the crime shall have been committed, which

county or district shall have been previously ascertained by

law. In all prosecutions of crimes defined by law as felonies,

the accused has the right to a jury of 12 members. In all other

criminal prosecutions, the legislature may provide for the

number of jurors, provided that a jury have at least six

members. The accused shall enjoy the right to be informed of

the nature and cause of the accusation, to be confronted with

the witnesses against him, to have compulsory process for

obtaining witnesses in his favor and to have the assistance of

counsel in his defense. Amended, November 8, 1988

Sec. 7. Due process; prosecutions; double jeopardy;

self‑incrimination; bail; 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 privilege of the writ of habeas corpus shall not be

suspended unless the public safety requires it in case of

rebellion or invasion.

Sec. 8. Redress of injuries or wrongs. Every person

is entitled to a certain remedy in the laws for all injuries or

wrongs which he may receive to his person, property or

character, and to obtain justice freely and without purchase,

completely and without denial, promptly and without delay,

conformable to the laws.

Sec. 9. Treason defined. Treason against the state

consists only in levying war against the state, 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.

Sec. 10. Unreasonable searches and seizures

prohibited. The right of the people to be secure in their

persons, houses, papers, and effects against unreasonable

searches and seizures shall not be violated; and no warrant

shall issue but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be

searched and the person or things to be seized.

Sec. 11. Attainders, ex post facto laws and laws

impairing contracts prohibited. No bill of attainder, ex

post facto law, or any law impairing the obligation of contracts

shall be passed, and no conviction shall work corruption of

blood or forfeiture of estate.

Sec. 12. Imprisonment for debt; property exemption.

No person shall be imprisoned for debt in this state, but this

shall not prevent the legislature from providing for

imprisonment, or holding to bail, persons charged with fraud in

contracting said debt. A reasonable amount of property shall be

exempt from seizure or sale for the payment of any debt or

liability. The amount of such exemption shall be determined by

law. Provided, however, that all property so exempted shall be

liable to seizure and sale for any debts incurred to any person

for work done or materials furnished in the construction, repair

or improvement of the same, and provided further, that such

liability to seizure and sale shall also extend to all real

property for any debt to any laborer or servant for labor or

service performed.

Sec. 13. Private property for public use. Private

property shall not be taken, destroyed or damaged for public use

without just compensation therefor, first paid or secured.

Sec. 14. Military power subordinate. The military

shall be subordinate to the civil power and no standing army

shall be maintained in this state in times of peace.

Sec. 15. Lands allodial; void agricultural leases.

All lands within the state are allodial and feudal tenures of

every description with all their incidents are prohibited.

Leases and grants of agricultural lands for a longer period than

21 years reserving rent or service of any kind shall be void.

Sec. 16. Freedom of conscience; no preference to be

given to any religious establishment or mode of worship. The

enumeration of rights in this constitution shall not 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; nor shall any control of or interference with the

rights of conscience be permitted, or any preference be given by

law to any religious establishment or mode of worship; but the

liberty of conscience hereby secured shall not be so construed

as to excuse acts of licentiousness or justify practices

inconsistent with the peace or safety of the state, nor shall

any money be drawn from the treasury for the benefit of any

religious societies or religious or theological seminaries.

Sec. 17. Religious tests and property qualifications

prohibited. No religious test or amount of property shall be

required as a qualification for any office of public trust in

the state. No religious test or amount of property shall be

required as a qualification of any voter at any election in this

state; nor shall any person be rendered incompetent to give

evidence in any court of law or equity in consequence of his

opinion upon the subject of religion.

ARTICLE II

NAME AND BOUNDARIES

Section 1. Name and boundaries; acceptance of organic

act. This state shall be called the state of Minnesota and

shall consist of and have jurisdiction over the territory

embraced in the act of Congress entitled, "An act to authorize

the people of the Territory of Minnesota to form a constitution

and state government, preparatory to their admission into the

Union on equal footing with the original states," and the

propositions contained in that act are hereby accepted, ratified

and confirmed, and remain irrevocable without the consent of the

United States.

Sec. 2. Jurisdiction on boundary waters. The state

of Minnesota has concurrent jurisdiction on the Mississippi and

on all other rivers and waters forming a common boundary with

any other state or states. Navigable waters leading into the

same, shall be common highways and forever free to citizens of

the United States without any tax, duty, impost or toll therefor.

