Minnesota, abbreviated as MN, is a state located in the Midwestern and Upper Midwestern regions of the United States. Often referred to as the “Land of 10,000 Lakes” or the “North Star State,” Minnesota boasts a rich history, diverse geography, and a robust legal framework defined by its state constitution. Understanding “What State Is Mn” goes beyond just knowing its name; it involves delving into its foundational principles and governmental structure as outlined in its constitution.
This document, the Minnesota State Constitution, serves as the supreme law of the state, detailing the organization of state government, the rights of its citizens, and the fundamental principles upon which Minnesota is governed. Adopted initially on October 13, 1857, and generally revised on November 5, 1974, the constitution reflects the evolving needs and values of the people of Minnesota.
To truly understand “what state is MN,” examining its constitution is crucial. It provides a blueprint for how Minnesota operates as a state within the United States, ensuring the liberty and well-being of its populace. Let’s explore the key articles of this vital document to gain a deeper understanding of Minnesota.
Unpacking the Minnesota State Constitution
The Minnesota State Constitution is organized into a preamble and fourteen articles, each addressing a critical aspect of governance and citizen rights.
Article I: Bill of Rights – Safeguarding Fundamental Freedoms
Similar to the U.S. Bill of Rights, Article I of the Minnesota Constitution enumerates the fundamental rights and privileges of individuals within the state. It emphasizes that government is instituted for the people’s benefit and protection, with political power inherent in the people themselves.
Key Sections of Article I:
- Section 1. Object of government: Establishes the purpose of government as securing the people’s security, benefit, and protection, affirming their right to alter or reform government for the public good.
- Section 2. Rights and privileges: Guarantees equal rights and privileges to all citizens, abolishing slavery and involuntary servitude except as punishment for a crime.
- Section 3. Liberty of the press: Ensures the freedom of the press, allowing individuals to freely express their sentiments while holding them responsible for any abuse of this right.
- Section 4. Trial by jury: Protects the right to a jury trial in legal cases, allowing for waivers and legislative provisions for jury size and majority verdicts in civil cases.
- Section 5. No excessive bail or unusual punishments: Prohibits excessive bail, fines, and cruel or unusual punishments, ensuring fair treatment within the justice system.
- Section 6. Rights of accused in criminal prosecutions: Outlines the rights of the accused in criminal cases, including speedy and public trial by an impartial jury, being informed of accusations, confronting witnesses, obtaining witnesses in their favor, and legal counsel.
- Section 7. Due process; prosecutions; double jeopardy; self-incrimination; bail; habeas corpus: Guarantees due process of law, protection against double jeopardy and self-incrimination, the right to bail before conviction (except in capital offenses), and the privilege of habeas corpus unless public safety necessitates suspension during rebellion or invasion.
- Section 8. Redress of injuries or wrongs: Ensures access to legal remedies for injuries or wrongs, guaranteeing justice that is free, complete, prompt, and without denial or delay.
- Section 9. Treason defined: Defines treason as levying war against the state or aiding its enemies, requiring testimony from two witnesses or confession in open court for conviction.
- Section 10. Unreasonable searches and seizures prohibited: Protects individuals from unreasonable searches and seizures, requiring warrants based on probable cause and specific descriptions of places and items to be searched or seized.
- Section 11. Attainders, ex post facto laws and laws impairing contracts prohibited: Forbids bills of attainder, ex post facto laws, and laws impairing contract obligations.
- Section 12. Imprisonment for debt; property exemption: Prohibits imprisonment for debt, while allowing for imprisonment for fraud in contracting debt and establishing reasonable property exemptions, with exceptions for debts related to property improvement and labor.
- Section 13. Private property for public use: Protects private property rights, requiring just compensation for property taken, destroyed, or damaged for public use, paid or secured beforehand.
- Section 14. Military power subordinate: Establishes the principle of military subordination to civil power and prohibits standing armies in peacetime.
- Section 15. Lands allodial; void agricultural leases: Declares all lands within the state as allodial, prohibiting feudal tenures, and invalidates agricultural land leases exceeding 21 years with reserved rent or service.
- Section 16. Freedom of conscience; no preference to be given to any religious establishment or mode of worship: Guarantees freedom of conscience and worship, prohibiting compulsion to support religious institutions or ministries, and preventing religious preferences by law, while ensuring this liberty does not excuse licentiousness or practices against state peace and safety, and barring public funds for religious societies or seminaries.
- Section 17. Religious tests and property qualifications prohibited: Prohibits religious or property tests for public office or voter qualification, ensuring religious opinion does not disqualify individuals from giving evidence in court.
