# Burden inversion *An operating feature, in the Minnesota record, of a mechanism under which the burden shifts from the institution to anyone questioning it.* **Burden inversion** is the first of three operating features that the project's footnoted master document, *How Minnesota Got Here*, assigns to the mechanism it describes. The document calls each of the three features testable.[^1] Before what the document calls "the switch", the institution "bears the ordinary burden". After it, "anyone questioning the institution bears the burden of overcoming the State's own enacted text".[^2] The master names the other two features as accretion and permanence asymmetry. It tests the second against the Revisor's history lines for named Minnesota statutes.[^3] The Revisor pages that the master cites are not among this article's sources. The statutory figures below are therefore the master's account, stated as of its date.[^4] ## In the Minnesota record ### What - Burden inversion is listed as feature (1) of the mechanism's "Three operating features, each testable".[^1] - Under feature (2), accretion, the master states that "switches do not expire". By its tally, none of the exemptive kind had been repealed "across nine administrations".[^3] - Under feature (3), permanence asymmetry, the master describes two statutes from 1999 that created tobacco endowments. Both carried protective declarations and were declared "inviolate". According to the master, they were amended nearly yearly and were repealed seven years after enactment by the same section, 2006 c 282 art 14 s 15, which it reports as confirmed on both history lines.[^4] - By the same account, every exemptive switch still stands as of the master's date. These are the MSHSL exemption at 37 years, the Lottery's outside-the-treasury placement at 37, the charter default at 35, the DMC declarations at 13, and the [[§43A.191]] machinery at 41.[^4] - The master summarizes the pattern: "declarations that protect assets from the State do not bind the State; declarations that exempt the State's instruments from controls are never unbound." It adds that "Inviolate" lasted seven years, while "exempt from chapter 14" is in its fifth decade.[^5] ### How - As the master describes the mechanism, the institution bears the ordinary burden before the switch. After the switch, anyone questioning the institution bears the burden.[^2] - The burden that passes to the questioner is that "of overcoming the State's own enacted text".[^2] ## Notes [^1]: Minnesota wiki project, *How Minnesota Got Here* (merged master, footnoted; validated) — lists burden inversion as the first of three operating features of the mechanism, "each testable". No URL for this document is in the pack. [^2]: Minnesota wiki project, *How Minnesota Got Here* (merged master, footnoted; validated) — states the before-and-after allocation of the burden under burden inversion. No URL for this document is in the pack. [^3]: Minnesota wiki project, *How Minnesota Got Here* (merged master, footnoted; validated) — names accretion and permanence asymmetry as the second and third features and gives the tally of exemptive switches not repealed across nine administrations. No URL for this document is in the pack. [^4]: Minnesota wiki project, *How Minnesota Got Here* (merged master, footnoted; validated) — gives the master's account, citing Revisor history lines that are not in the pack, of the 1999 tobacco endowments, their repeal by 2006 c 282 art 14 s 15, and the standing durations of the exemptive switches. No URL for this document is in the pack. [^5]: Minnesota wiki project, *How Minnesota Got Here* (merged master, footnoted; validated) — gives the master's summary contrasting protective and exemptive declarations. No URL for this document is in the pack.