ARTICLE III

DISTRIBUTION OF THE POWERS OF GOVERNMENT

Section 1. Division of powers. The powers of

government shall be divided into three distinct departments:

legislative, executive and judicial. No person or persons

belonging to or constituting one of these departments shall

exercise any of the powers properly belonging to either of the

others except in the instances expressly provided in this

constitution.

ARTICLE IV

LEGISLATIVE DEPARTMENT

Section 1. Composition of legislature. The

legislature consists of the senate and house of representatives.

Sec. 2. Apportionment of members. The number of

members who compose the senate and house of representatives

shall be prescribed by law. The representation in both houses

shall be apportioned equally throughout the different sections

of the state in proportion to the population thereof.

Sec. 3. Census enumeration apportionment; congressional

and legislative district boundaries; senate districts. At

its first session after each enumeration of the inhabitants of

this state made by the authority of the United States, the

legislature shall have the power to prescribe the bounds of

congressional and legislative districts. Senators shall be

chosen by single districts of convenient contiguous territory.

No representative district shall be divided in the formation of

a senate district. The senate districts shall be numbered in a

regular series.

Sec. 4. Terms of office of senators and

representatives; vacancies. Representatives shall be chosen

for a term of two years, except to fill a vacancy. Senators

shall be chosen for a term of four years, except to fill a

vacancy and except there shall be an entire new election of all

the senators at the first election of representatives after each

new legislative apportionment provided for in this article. The

governor shall call elections to fill vacancies in either house

of the legislature.

Sec. 5. Restriction on holding office. No senator

or representative shall hold any other office under the

authority of the United States or the state of Minnesota, except

that of postmaster or of notary public. If elected or appointed

to another office, a legislator may resign from the legislature

by tendering his resignation to the governor.

Sec. 6. Qualification of legislators; judging election

returns and eligibility. Senators and representatives shall

be qualified voters of the state, and shall have resided one

year in the state and six months immediately preceding the

election in the district from which elected. Each house shall

be the judge of the election returns and eligibility of its own

members. The legislature shall prescribe by law the manner for

taking evidence in cases of contested seats in either house.

Sec. 7. Rules of government. Each house may

determine the rules of its proceedings, sit upon its own

adjournment, punish its members for disorderly behavior, and

with the concurrence of two‑thirds expel a member; but no member

shall be expelled a second time for the same offense.

Sec. 8. Oath of office. Each member and officer of

the legislature before entering upon his duties shall take an

oath or affirmation to support the Constitution of the United

States, the constitution of this state, and to discharge

faithfully the duties of his office to the best of his judgment

and ability.

Sec. 9. Compensation. The compensation of senators

and representatives shall be prescribed by law. No increase of

compensation shall take effect during the period for which the

members of the existing house of representatives may have been

elected.

Sec. 10. Privilege from arrest. The members of each

house in all cases except treason, felony and breach of the

peace, shall be privileged from arrest during the session of

their respective houses and in going to or returning from the

same. For any speech or debate in either house they shall not

be questioned in any other place.

Sec. 11. Protest and dissent of members. Two or

more members of either house may dissent and protest against any

act or resolution which they think injurious to the public or to

any individual and have the reason of their dissent entered in

the journal.

Sec. 12. Biennial meetings; length of session; special

sessions; length of adjournments. The legislature shall meet

at the seat of government in regular session in each biennium at

the times prescribed by law for not exceeding a total of 120

legislative days. The legislature shall not meet in regular

session, nor in any adjournment thereof, after the first Monday

following the third Saturday in May of any year. After meeting

at a time prescribed by law, the legislature may adjourn to

another time. "Legislative day" shall be defined by law. A

special session of the legislature may be called by the governor

on extraordinary occasions.

Neither house during a session of the legislature shall

adjourn for more than three days (Sundays excepted) nor to any

other place than that in which the two houses shall be assembled

without the consent of the other house.

Sec. 13. Quorum. A majority of each house

constitutes a quorum to transact business, but a smaller number

may adjourn from day to day and compel the attendance of absent

members in the manner and under the penalties it may provide.

Sec. 14. Open sessions. Each house shall be open to

the public during its sessions except in cases which in its

opinion require secrecy.