Article I firmly establishes the fundamental rights of individuals in Minnesota, mirroring and expanding upon the principles of liberty and justice found in the U.S. Bill of Rights.
Article II: Name and Boundaries – Defining “MN State”
Article II clearly defines “what state is MN” in geographical and jurisdictional terms.
Key Sections of Article II:
- Section 1. Name and boundaries; acceptance of organic act: Officially names the state as “the state of Minnesota” and defines its territory and jurisdiction based on the act of Congress that authorized Minnesota to form a constitution and state government, accepting the propositions within that act.
- Section 2. Jurisdiction on boundary waters: Establishes concurrent jurisdiction with other states over boundary waters like the Mississippi River, ensuring navigable waters remain common highways free of taxes or tolls for U.S. citizens.
This article sets the stage for Minnesota’s legal and political identity as a distinct entity within the United States.
Article III: Distribution of the Powers of Government – Separation of Powers in MN
Article III establishes the foundational principle of separated powers within Minnesota’s government.
Key Section of Article III:
- Section 1. Division of powers: Divides governmental power into three distinct branches: legislative, executive, and judicial. It prevents any branch from exercising powers belonging to another, except as explicitly stated in the constitution, ensuring a balance of authority.
This separation of powers is a cornerstone of democratic governance, preventing tyranny and promoting checks and balances within the state government.
Article IV: Legislative Department – Lawmaking in Minnesota
Article IV details the structure and function of the legislative branch, the body responsible for creating laws in Minnesota.
Key Sections of Article IV:
- Section 1. Composition of legislature: Defines the legislature as consisting of the senate and house of representatives, establishing a bicameral system.
- Section 2. Apportionment of members: States that the number of senators and representatives is determined by law, with representation in both houses proportionally distributed across the state based on population.
- Section 3. Census enumeration apportionment; congressional and legislative district boundaries; senate districts: Mandates the legislature to define congressional and legislative districts after each U.S. census, ensuring senators are chosen from single, contiguous districts, and representative districts are not divided in senate district formation, with senate districts numbered sequentially.
- Section 4. Terms of office of senators and representatives; vacancies: Sets representative terms at two years (except for vacancies) and senator terms at four years (except for vacancies and a full senate reelection after each legislative apportionment), with the governor calling elections to fill legislative vacancies.
- Section 5. Restriction on holding office: Prohibits legislators from holding other U.S. or Minnesota state offices, except postmaster or notary public, allowing resignation from the legislature if elected or appointed to another office.
- Section 6. Qualification of legislators; judging election returns and eligibility: Defines legislator qualifications as state voters, one-year state residents, and six-month district residents before election, with each house judging member elections and eligibility. The legislature is tasked with prescribing evidence-taking methods for contested seats.
- Section 7. Rules of government: Grants each house the power to set its rules, adjourn itself, discipline members, and expel members with a two-thirds vote (no double expulsion for the same offense).
- Section 8. Oath of office: Requires all legislators and officers to swear an oath to support the U.S. and Minnesota Constitutions and faithfully discharge their duties.
- Section 9. Compensation: Establishes a council to prescribe legislator salaries by March 31 of odd-numbered years, effective July 1, considering other legislative compensation. The council’s composition and rules are detailed, ensuring impartiality and preventing conflicts of interest.
- Section 10. Privilege from arrest: Grants legislators privilege from arrest (except for treason, felony, or breach of peace) during sessions and travel to/from sessions, protecting legislative freedom of speech and debate from external questioning.
- Section 11. Protest and dissent of members: Allows two or more legislators to dissent and protest actions or resolutions they deem harmful, with their dissent reasons entered into the journal.
- Section 12. Biennial meetings; length of session; special sessions; length of adjournments: Mandates biennial legislative sessions at the capital, limited to 120 legislative days, not extending beyond the first Monday after the third Saturday in May annually. Special sessions can be called by the governor. Adjournments during sessions are limited to three days (excluding Sundays) without the other house’s consent, and both houses must assemble in the same place.
- Section 13. Quorum: Defines a quorum as a majority of each house for transacting business, allowing smaller numbers to adjourn and compel absent member attendance.
- Section 14. Open sessions: Requires open legislative sessions to the public, except when secrecy is deemed necessary.
- Section 15. Officers; journals: Mandates each house to elect presiding and other officers and keep journals of proceedings, publishing them and recording yeas and nays on questions.
- Section 16. Elections viva voce: Requires viva voce (oral) voting in legislative elections, with votes recorded in the journal.
- Section 17. Laws to embrace only one subject: Stipulates that laws must address only one subject, clearly stated in the title.
- Section 18. Revenue bills to originate in house: Requires revenue-raising bills to originate in the House of Representatives, though the Senate can amend them.
