Minnesota's Ongoing Insurrection

Mohamed Ibrahim/Report for America via AP, File

Democrats are in a pickle in Minnesota. They lost seats in the Minnesota House of Representatives, winding up with what they thought to be a tie with the Republicans. 

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Each party won 67 seats--at least, they thought so. But in a typical fashion, the Democrats ignored electoral laws and illegally put forward an ineligible candidate, and after a challenge, he was disqualified from serving. 

Then, in typical fashion, our esteemed Governor Tim Walz broke another law and called a special election earlier than was allowed by law. The Minnesota Supreme Court, dominated by Democrats, ruled against Walz' order, ensuring that a special election couldn't be held until March. 

That leaves Republicans with a clear majority, and with that majority, they make up a quorum. The rules and laws on all this are unambiguous.

Not wanting to give Republicans a majority for even two weeks, during which time the Republicans might establish procedural rules for the legislative session, the DFL caucus tried to deny Republicans a quorum to conduct business. The secretary of state declared that no lawful quorum existed, and Gov. Tim Walz has similarly claimed that the House is not officially in session. Republicans have continued to carry on business nonetheless, electing a speaker, which has prompted many in the DFL to exclaim that Republicans are engaged in a “coup.”

In times of constitutional crisis, serious constitutional analysis is critical. Any reasonable interpretation of the Minnesota Constitution establishes that Republicans have a lawful, constitutional quorum. It is the Democrats, if anyone, who are engaged in a constitutional coup.

The Minnesota Constitution provides that a quorum shall be a majority “of each house.” The Constitution also states that “each house” is “compose[d]” of “members” who are “chosen” by election and who have certain “qualifications.” Each house also judges the qualifications of its members and makes rules of proceedings, among other constitutional powers and duties. A hypothetical future representative of a now-vacant seat is not a “member,” has no “qualifications,” has not been “chosen,” and can exercise none of the duties of “each house.” The Quorum Clause itself provides that a smaller number of members can “compel the attendance of absent members.” How does one compel the attendance of an unknown future representative to a now-vacant seat?

The conclusion is inescapable: “Each house” is the sum total of duly elected representatives, not the sum total of authorized seats that might in the future be filled with members who might be duly elected.

In the legislative history of Minnesota’s Constitutional Convention, the only member to speak expressly to the issue declared that the quorum requirement meant the majority of members sworn in

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Hence the pickle. Democrats don't believe in laws and rules, at least when it comes to Democrats. 

What to do? They chose to declare themselves, including the illegally elected state representative, sworn in and believed they had denied a quorum to the Republicans. They are boycotting the session--they haven't shown up to work yet and assert without legal standing (they are challenging the rules all the way to the Supreme Court, which has yet to rule on the quorum issue) that, anything that the Republicans do is illegitimate. 

 The start of the legislative session is determined by statute and the Minnesota Constitution, but such niceties don't matter. AS things stand, the Democrats are planning to skip the first two months of the session to wait until the body is, one presumes, tied again between Republicans and Democrats. They do expect to collect their paychecks, though, which is the reason they decided to swear themselves in. 

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Democrats, instead of showing up for the constitutionally assigned duties, have turned to their brownshirts to intimidate Republicans. Legislators are organizing protests--which is fine--and sending the protesters into the capitol to disrupt the work of the legislators--which is not fine or legal. 

Again, Democrats and the law don't mix well unless they are abusing it to destroy Republicans. 

The Democrat line is simple: Republicans showing up for work as the Constitution mandates amounts to a "coup," which is quite the projection. Democrats refuse to do their jobs, send goons into the capitol, and declare that Republicans are engaged in a coup. 

Democrats are not, to be clear, engaged in a "coup," just as the Republicans are not. 

Instead, they are engaged in an insurrection. They are sending thugs into the capitol to disrupt the legislature in order to seize power that is not legally theirs. 

Them's the rules. 

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David Strom 4:40 PM | January 22, 2025
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