Sec. 15. Officers; journals. Each house shall elect

its presiding officer and other officers as may be provided by

law. Both houses shall keep journals of their proceedings, and

from time to time publish the same, and the yeas and nays, when

taken on any question, shall be entered in the journals.

Sec. 16. Elections viva voce. In all elections by

the legislature members shall vote viva voce and their votes

shall be entered in the journal.

Sec. 17. Laws to embrace only one subject. No law

shall embrace more than one subject, which shall be expressed in

its title.

Sec. 18. Revenue bills to originate in house. All

bills for raising revenue shall originate in the house of

representatives, but the senate may propose and concur with the

amendments as on other bills.

Sec. 19. Reporting of bills. Every bill shall be

reported on three different days in each house, unless, in case

of urgency, two‑thirds of the house where the bill is pending

deem it expedient to dispense with this rule.

Sec. 20. Enrollment of bills. Every bill passed by

both houses shall be enrolled and signed by the presiding

officer of each house. Any presiding officer refusing to sign a

bill passed by both houses shall thereafter be disqualified from

any office of honor or profit in the state. Each house by rule

shall provide the manner in which a bill shall be certified for

presentation to the governor in case of such refusal.

Sec. 21. Passage of bills on last day of session

prohibited. No bill shall be passed by either house upon the

day prescribed for adjournment. This section shall not preclude

the enrollment of a bill or its transmittal from one house to

the other or to the executive for his signature.

Sec. 22. Majority vote of all members to pass a law.

The style of all laws of this state shall be: "Be it enacted

by the legislature of the state of Minnesota." No law shall be

passed unless voted for by a majority of all the members elected

to each house of the legislature, and the vote entered in the

journal of each house.

Sec. 23. Approval of bills by governor; action on

veto. Every bill passed in conformity to the rules of each

house and the joint rules of the two houses shall be presented

to the governor. If he approves a bill, he shall sign it,

deposit it in the office of the secretary of state and notify

the house in which it originated of that fact. If he vetoes a

bill, he shall return it with his objections to the house in

which it originated. His objections shall be entered in the

journal. If, after reconsideration, two‑thirds of that house

agree to pass the bill, it shall be sent, together with the

governor's objections, to the other house, which shall likewise

reconsider it. If approved by two‑thirds of that house it

becomes a law and shall be deposited in the office of the

secretary of state. In such cases the votes of both houses

shall be determined by yeas and nays, and the names of the

persons voting for or against the bill shall be entered in the

journal of each house. Any bill not returned by the governor

within three days (Sundays excepted) after it is presented to

him becomes a law as if he had signed it, unless the legislature

by adjournment within that time prevents its return. Any bill

passed during the last three days of a session may be presented

to the governor during the three days following the day of final

adjournment and becomes law if the governor signs and deposits

it in the office of the secretary of state within 14 days after

the adjournment of the legislature. Any bill passed during the

last three days of the session which is not signed and deposited

within 14 days after adjournment does not become a law.

If a bill presented to the governor contains several items

of appropriation of money, he may veto one or more of the items

while approving the bill. At the time he signs the bill the

governor shall append to it a statement of the items he vetoes

and the vetoed items shall not take effect. If the legislature

is in session, he shall transmit to the house in which the bill

originated a copy of the statement, and the items vetoed shall

be separately reconsidered. If on reconsideration any item is

approved by two‑thirds of the members elected to each house, it

is a part of the law notwithstanding the objections of the

governor.

Sec. 24. Presentation of orders, resolutions, and votes

to governor. Each order, resolution or vote requiring the

concurrence of the two houses except such as relate to the

business or adjournment of the legislature shall be presented to

the governor and is subject to his veto as prescribed in case of

a bill.

Sec. 25. Disorderly conduct. During a session each

house may punish by imprisonment for not more than 24 hours any

person not a member who is guilty of any disorderly or

contemptuous behavior in its presence.

Sec. 26. Banking laws; two‑thirds votes. Passage of

a general banking law requires the vote of two‑thirds of the

members of each house of the legislature.

ARTICLE V

EXECUTIVE DEPARTMENT

Section 1. Executive officers. The executive

department consists of a governor, lieutenant governor,

secretary of state, auditor, and attorney general, who shall be

chosen by the electors of the state. The governor and

lieutenant governor shall be chosen jointly by a single vote

applying to both offices in a manner prescribed by law.