- Section 19. Reporting of bills: Requires bills to be reported on three separate days in each house, unless urgency dictates dispensing with this rule by a two-thirds vote in the relevant house.
- Section 20. Enrollment of bills: Mandates enrollment and signing of passed bills by presiding officers, disqualifying officers who refuse to sign from state office. Each house must establish rules for bill certification to the governor in case of refusal.
- Section 21. Passage of bills on last day of session prohibited: Prohibits bill passage on the adjournment day, not preventing bill enrollment or transmittal between houses or to the executive for signature.
- Section 22. Majority vote of all members to pass a law: Establishes “Be it enacted by the legislature of the state of Minnesota” as the enacting style for laws, requiring a majority vote of all elected members in each house for law passage, with votes entered in journals.
- Section 23. Approval of bills by governor; action on veto: Details bill presentation to the governor for approval. Approval leads to signing, state secretary deposit, and house notification. Vetoed bills are returned with objections for reconsideration; a two-thirds vote in each house overrides veto. Bills not returned within three days (excluding Sundays) become law unless legislative adjournment prevents return. Bills passed in the last three session days can be presented to the governor within three days post-adjournment, becoming law if signed within 14 days of adjournment. Item veto power for appropriation bills is granted, with vetoed items subject to legislative override.
- Section 24. Presentation of orders, resolutions, and votes to governor: Extends gubernatorial veto power to orders, resolutions, or votes requiring both houses’ concurrence, except those related to legislative business or adjournment.
- Section 25. Disorderly conduct: Allows each house to punish non-members for disorderly or contemptuous behavior during sessions with imprisonment up to 24 hours.
- Section 26. Banking laws; two-thirds votes: Requires a two-thirds vote in each legislative house for passing general banking laws.
Article IV meticulously lays out the legislative process in Minnesota, ensuring a structured and representative lawmaking system.
Article V: Executive Department – Governing Minnesota
Article V focuses on the executive branch, outlining the key executive officers and their roles in governing Minnesota.
Key Sections of Article V:
- Section 1. Executive officers: Defines the executive department as comprising a governor, lieutenant governor, secretary of state, auditor, and attorney general, all elected by state voters, with the governor and lieutenant governor chosen jointly.
- Section 2. Term of governor and lieutenant governor; qualifications: Sets governor and lieutenant governor terms at four years, until successors qualify, requiring them to be at least 25, state residents for a year before election, and U.S. citizens.
- Section 3. Powers and duties of governor: Outlines the governor’s duties, including communicating state and country information to the legislature, commanding military and naval forces, enforcing laws, suppressing insurrections, repelling invasions, seeking written opinions from executive officers, appointing notaries and other officers (with senate consent), appointing deed acknowledgment commissioners, filling vacancies in state and district offices until elections or successor qualification.
- Section 4. Terms and salaries of executive officers: Sets four-year terms for the secretary of state, attorney general, and state auditor, until successors qualify, with duties and salaries defined by law.
- Section 5. Succession to offices of governor and lieutenant governor: Establishes the lieutenant governor as governor upon gubernatorial vacancy. The last elected senate presiding officer becomes lieutenant governor if that office is vacant. The lieutenant governor assumes gubernatorial powers if the governor is unable to discharge duties. The legislature may provide for succession in cases of removal, death, resignation, or inability of both governor and lieutenant governor, and for governmental continuity during emergencies, including succession to office and seat of government change.
- Section 6. Oath of office of state officers: Requires all executive officers to take an oath to support the U.S. and Minnesota constitutions and faithfully perform their duties.
- Section 7. Board of pardons: Establishes a board of pardons consisting of the governor, attorney general, and chief justice of the supreme court, with powers and duties defined by law. The governor, with the board, can grant reprieves and pardons after conviction, except in impeachment cases.
Article V details the executive leadership of Minnesota, defining the powers and responsibilities of its top officers.
Article VI: Judiciary – Justice System of MN
Article VI establishes the judicial branch of Minnesota, outlining its structure and jurisdiction.
Key Sections of Article VI:
- Section 1. Judicial power: Vests judicial power in a supreme court, a court of appeals (if established), district courts, and other inferior courts, officers, and commissioners established by the legislature.
- Section 2. Supreme court: Defines the supreme court as consisting of a chief judge and at least six to eight associate judges set by the legislature. It has original jurisdiction in remedial cases defined by law and appellate jurisdiction in all cases, without jury trials. The legislature can establish a court of appeals, defining its judges’ number, organization, and supreme court review of its decisions. The court of appeals has appellate jurisdiction over all courts except the supreme court and other appellate jurisdiction as defined by law. Judges can be temporarily assigned between courts. The supreme court appoints a clerk, reporter, state law librarian, and other staff.
