Inside the Minnesota Senate
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The Minnesota Gag Law and the Fourteenth Amendment
MR, HARTMANN, a resident of Minneapolis, is enrolled in the University of Minnesota graduate school, where he is working toward a degree in American constitutional history. This is his first published article. The Minnesota GAG LAW and the Fourteenth Amendment JOHN E. HARTMANN ON JUNE 1,1931, the Supreme Court of the and the protection it affords a democratic United States handed down a decision community without the privflege this act which, according to one authority, repre seeks to limit." ^ sented "the climax of a striking evolution The origins of the Minnesota "gag law" in our Constitutional law whereby freedom are obscure. Some claim that it was spon of speech and press is at last effectively sored by a legislator intent on silencing an "nationalized'." In this decision, rendered in editor who was attacking him, and that the case of Near v. Minnesota, the court the editor died before the law could be for the first time used "the guarantee of applied to his particular publication.^ The liberty in the Fourteenth Amendment . bill was initiated in the Minnesota Senate to completely obliterate a state law."^ by Freling H. Stevens, a Minneapolis attor The law in question, which had been ney whose firm included his brother and enacted by the Minnesota legislature in his two sons. He was serving his second 1925, declared certain types of publications term as state senator, and politically he was a nuisance and provided for injunctions to a Progressive-Republican. When the bfll prevent their circulation. Of this Minnesota was introduced on March 27, 1925, as Sen measure — the first to provide for actual ate File 1181, it did not cause a furor. -
Education Clauses in State Constitutions Across the United States∗
Education Clauses in State Constitutions Across the United States∗ Scott Dallman Anusha Nath January 8, 2020 Executive Summary This article documents the variation in strength of education clauses in state constitu- tions across the United States. The U.S. Constitution is silent on the subject of education, but every state constitution includes language that mandates the establishment of a public education system. Some state constitutions include clauses that only stipulate that the state provide public education, while other states have taken more significant measures to ensure the provision of a high-quality public education system. Florida’s constitutional education clause is currently the strongest in the country – it recognizes education as a fundamen- tal value, requires the state to provide high-quality education, and makes the provision of education a paramount duty of the state. Minnesota can learn from the experience of other states. Most states have amended the education clause of their state constitutions over time to reflect the changing preferences of their citizens. Between 1990 and 2018, there were 312 proposed amendments on ballots across the country, and 193 passed. These amendments spanned various issues. Policymakers and voters in each state adopted the changes they deemed necessary for their education system. Minnesota has not amended its constitutional education clause since it was first established in 1857. Constitutional language matters. We use Florida and Louisiana as case studies to illus- trate that constitutional amendments can be drivers of change. Institutional changes to the education system that citizens of Florida and Louisiana helped create ultimately led to im- proved outcomes for their children. -
Veto Power of the Governor of Minnesota
Veto Power of the Governor of Minnesota Peter S. Wattson Senate Counsel State of Minnesota September 12, 1995 Contents Table of Authorities ........................................................... iii Minnesota Constitution .................................................. iii Minnesota Statutes and Laws .............................................. iii Minnesota Cases ....................................................... iii Cases from Other States .................................................. iii Other Authorities ....................................................... iv I. Veto of a Bill ...........................................................1 A. The Minnesota Constitution ........................................1 B. Constitutional Issues ..............................................1 1. How Much Time Does the Governor Have to Make Up His Mind? ..1 2. How are the Three Days Computed? ...........................2 3. Where and To Whom Must the Return be Made? ................2 4. Must the Return be Made When the House of Origin is in Actual Session? ...................................................2 5. Does an Adjournment at the End of the First Year of a Biennial Session Prevent the Return of a Vetoed Bill? ....................3 C. Seventy-seventh Minnesota State Senate v. Carlson ......................3 II. Item Vetoes ............................................................5 A. The Minnesota Constitution ........................................5 B. Constitutional Issues ..............................................6 -