Amended, November 3, 1998

Sec. 2. Term of governor and lieutenant governor;

qualifications. The term of office for the governor and

lieutenant governor is four years and until a successor is

chosen and qualified. Each shall have attained the age of 25

years and, shall have been a bona fide resident of the state for

one year next preceding his election, and shall be a citizen of

the United States.

Sec. 3. Powers and duties of governor. The governor

shall communicate by message to each session of the legislature

information touching the state and country. He is

commander‑in‑chief of the military and naval forces and may call

them out to execute the laws, suppress insurrection and repel

invasion. He may require the opinion in writing of the

principal officer in each of the executive departments upon any

subject relating to his duties. With the advice and consent of

the senate he may appoint notaries public and other officers

provided by law. He may appoint commissioners to take the

acknowledgment of deeds or other instruments in writing to be

used in the state. He shall take care that the laws be

faithfully executed. He shall fill any vacancy that may occur

in the offices of secretary of state, auditor, attorney general

and the other state and district offices hereafter created by

law until the end of the term for which the person who had

vacated the office was elected or the first Monday in January

following the next general election, whichever is sooner, and

until a successor is chosen and qualified. Amended, November

3, 1998

Sec. 4. Terms and salaries of executive officers.

The term of office of the secretary of state, attorney general

and state auditor is four years and until a successor is chosen

and qualified. The duties and salaries of the executive

officers shall be prescribed by law. Amended, November 3,

1998

Sec. 5. Succession to offices of governor and

lieutenant governor. In case a vacancy occurs from any cause

whatever in the office of governor, the lieutenant governor

shall be governor during such vacancy. The compensation of the

lieutenant governor shall be prescribed by law. The last

elected presiding officer of the senate shall become lieutenant

governor in case a vacancy occurs in that office. In case the

governor is unable to discharge the powers and duties of his

office, the same devolves on the lieutenant governor. The

legislature may provide by law for the case of the removal,

death, resignation, or inability both of the governor and

lieutenant governor to discharge the duties of governor and may

provide by law for continuity of government in periods of

emergency resulting from disasters caused by enemy attack in

this state, including but not limited to, succession to the

powers and duties of public office and change of the seat of

government.

Sec. 6. Oath of office of state officers. Each

officer created by this article before entering upon his duties

shall take an oath or affirmation to support the constitution of

the United States and of this state and to discharge faithfully

the duties of his office to the best of his judgment and ability.

Sec. 7. Board of pardons. The governor, the

attorney general and the chief justice of the supreme court

constitute a board of pardons. Its powers and duties shall be

defined and regulated by law. The governor in conjunction with

the board of pardons has power to grant reprieves and pardons

after conviction for an offense against the state except in

cases of impeachment.

ARTICLE VI

JUDICIARY

Section 1. Judicial power. The judicial power of

the state is vested in a supreme court, a court of appeals, if

established by the legislature, a district court and such other

courts, judicial officers and commissioners with jurisdiction

inferior to the district court as the legislature may

establish. Amended, November 2, 1982

Sec. 2. Supreme court. The supreme court consists

of one chief judge and not less than six nor more than eight

associate judges as the legislature may establish. It shall

have original jurisdiction in such remedial cases as are

prescribed by law, and appellate jurisdiction in all cases, but

there shall be no trial by jury in the supreme court.

The legislature may establish a court of appeals and

provide by law for the number of its judges, who shall not be

judges of any other court, and its organization and for the

review of its decisions by the supreme court. The court of

appeals shall have appellate jurisdiction over all courts,

except the supreme court, and other appellate jurisdiction as

prescribed by law.

As provided by law judges of the court of appeals or of the

district court may be assigned temporarily to act as judges of

the supreme court upon its request and judges of the district

court may be assigned temporarily by the supreme court to act as

judges of the court of appeals.

The supreme court shall appoint to serve at its pleasure a

clerk, a reporter, a state law librarian and other necessary

employees. Amended, November 2, 1982

Sec. 3. Jurisdiction of district court. The

district court has original jurisdiction in all civil and

criminal cases and shall have appellate jurisdiction as

prescribed by law.

Sec. 4. Judicial districts; district judges. The

number and boundaries of judicial districts shall be established

in the manner provided by law but the office of a district judge

shall not be abolished during his ter