- Section 3. Jurisdiction of district court: Grants district courts original jurisdiction in all civil and criminal cases and appellate jurisdiction as defined by law.
- Section 4. Judicial districts; district judges: Mandates the establishment of judicial districts by law, ensuring district judge offices are not abolished during terms and requiring at least two district judges per district, each resident in their district during service.
- Section 5. Qualifications; compensation: Requires supreme court, court of appeals, and district court judges to be learned in law, with other judicial officer qualifications set by law. Judge compensation is set by the legislature and cannot be reduced during their term.
- Section 6. Holding other office: Prohibits supreme court, court of appeals, and district court judges from holding other U.S. offices (except military reserve commissions) or other state offices, with their term ending upon candidacy for U.S. or nonjudicial state elective office.
- Section 7. Term of office; election: Sets judicial terms at six years, until successors qualify, elected by voters in their service area as provided by law.
- Section 8. Vacancy: Requires the governor to appoint qualified persons to fill judicial vacancies until a successor is elected for a six-year term at the next general election more than a year after appointment.
- Section 9. Retirement, removal and discipline: Allows the legislature to provide for judge retirement, term extensions for judges nearing retirement eligibility, and retirement, removal, or discipline for disabled, incompetent, or misconducting judges.
- Section 10. Retired judges: Permits retired judge assignment to hear and decide cases within the jurisdiction of the assigned court, as provided by law.
- Section 11. Probate jurisdiction: Mandates legal provision for original jurisdiction in law and equity for estate administration, guardianship, incompetency proceedings, trust estate administration, and death tax determination.
- Section 12. Abolition of probate court; status of judges: If probate court is abolished, learned-in-law probate judges become judges of the court assuming probate jurisdiction.
- Section 13. District court clerks: Requires a district court clerk in each county, with qualifications, duties, and compensation set by law, serving at the pleasure of the district court judges in each district.
Article VI establishes the framework for Minnesota’s judicial system, ensuring the administration of justice within the state.
Article VII: Elective Franchise – Voting Rights in MN
Article VII outlines the rules and rights related to elections and voting in Minnesota.
Key Sections of Article VII:
- Section 1. Eligibility; place of voting; ineligible persons: Defines voter eligibility as U.S. citizens for three months, 18 years or older, and precinct residents for 30 days before election. Law prescribes voting location for those changing residence within 30 days. Ineligibility includes those not meeting requirements, convicted of treason or felony (unless rights restored), under guardianship, insane, or mentally incompetent.
- Section 2. Residence: Clarifies that residence for voting is not lost solely due to absence for U.S. service, water-related work, student status, almshouse/asylum residency, or prison confinement. Military personnel stationed in the state are not residents solely due to stationing.
- Section 3. Uniform oath at elections: Mandates a uniform oath or affirmation for elections, prohibiting compulsion to take other oaths for voting.
- Section 4. Civil process suspended on election day: Suspends civil process arrests on election days.
- Section 5. Elections by ballot: Requires elections to be by ballot, except for town officers as legally directed otherwise.
- Section 6. Eligibility to hold office: Sets office eligibility at 21 years of age and voter status in the relevant district for 30 days before election, unless constitution or U.S. law specifies otherwise.
- Section 7. Official year of state: Sets the official state year to begin on the first Monday in January, with all office terms ending then. General elections are on the first Tuesday after the first Monday in November in even-numbered years.
- Section 8. Election returns to secretary of state; board of canvassers: Requires statewide office election returns to be made to the secretary of state, who convenes a canvassing board of supreme court judges and disinterested district court judges to canvass returns and declare results within three days.
- Section 9. Campaign spending limits: Mandates legal limits on campaign spending for constitutional and legislative offices and requires legal disclosure of contributions and expenditures for state elective office candidates.
Article VII ensures the democratic process in Minnesota through defined voting rights and election procedures.
Article VIII: Impeachment and Removal from Office – Accountability of Officials
Article VIII details the processes for impeachment and removal of state officials.
Key Sections of Article VIII:
- Section 1. Impeachment powers: Grants the House of Representatives sole impeachment power by majority vote, with trials held by the Senate. Senators are required to take an oath to do justice, and conviction requires a two-thirds vote of senators present.
- Section 2. Officers subject to impeachment; grounds; judgment: Lists impeachable officers as governor, secretary of state, auditor, attorney general, and supreme court, court of appeals, and district court judges, for corrupt conduct, crimes, and misdemeanors. Judgment is limited to office removal and disqualification from future state office, but convicted parties remain subject to legal indictment, trial, judgment, and punishment.