Prayer Practices
Floor Action 5-145 Prayer Practices Legislatures operate with a certain element of pomp, ceremony and procedure that flavor the institution with a unique air of tradition and theatre. The mystique of the opening ceremonies and rituals help to bring order and dignity to the proceedings. One of these opening ceremonies is the offering of a prayer. Use of legislative prayer. The practice of opening legislative sessions with prayer is long- standing. The custom draws its roots from both houses of the British Parliament, which, according to noted parliamentarian Luther Cushing, from time ”immemorial” began each day with a “reading of the prayers.” In the United States, this custom has continued without interruption at the federal level since the first Congress under the Constitution (1789) and for more than a century in many states. Almost all state legislatures still use an opening prayer as part of their tradition and procedure (see table 02-5.50). In the Massachusetts Senate, a prayer is offered at the beginning of floor sessions for special occasions. Although the use of an opening prayer is standard practice, the timing of when the prayer occurs varies (see table 02-5.51). In the majority of legislative bodies, the prayer is offered after the floor session is called to order, but before the opening roll call is taken. Prayers sometimes are given before floor sessions are officially called to order; this is true in the Colorado House, Nebraska Senate and Ohio House. Many chambers vary on who delivers the prayer. Forty-seven chambers allow people other than the designated legislative chaplain or a visiting chaplain to offer the opening prayer (see table 02-5.52). -
FEDERAL ELECTIONS 2018: Election Results for the U.S. Senate and The
FEDERAL ELECTIONS 2018 Election Results for the U.S. Senate and the U.S. House of Representatives Federal Election Commission Washington, D.C. October 2019 Commissioners Ellen L. Weintraub, Chair Caroline C. Hunter, Vice Chair Steven T. Walther (Vacant) (Vacant) (Vacant) Statutory Officers Alec Palmer, Staff Director Lisa J. Stevenson, Acting General Counsel Christopher Skinner, Inspector General Compiled by: Federal Election Commission Public Disclosure and Media Relations Division Office of Communications 1050 First Street, N.E. Washington, D.C. 20463 800/424-9530 202/694-1120 Editors: Eileen J. Leamon, Deputy Assistant Staff Director for Disclosure Jason Bucelato, Senior Public Affairs Specialist Map Design: James Landon Jones, Multimedia Specialist TABLE OF CONTENTS Page Preface 1 Explanatory Notes 2 I. 2018 Election Results: Tables and Maps A. Summary Tables Table: 2018 General Election Votes Cast for U.S. Senate and House 5 Table: 2018 General Election Votes Cast by Party 6 Table: 2018 Primary and General Election Votes Cast for U.S. Congress 7 Table: 2018 Votes Cast for the U.S. Senate by Party 8 Table: 2018 Votes Cast for the U.S. House of Representatives by Party 9 B. Maps United States Congress Map: 2018 U.S. Senate Campaigns 11 Map: 2018 U.S. Senate Victors by Party 12 Map: 2018 U.S. Senate Victors by Popular Vote 13 Map: U.S. Senate Breakdown by Party after the 2018 General Election 14 Map: U.S. House Delegations by Party after the 2018 General Election 15 Map: U.S. House Delegations: States in Which All 2018 Incumbents Sought and Won Re-Election 16 II. -
Urban Concerns Workshops Inc
LEGISLATIVE REFERENCE LIBRARY This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp , L~r~jIfllil 1111/1/11/1III/IIIIII/IIII/II! 3030700041 8049 Urban Concerns Workshops Inc. ~120 Le 1091 ,U75 PREFACE As a part of the Bicentennial Celebration, URBAN CONCERNS WORKSHOPS INC. developed PROJECT 120. The idea behind the pro gram was to give one hundred and twenty Minnesota high school juniors and seniors the opportunity to see Minnesota government in operation. With a grant from the Minnesota Bicentennial Commission and the Minnesota Government Learning Center, URBAN CONCERNS WORKSHOPS INC. took six groups of twenty students to the Minnesota Capitol during the 1976 Legislative Session. The students had the opportunity to observe the Legislature in opera tion for one week, meet with state elected officials, Congressmen, Legislators, lobbyists, reporters, and legislative staff members. Representatives of both political parties talked with the stu dents and mock precinct caucuses were conducted. Each student also had the chance to visit with his or her legislator. With the success of the 1976 program, URBAN CONCERNS decided to continue the program even after the Bicentennial Celebration was over. Funded by the Minnesota Government Learning Center and individual contributors, the 1977 program was expanded. Even though the name remains PROJECT 120, one hundred and sixty Minne sota high school juniors and seniors will go to the Capitol in 1977. Instead of six weeks the program will run eight. More emphasis will be placed on what the students can do when they return home. -
