quorum clause (Minnesota) · Go Syfert
← Minnesota issues

quorum clause in Minnesota

5 Minnesota opinions name it 2 courts 1988–2025 2 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
The Minnesota Daily v. University of Minnesotagreen
minnctapp · 1988 · cited in 2 Minnesota opinions naming this issue, 1993–1993
2 sentences

1993The quorum requirement in Moberg reflects the supreme court’s unwillingness to subject gatherings of public officials to the open meeting law where the group lacks power to “actually transact business.” Minnesota Daily v. University of Minn., 432 N.W.2d 189, 193 (1988), pet. for rev. denied (Minn. Jan. 25, 1989).

1993The quorum requirement emphasizes “the importance of the power of the governing body to actually transact business.” Minnesota Daily v. University of Minn., 432 N.W.2d 189, 193 (Minn.App.1988), pet. for rev. denied (Minn. Jan. 25, 1989).

22
Marbury v. Madisongreen
scotus · 1803 · cited in 1 Minnesota opinions naming this issue, 2025–2025
1 sentence

2025Minnesota Statutes section 5.05 states, in full: “The secretary of state shall attend at the beginning of each legislative session, to call the members of the house of representatives to order and to preside until a speaker is elected.” 5 So long as Secretary of State Simon’s petition is justiciable, we have no need to decide the justiciability of the other petition brought by Representatives Hortman, Long, and Hollins in order to address the quorum clause question raised in both petitions. 7 province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. (1 Cr

11
Schowalter v. Stategreen
minn · 2012 · cited in 1 Minnesota opinions naming this issue, 2025–2025
1 sentence

2025The judiciary can “rule on the Legislature’s noncompliance with a constitutional mandate,” Cruz-Guzman, 916 N.W.2d at 9 , especially in as much as “the interpretation of the constitution’s language is a judicial, not a legislative, question,” id. at 10 (quoting Schowalter v. State, 822 N.W.2d 292, 301 (Minn. 2012)).

11
State Ex Rel. Peterson v. Hoppegreen
minn · 1935 · cited in 1 Minnesota opinions naming this issue, 2025–2025
1 sentence

2025See Peterson, 260 N.W. at 217 (stating only that where “the vote of two-thirds of the members elected to the common council shall be necessary 13 Most significantly, even if “members elected” has the meaning ascribed to it by respondents, it does not necessarily follow that the reference to “each house” in the quorum clause in Article IV, Section 13, must mean something different than a reference to the total number of seats in the House prescribed by law, which is currently 134.

11
Minnesota Education Ass'n v. Bennettgreen
minn · 1982 · cited in 1 Minnesota opinions naming this issue, 1988–1988
1 sentence

1988See Minnesota Education Association v. Bennett, 321 N.W.2d 395, 397 (Minn.1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State Ex Rel. Goodwin v. Flahaven green
minn · 1971
1 sentence

2025“We assume that the parties will now conform to this opinion without the necessity of issuing a formal writ.” Palmer, 182 N.W.2d at 186 .

12025–2025
Cruz-Guzman v. State green
minn · 2018
2 sentences

2025The judiciary can “rule on the Legislature’s noncompliance with a constitutional mandate,” Cruz-Guzman, 916 N.W.2d at 9 , especially in as much as “the interpretation of the constitution’s language is a judicial, not a legislative, question,” id. at 10 (quoting Schowalter v. State, 822 N.W.2d 292, 301 (Minn. 2012)).

2025Minnesota Statutes section 5.05 states, in full: “The secretary of state shall attend at the beginning of each legislative session, to call the members of the house of representatives to order and to preside until a speaker is elected.” 5 So long as Secretary of State Simon’s petition is justiciable, we have no need to decide the justiciability of the other petition brought by Representatives Hortman, Long, and Hollins in order to address the quorum clause question raised in both petitions. 7 province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. (1 Cr

12025–2025
State Ex Rel. Chase v. Babcock green
minn · 1928
1 sentence

2025In considering context, we are also mindful of the requirement that the “entire article”—which here is Article IV governing the Legislature—“is to be construed as a whole, [and] receive a practical, common sense construction.” Chase, 220 N.W. at 410 .

12025–2025

Where else courts name it

TX 12 (2008–2020) NY 10 (1985–2025) DE 6 (1984–2025) MN 5 (1988–2025) NJ 5 (1984–2017) IL 4 (2008–2016) OR 4 (1991–2018) MD 3 (2008–2019) NV 3 (2018–2018) NH 3 (1993–2020) KS 3 (1989–2005) NC 2 (2022–2022) PA 2 (1997–2016) DC 2 (1988–2009) CT 2 (1989–1992) MI 2 (1974–1976)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check