- Section 3. Suspension: Suspends impeached officers from duty until acquittal.
- Section 4. Service of impeachment papers: Requires serving impeachment papers to the accused at least 20 days before trial.
- Section 5. Removal of inferior officers: Permits the legislature to provide for inferior officer removal for malfeasance or nonfeasance.
- Section 6. Recall: Allows for recall of senators, representatives, executive officers (Article V, section 1), and supreme court, court of appeals, and district court judges. The supreme court sets grounds for judge recall. Grounds for other officers are serious malfeasance/nonfeasance or felony conviction during their term. Recall petitions must detail warranting conduct and are issued only after supreme court verification of facts and sufficient grounds. Petitions require signatures from 25% of voters in the officer’s district from the last general election. The secretary of state determines petition sufficiency, triggering a recall election unless within six months of term end. Recalled or resigning officers after a petition cannot fill the created vacancy.
Article VIII provides mechanisms for holding state officials accountable for their conduct in office.
Article IX: Amendments to the Constitution – Evolving MN’s Governance
Article IX outlines how the Minnesota Constitution can be amended or revised to adapt to changing times.
Key Sections of Article IX:
- Section 1. Amendments; ratification: Allows a majority in each legislative house to propose constitutional amendments, published with laws and submitted for voter approval at a general election. Majority voter ratification makes the amendment part of the constitution. Multiple amendments are voted on separately.
- Section 2. Constitutional convention: Permits two-thirds of each legislative house to submit to voters the question of calling a constitutional revision convention at the next general election. A majority vote for a convention mandates the legislature to call it in the next session. Conventions consist of house member-equivalent delegates, chosen like representatives, meeting within three months of election. Article IV, section 5 (restriction on holding office) does not apply to convention elections.
- Section 3. Submission to people of constitution drafted at convention: Requires a constitutional revision convention to submit revisions for voter approval or rejection at the next general election at least 90 days post-submission. Three-fifths of voters ratifying the revision makes it the new state constitution.
Article IX ensures the Minnesota Constitution remains a living document, capable of amendment and revision to meet the needs of future generations.
Article X: Taxation – Funding MN’s State Services
Article X addresses taxation within Minnesota, defining the state’s powers and limitations in this crucial area.
Key Sections of Article X:
- Section 1. Power of taxation; exemptions; legislative powers: States that taxation power is inherent and cannot be surrendered. Taxes must be uniform within subject classes and for public purposes. Exemptions include public burial grounds, schools, hospitals, learning institutions, churches, charities, and public property. Personal property exemptions up to $200 per household and household goods/farm machinery are allowed. Municipalities can levy assessments for local improvements without cash valuation limits. The legislature can define or limit exemptions, excluding churches, worship houses, and educational properties of learning institutions.
- Section 2. Forestation: Allows laws to encourage forestation and reforestation on public and private lands by setting fixed annual land taxes for years and yield taxes on timber and forest products at term end.
- Section 3. Occupation tax; ores: Imposes an occupation tax on mining or producing iron or other ores, additional to other taxes, due May 1 following production year. Ore valuation for tax is legally defined. Tax funds are allocated: 50% to the state general fund, 40% to elementary and secondary schools, and 10% to the university.
- Section 4. Motor fuel taxation: Permits excise tax on aircraft and motor vehicle fuel used off public highways for airport purposes.
- Section 5. Aircraft: Allows higher taxation on aircraft using state airspace than other personal property, in lieu of other taxes. This tax can apply to companies taxed under gross earnings systems, even if aircraft earnings are included. Non-resident aircraft temporarily using state airspace can be exempted.
- Section 6. Taconite taxation: Protects Laws of Minnesota 1963, Chapter 81, regarding taconite and semi-taconite taxation until November 4, 1989. Laws can fix or limit taxes on copper, copper-nickel, or nickel mining/production until 1990. Taxes on taconite/semi-taconite mining and iron concentrate production, in lieu of property tax, are not considered occupation, royalty, or excise taxes under this amendment.
- Section 8. Parimutuel betting: Permits the legislature to authorize on-track parimutuel horse racing betting as legally prescribed.
Article X details the state’s taxation powers, exemptions, and specific provisions for key industries and activities in Minnesota.
Article XI: Appropriations and Finances – Managing State Funds
Article XI governs appropriations and state finances, ensuring responsible management of public funds.
Key Sections of Article XI:
- Section 1. Money paid from state treasury: Requires all state treasury payments to be pursuant to legal appropriation.
- Section 2. Credit of the state limited: Restricts state credit from being given or loaned to individuals, associations, or corporations, except as constitutionally provided.