History of Legislative Redistricting
History of Minnesota Legislative Redistricting Alexis C. Stangl, Senate Counsel, and Matt Gehring, House Research1 November 2018 Between the 1850 census and the 1950 census, legislative redistricting was not completed on a regular cycle following a decennial census. Starting after the 1950 census, redistricting was regularly completed every decade following the national census. Although the courts decided cases affecting redistricting in the early half of the 1900’s, the courts became much more involved in redistricting starting in 1950 and continue to be involved today. The purpose of this memo is to review the procedure used for redistricting plans enacted in the past century: 1913 through 2012. A list of citations to district plans dating to 1860 is included at the end of this memo. The substance of this memo is limited only to redistricting plans for the Minnesota state legislature. A review of redistricting procedures for Minnesota’s congressional districts is included in a separate memo. 1913 Redistricting The legislature enacted a redistricting plan in 1913, in response to the 1910 census. Laws 1913, ch. 91. The law provided for 47 House districts and 22 Senate districts. In 1914, the Minnesota Supreme Court upheld the 1913 redistricting law. State v. Weatherill, 125 Minn. 336, 147 N.W. 105 (1914). The plaintiffs made three claims that the law was invalid. First, the plaintiffs claimed that the legislature had no authority to redistrict in 1913 because the authority was only valid in the first biennium after a census. The court did not find this persuasive. The second claim was that certain parts of the state were not included in any Senate district. -
FHV Report to the Legislature 2020
Family Home Visiting Program REPORT TO THE MINNESOTA LEGISLATURE 2020 Revised 4/6/2021 FHV Report to the Minnesota Legislature 1 Family Home Visiting Program: Report to the Minnesota Legislature 2020 Minnesota Department of Health Family Home Visiting Section PO Box 64882 St. Paul, MN 55164-0882 651-201-5000 [email protected] www.health.state.mn.us/communities/fhv As requested by Minnesota Statute 3.197: This report cost approximately $18,582 to prepare, including staff time, printing and mailing expenses. Upon request, this material will be made available in an alternative format such as large print, Braille or audio recording. Printed on recycled paper. FHV Report to the Minnesota Legislature 2 FHV Report to the Minnesota Legislature 2020 Contents Contents........................................................................................................................................... 3 Background....................................................................................................................................... 5 Need for Family Home Visiting ......................................................................................................... 5 What is Family Home Visiting? ......................................................................................................... 6 Risk Factors ................................................................................................................................... 6 Ecological Systems......................................................................................................................... -
Constitution of Minnesota William Anderson
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1921 Constitution of Minnesota William Anderson Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Anderson, William, "Constitution of Minnesota" (1921). Minnesota Law Review. 2509. https://scholarship.law.umn.edu/mlr/2509 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW VOL. V MAY, 1921 No. 6 THE CONSTITUTION OF MINNESOTA' By WILLIAM ANDERSON* 1. THE MOVEMENT FOR STATEHOOD THE organized territory of Minnesota existed from 1849 to 1858. Included within its areas was not only the present state of Minnesota but also those portions of the present states of North and South Dakota which lie east of the Missouri and White Earth rivers. In this extensive region, double the area of the present state, there were at the beginning of the territorial period a scant five thousand people of the white race. The population increased slowly at the outset. The lands west of the Mississippi were not opened to settlement until after the conclusion of the Indian treaties of 1851 and 1852. In 1854, with the opening of the first railroad from Chicago to the Mississippi, the inrush began, thousands of settlers coming each year from New Eng- land, New York, and the states north of the Ohio. By 1857 there were 150,000 people in the territory. -
