Supreme Court of Minnesota decides that a ballot initiative on minimum-wage is the sole discretion of the Minneapolis City Council:

The Supremacy Clause of our United States Constitution (Article VI, Clause 2) established the Constitution as supreme law of the land, becoming the cornerstone of our political structure.  It established that no matter what the federal government or states wish to do the laws made would have to comply with the Constitution.

In deciding A16-1367 , did the Supreme Court of Minnesota comply with the first amendment:

“Congress shall make no law … prohibiting the …  right of the people  … to petition the Government for a redress of grievances.”

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A16-1367        Tyler Vasseur, et al., petitioners, Respondents, vs. City of Minneapolis, et al., Appellants, Ginny Gelms, in her capacity as Elections Manager, Hennepin County:

 

Michael O. Freeman, Hennepin County Attorney, Daniel P. Rogan, Senior Assistant County Attorney, Minneapolis, Minnesota, for respondent Ginny Gelms

“The district court erred in granting respondents’ petition pursuant to Minn. Stat. § 204B.44(a) (Supp. 2015), and directing the Minneapolis City Council to include a question regarding a proposed minimum-wage amendment to the Minneapolis City Charter on the ballot for the general election because the City Charter vests general legislative authority solely in the City Council.”


Acting Justices, Judge Randolph W. Peterson and Louise Dovre Bjorkman.

(Took no part, Justices David R. Stras, David L. Lillehaug, Margaret H. Chutich and Anne K. McKeig)

In conclusion, the Mn Supreme Court decided that:

 “Minneapolis residents are not permitted to directly implement legislation by petition” that their elected representatives, “so far, have refused to” pursue), rev. denied (Minn. Aug. 25, 2005).5

 Is it time for an amendment to the Minneapolis city charter?

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Author: Anita Suzanne Dedman-Tillemans

For love of wilderness.