- Section 3. Internal improvements prohibited; exceptions: Prohibits state involvement in internal improvements, except constitutionally authorized. Dedicated grants must be used for specified purposes, with revenues pledged for project completion.
- Section 4. Power to contract public debt; public debt defined: Permits state public debt contraction, pledging full faith, credit, and taxing powers as legally authorized, for purposes in section 5. Public debt includes obligations from statewide property, income, transaction, or privilege taxes, excluding revenue-based obligations.
- Section 5. Public debt and works of internal improvement; purposes: Lists purposes for public debt and internal improvements: (a) acquiring/improving public lands, buildings, and capital improvements, and providing funds to state agencies or subdivisions (if law passes by three-fifths legislative vote); (b) repelling invasion or suppressing insurrection; (c) temporary borrowing (section 6); (d) refunding state or agency bonds; (e) establishing/maintaining highways (Article XIV limits); (f) promoting forestation and fire prevention; (g) constructing/improving airports; (h) developing agricultural resources via real estate credit; (i) improving/rehabilitating rail facilities (debt limit $200M par value); and (j) other constitutionally authorized purposes. Subdivisions can engage in (f), (g), (i) works and incur debt.
- Section 6. Certificates of indebtedness: Allows biennium certificates of indebtedness issuance, starting July 1 of odd-numbered years, ending June 30 of the next, anticipating tax collection and revenues for state fund expenditure. Certificate amounts plus interest cannot exceed the unexpended fund balance during the biennium. Maturities can be refunded to December 1 of the year after the biennium. If fund money is insufficient to pay certificates and interest by December 1, the state auditor levies a state property tax in the ensuing year to cover the amount by December 1, with interest.
- Section 7. Bonds: Requires public debt (excluding section 6 certificates) to be evidenced by state bonds, maturing within 20 years, with laws specifying purposes and maximum expenditure per purpose. A special state bond fund is maintained. For bonds pledging full faith and credit, the state auditor annually levies a state property tax to cover principal and interest due within the year and up to July 1 of the next year. The legislature can appropriate funds to the state bond fund, reducing required tax levy.
- Section 8. Permanent school fund; source; investment; board of investment: Defines the permanent school fund as proceeds from U.S.-granted school lands, swamp lands, existing fund cash/investments, and internal improvement land fund assets. Land sales must be public. Land sale proceeds and pre-sale income credit the fund. The fund is invested for maximum return consistent with perpetuity, with principal inviolate. Investment sales below cost are allowed, with losses offset by future interest/dividends. Net interest/dividends are distributed to school districts as legally prescribed. A board of investment (governor, state auditor, secretary of state, attorney general) manages state fund investment, prohibiting underwriting or direct municipal security purchase from issuers.
- Section 9. Investment of permanent university fund; restrictions: Allows permanent university fund loans/investments in county, school district, city, or town bonds and first mortgage farm land loans, board of investment approved. No investment if bonds exceed 15% of the issuer’s taxable property valuation, or farm loans exceed 30% of mortgaged land value. Minimum 2% annual interest, loan terms 1-30 years.
- Section 10. Exchange of public lands; reservation of rights: Permits state public land exchange for public or private lands with unanimous governor, attorney general, and state auditor approval. Acquired lands are subject to prior trusts. The state reserves mineral and water power rights in transferred lands.
- Section 11. Timber lands set apart as state forests; disposition of revenue: Allows setting aside school and public lands better suited for timber as state forests, managed on forestry principles. Net revenue is used for the lands’ original granted purposes.
- Section 12. County, township or municipal aid to railroads limited: Limits county, township, or municipal debt for railroad aid to 5% of taxable property value based on the last assessment before debt incurrence.
- Section 13. Safekeeping state funds; security; deposit of funds; embezzlement: Requires state fund officers to provide security, keep accurate records, and prohibits personal use, loaning, personal name deposits, or unauthorized exchanges of state or school funds, defining such acts as felony embezzlement. Failure to account for funds on demand is prima facie evidence of embezzlement.
- Section 14. Environment and natural resources fund: Establishes a permanent environment and natural resources trust fund for protecting, conserving, preserving, and enhancing state air, water, land, wildlife, and natural resources. Fund assets cannot pay bond principal/interest or wastewater facility costs (except research). Annual appropriations (biennially starting July 1 of odd-numbered years) are capped at 7% of fund market value on June 30 of the year before the biennium. At least 40% of state-operated lottery net proceeds must credit the fund until December 31, 2050.