Minnesota Constitutional Amendments History and Legal Principles
March 2013 Minnesota Constitutional Amendments History and Legal Principles Research Department Minnesota House of Representatives The Research Department of the Minnesota House of Representatives is a nonpartisan professional office serving the entire membership of the House and its committees. The department assists all members and committees in developing, analyzing, drafting, and amending legislation. The department also conducts in-depth research studies and collects, analyzes, and publishes information regarding public policy issues for use by all House members. Research Department Minnesota House of Representatives 600 State Office Building, St. Paul, MN 55155 651-296-6753 March 2013 Minnesota Constitutional Amendments History and Legal Principles This publication provides a general overview of historical and current legal and procedural issues related to amending the Minnesota Constitution. This report was prepared by Matt Gehring, legislative analyst in the House Research Department. Questions may be addressed to Matt at 651-296-5052. Jessica Vogt provided graphics and production assistance. Contents Introduction .................................................................................................... 1 Proposing a State Constitutional Amendment: Procedural Standards ........................................................................... 3 Minnesota Constitution, Article IX ............................................................. 3 Individual Amendments .............................................................................. -
The Minnesota Legislature of 1919
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp The 'Minnesota Legislature C. J. BUELL Author of "The Minnesota Legislature of 1913" "The Minnesota Legislature of 1915" "The Minnesota Legislature of 1917" "The Currency Question" "Industrial Depressions, Their Cause and Cure" monopolies and Trusts" This Book is not Copyrighted Quote as Much as you Please But Give Credit. 8 Photo by Nelson Bros.. 187 E. 7th St., St. Paul. W. I. NOLAN, Speaker of House, 1919 TABLE OF CONTENTS Page Chapter I-The Author's Point of View ......................... 7 Conflicting Elements ........................................ 8 The Greatest Disturbing Cause ....,. ........................ 10 The Evil of Bonds .......................................... 10 Chapter II-The Issues of the Election .......................... 1.2 Prohibition, Eclual Suffrage. etc............................ 12 Non-Partisan League Platform and Conventions ............ Organized Labor in the Election ............................. Chapter III-The Speakership ................................... Nolan and His Qualifications ................................ Non-Partisan League Candidate ............................ The Committees ............................................ Chapter IV-Contested Seats .................................... Lauderdale-Swenson ............................. .r .......... Sullivan- Wilcos ................................ : ............ -
2020 Election Recap
2020 Election Recap Below NACCHO summarizes election results and changes expected for 2021. Democrats will continue to lead the House of Representatives…but with a smaller majority. This means that many of the key committees for public health will continue to be chaired by the same members, with notable exceptions of the Appropriations Committee, where Chair Nita Lowey (D-NY) did not run for reelection; the Agriculture Committee, which has some jurisdiction around food safety and nutrition, whose Chair, Colin Peterson (D-MN) lost, as well as the Ranking Member for the Energy and Commerce Committee, Rep. Greg Walden, (R-OR) who did not run for reelection. After the 117th Congress convenes in January, internal leadership elections will determine who heads these and other committees. The following new Representatives and Senators are confirmed as of January 7. House of Representatives Note: All House of Representative seats were up for re-election. We list only those where a new member will be coming to Congress below. AL-1: Republican Jerry Carl beat Democrat James Averhart (open seat) Carl has served a member of the Mobile County Commission since 2012. He lists veterans’ health care and border security as policy priorities. Rep. Bradley Byrne (R-AL) vacated the seat to run for Senate. AL-2: Republican Barry Moore beat Democrat Phyllis Harvey-Hall (open seat) Moore served in the Alabama House of Representatives from 2010 to 2018. The seat was vacated by Rep. Martha Roby (R-AL) who retired. CA-8 Republican Jay Obernolte beat Democrat Christine Bubser (open seat) Jay Obsernolte served in the California State Assembly since 2014.