- Section 15. Outdoor heritage, clean water, parks and trails, and arts and cultural heritage; sales tax dedicated funds: From July 1, 2009, to June 30, 2034, sales/use tax increases by 3/8 of 1% for dedicated funds: 33% to outdoor heritage (wetlands, prairies, forests, habitat); 33% to clean water (water quality, groundwater, drinking water source protection, with at least 5% for drinking water); 14.25% to parks and trails (regional/statewide significance); and 19.75% to arts and cultural heritage. These funds supplement traditional funding sources. Outdoor heritage fund land acquisitions are open to public fishing/hunting unless legally restricted. Sales tax base changes may proportionally adjust rates within 0.001% to maintain revenue for each fund.
Article XI comprehensively manages state finances, appropriations, and dedicated funds for various public purposes.
Article XII: Special Legislation; Local Government – Governance at the Local Level
Article XII addresses special legislation and local government, outlining rules for laws affecting specific areas and the powers of local entities.
Key Sections of Article XII:
- Section 1. Prohibition of special legislation; particular subjects: Prohibits special laws when general laws are applicable, judicially determined without legislative assertion influence. Specifically bans local/special laws for roads, fines, name changes, adoptions, inheritance, minority rights, age declarations, invalid will/deed effectuation, minor/disabled estates, divorces, tax exemptions, interest rates, private corporations (creation/charter changes), special privileges, or private purpose taxation. General laws on these subjects are allowed.
- Section 2. Special laws; local government: Defines special laws as those effective upon application to single/contiguous county local government units, naming affected units/counties. Special laws for local units require affected unit approval via voters or governing body unless general law states otherwise. Special laws can be modified by later home rule charters, but subsequent laws on the same subject are allowed. Existing special/local laws can be repealed but not amended/extended except as per this section.
- Section 3. Local government; legislation affecting: Permits legislation for local government unit creation, organization, administration, consolidation, division, dissolution, function, boundary changes, elective/appointive officers (qualifications included), and county seat transfers. County boundary/seat changes require majority voter approval in each affected county.
- Section 4. Home rule charter: Allows local government units, when legally authorized, to adopt home rule charters, effective upon voter majority approval as set by general law. Charters consolidating/separating city-county require voter approval in both city and county remainder by legally required majority.
- Section 5. Charter commissions: Mandates legal provision for charter commissions, allowing freeholder requirements, judge appointments, and member office-holding (except judicial), despite other constitutional limits. Home rule charter amendments can be proposed by commissions or 5% voter petition, effective upon voter majority approval. Other amendment methods are allowed by law. Local units can repeal home rule charters and adopt statutory government or new charters via the same majority vote as initial charter adoption.
Article XII governs the relationship between state and local government, defining the scope of special legislation and home rule.
Article XIII: Miscellaneous Subjects – Diverse Provisions of MN Law
Article XIII encompasses various miscellaneous subjects, addressing a range of important aspects of Minnesota law and policy.
Key Sections of Article XIII:
- Section 1. Uniform system of public schools: Declares public school intelligence as vital for republican government stability, mandating legislative establishment of a general and uniform public school system, funded through taxation or other means, to ensure thorough and efficient education statewide.
- Section 2. Prohibition as to aiding sectarian school: Forbids public funds or property for schools promoting specific Christian or other religious doctrines.
- Section 3. University of Minnesota: Perpetuates all rights, immunities, franchises, and endowments previously granted to the University of Minnesota.
- Section 4. Lands taken for public way or use; compensation; common carriers: Allows land to be taken for public ways and corporate franchises for public use, requiring fair compensation for land and damages. Common carrier corporations with right of way must transport mineral, agricultural, and manufactured goods on equal and reasonable terms.
- Section 5. Lotteries: Prohibits legislative authorization of lotteries or lottery ticket sales, except for state-operated lotteries.
- Section 6. Prohibition of combinations to affect markets: Criminalizes combinations of individuals or corporations monopolizing food product markets or restricting market freedom, to be punished as legislatively provided.
- Section 7. No license required to peddle: Exempts farm/garden product sellers from licensing requirements for their own cultivated products.
- Section 8. Veterans’ bonus: Permits state adjusted compensation for Vietnam conflict or Persian Gulf War U.S. armed forces veterans, with state funds and public credit pledgeable as legally authorized, with conflict durations legally defined.
- Section 9. Militia organization: Mandates legislative laws for state militia organization, discipline, and service.
- Section 10. Seat of government: Locates the state capital in St. Paul, allowing legislative provision for change by popular vote or to federally granted land. If changed, the capitol becomes an institution for science, literature, and arts, including the Minnesota Historical Society.
- Section 11. State seal: Requires the secretary of state to keep and use the state seal, named the great seal of Minnesota.
- Section 12. Preservation of hunting and fishing: Recognizes hunting and fishing as valued heritage, to be forever preserved and managed by law for public good.
Article XIII gathers diverse provisions, from education and the University of Minnesota to veterans’ affairs and the state seal, reflecting a broad range of state interests.
Article XIV: Public Highway System – Transportation Infrastructure in MN
Article XIV specifically addresses the public highway system in Minnesota, recognizing its importance for the state’s development and connectivity.
Key Sections of Article XIV:
- Section 1. Authority of state; participation of political subdivisions: Grants the state authority to construct, improve, and maintain public highways, assist subdivisions in this work, and authorize subdivisions to aid highway work within their borders.
- Section 2. Trunk highway system: Establishes a state trunk highway system for state construction, improvement, and maintenance, following routes 1-70 from the 1920 constitutional amendment and routes added by law. The legislature can add new routes, with the system limited to 12,200 miles (exceptions for federal aid routes). Added routes can be relocated or removed legally. Routes 1-70 locations can be legally relocated without deviating from start/end points or named cities/villages. Route locations are determined by legally prescribed boards, officers, or tribunals.
- Section 3. County state-aid highway system: Mandates county construction, improvement, and maintenance of a county state-aid highway system as legally provided, including municipal streets under 5,000 population for system integration, and similar streets in larger municipalities.
- Section 4. Municipal state-aid street system: Requires municipalities over 5,000 population to construct, improve, and maintain a municipal state-aid street system as legally provided.
- Section 5. Highway user tax distribution fund: Creates a highway user tax distribution fund solely for highway purposes, consisting of taxes from sections 9 and 10. Net tax proceeds are apportioned: 62% to trunk highway fund, 29% to county state-aid highway fund, 9% to municipal state-aid street fund. 5% of net proceeds can be set aside and legally apportioned to these funds, with apportionment changes limited to once every six years. The balance is transferred to the three funds per percentages.
- Section 6. Trunk highway fund: Establishes a trunk highway fund solely for trunk highway purposes (section 2) and bond principal/interest payments (section 11 and pre-July 1957 bonds). Bond payments are a first charge on fund revenues.
- Section 7. County state-aid highway fund: Creates a county state-aid highway fund, legally apportioned among counties for county state-aid highway construction, improvement, and maintenance. Counties can legally use funds for other county highways, township roads, municipal streets, and public highways, including trunk and municipal state-aid highways.
- Section 8. Municipal state-aid street fund: Establishes a municipal state-aid street fund, legally apportioned among municipalities over 5,000 population, for municipal state-aid street construction, improvement, and maintenance. Municipalities can legally use funds for other municipal streets, trunk highways, and county state-aid highways within their counties.
- Section 9. Taxation of motor vehicles: Allows higher taxation on motor vehicles using public roads than other personal property, in lieu of other taxes (except wheelage taxes for highway purposes). This tax can apply to companies taxed under gross earnings, even if vehicle earnings are included. Tax proceeds go to the highway user tax distribution fund. Non-resident vehicles properly licensed elsewhere and temporarily using state roads can be exempted.
- Section 10. Taxation of motor fuel: Permits excise tax on vehicle fuel used on public highways or fuel sales, with proceeds to the highway user tax distribution fund.
- Section 11. Highway bonds: Allows legal bond sales to fund section 2 provisions, with proceeds to the trunk highway fund. Bonds mature serially within 20 years, sold at no less than par and accrued interest. If the trunk highway fund is insufficient for bond payments, the legislature can levy a state property tax or appropriate other state treasury funds to cover deficits.
- Section 12. Motor vehicle sales tax apportionment: Starting fiscal year 2007, 63.75% of state motor vehicle sales tax revenue is for transportation (section 13), increasing by 10% annually to 100% by fiscal year 2011.
- Section 13. Motor vehicle sales tax allocation: Requires section 12 revenue to be allocated for transportation: up to 60% to the highway user tax distribution fund, and at least 40% to a dedicated public transit assistance fund as legally defined.
Article XIV establishes the framework for Minnesota’s comprehensive public highway system, funding mechanisms, and related transportation policies.
Conclusion: Minnesota – A State Governed by its Constitution
Understanding “what state is MN” requires recognizing it as a distinct political entity within the United States, governed by the Minnesota State Constitution. This document, as explored through its articles, provides the legal foundation for the state’s government, the rights of its citizens, and the framework for its diverse functions, from lawmaking and justice to finance and infrastructure.
From the Bill of Rights in Article I ensuring fundamental freedoms to the detailed provisions for taxation, education, and transportation in later articles, the Minnesota Constitution is a comprehensive guide to “what state is MN” truly is – a state built on principles of liberty, justice, and effective governance for the well-being of its people. It is a living document, amended and interpreted over time, reflecting the ongoing evolution of Minnesota and its place in the nation.