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Comparison of the Montana Constitution with the Constitutions of Selected Other States

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Comparison of the Montana Constitution with the Constitutions of Selected Other States KEPORT \l MttER s Montana Constitutional Convention Oecamonal Papers Comparison of the Montana Constitution with the Constitutions /i>7|. 191T of Selected Other PreparedBy: States Montana Constitutional Convention Commission "\ MONTANA CONSTITUTIONAL CONVENTION 1971-1972 COMPARISON OF THE MONTANA CONSTITUTION WITH THE CONSTITUTIONS OF SELECTED OTHER STATES CONSTITUTIONAL CONVENTION OCCASIONAL PAPER NO. 5 PREPARED BY MONTANA CONSTITUTIONAL CONVENTION COMMISSION MONTANA CONSTITUTIONAL CONVENTION COMMISSION COMMISSION MEMBERS Chairman Vice-chairman ALEXANDER BLEWETT EUGENE H. MAHONEY Great Falls Thompson Falls CHARLES A. BOVEY JACK S. BRENNER Great Falls Grant MRS. FIRMAN H. BROWN ARTHUR C. HAGENSTON Missoula Glendive CHARLES L. HARRINGTON CLYDE L. HAWKS Butte St. Xavier C. EUGENE PHILLIPS CLYDE A. RADER Kalispell Hardin R. H. "TY" ROBINSON LEONARD A. SCHULZ Missoula Di lion WILLIAM G. STERNHAGEN RANDALL SWANBERG Helena Great Falls BRUCE R. TOOLE DR. ELLIS WALDRON Billings Missoula COMMISSION STAFF DALE A. HARRIS JERRY R. HOLLORON Executive Director Assistant Director ROGER A. BARBER SANDRA R. MUCKELSTON Counsel Counsel P. RICK APPLEGATE KAREN D. BECK Research Analyst Research Analyst RICHARD F. BECHTEL NANCY M. MALEE Research Analyst Research Analyst BARTLEY O. CARSON KAREN C. NYBERG Executive Secretary Secretary JUANITA FONTANA GINNY WATERMAN Secretary Secretary 11 PREFACE The delegates to the 19 71-19 72 Montana Constitutional Con- vention will need historical, legal and comparative informa- tion about the Montana Constitution. Recognizing this need, the 1971 Legislative Assembly created the Constitutional Convention Commission and directed it to assemble and prepare essential information for the Convention. To fulfill this responsibility, the Constitutional Convention Commission is preparing a series of research reports urder the general title of Constitutional Convention Studies. In addition to the series of research reports the Commission has authorized the reprinting of certain documents for the use of Convention delegates. The document herein republished is a comparison of the Montana Constitution with the constitutions of Alaska, Hawaii, Michigan, New Jersey, Puerto Rico, and the Model State Constitution of the National Municipal League. The comparison was prepared by the Legislative Council Subcom- mittee on the Constitution in 1967 as a working paper for their study of the Montana Constitution. The Subcommittee stated: Some of these constitutions were chosen based upon the general opinion of authorities that they repre- sent the better state constitutions, others because they are comparatively new documents. The Model State Constitution was used because this is the only document of its kind known to exist. The Alaska Constitution was drafted by a Constitutional Conven- tion in 1955-56, and adopted in 1956. The Hawaii Constitution was adopted when Hawaii became a state, and was amended by a constitutional convention in 196 8. The amendments were ap- proved in 196 8. The new Jersey Constitution was adopted by a convention and approved by the people in 1947. The Puerto Rico Constitution was adopted by a convention in 1951-52, and was approved by the people in 19 52. The sixth edition of the Model State Constitution of the Na- tional Municipal League was published in 1963, and revised in 196 8. The first edition of the Model State Constitution was published in 1921. All editions have been the collective ef- forts of many scholars and practitioners of government, involving extensive consultation with virtually every American political scientist who has demonstrated any substantial in- terest and competence in state government. At one stage or 111 another, scholars, public officials or civic leaders in all 50 states were consulted either personally or by correspon- dence. In addition to using the six constitutions for comparative purposes, preliminary comments were prepared by the Committee on each section. These comments include a comparison of pre- sent provisions with those of the 1884 Montana Constitution, pertinent explanatory information from the Proceedings of the 1889 Convention, when the Montana Constitution was drafted, background information extracted from an unpublished thesis prepared by Dr. John Welling Smurr on the 1889 Constitutional Convention and proposed amendments and amendments made to individual sections since 1889. The Legislative Council Subcommittee on the Constitution ori- ginally utilized this working document in their review of the "adequacy" of the Montana Constitution. The Subcommittee's conclusions were published as Report No. 25 of the Legislative Council in October, 1968, which has been republished for the Constitutional Convention as Constitutional Convention Occas- sional Paper No. 6: The Legislative Council Report on the Montana Constitution. This reprinting of the Legislative Council working paper is respectfully submitted to the people of Montana and their delegates to the 19 71-19 72 Constitutional Convention. ALEXANDER BLEWETT CHAIRMAN XV TABLE OF CONTENTS Preface iii Article I. Boundaries. II. Military Reservations. III. Declaration of Rights of the People of the State of Montana. IV. Distribution of Powers. V. Legislative Department. VI. Apportionment and Representation. VII. Executive Department. VIII. Judicial Departments. IX. Rights of Suffrage and Qualifications to Hold Office.. X State Institutions and Public Buildings XI. Education. XII. Revenue and Taxation. XIII. Public Indebtedness. XIV. Military Affairs. XV. Corporations Other Than Municipal. XVI. Counties —Municipal Corporations and Offices. XVII. Public Lands. XVIII. Labor. XIX. Miscellaneous Subjects and Future Amendments. XX. Schedule. XXI. Montana Trust and Legacy Fund. PREAMBLE COMPARISON OF PREAMBLE OF THE MONTANA CONSTITUTION WITH PREAMBLES IN THE CONSTITUTIONS OF SELECTED OTHER STATES PREAMBLE We, the people of Montana, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do, in accordance with the provisions of the enabling act of congress, approved the twenty-second of Febru- ary, A. D. 1889, ordain and establish this constitution. COMMENT: All state constitutions, except Vermont and West Virginia, have preambles. Although the preamble is not an operative part of the constitu- tion, it may serve as an aid to the interpretation of the rest of the document if it contains an ade- quate statement of the purposes of the document and of the guiding intention of the constituent assem- bly. The Montana Constitution of 1884 contained the following preamble: The object of the institution, main- tenance, and administration of govern- ment, is to secure the existence of the body-politic, to protect it, and to furnish the individuals who com- pose it, with the power of enjoying in safety and tranquility their na- tural rights and the blessings of life; and whenever these great ob- jects are not obtained, the people have a right to alter or change their form of government, and to take mea- sures necessary for their safety, prosperity, and happiness. The body politic is formed by a volun- tary association of individuals; it is a social compact by which the whole people covenant with each citizen and each citizen with the whole people, that all should be governed by certain laws for the common good. It is the duty of the people, there- fore, in framing a constitution of government, to provide for an equit- able mode of making laws, as well for -1- an impartial interpretation and a faithful execution of them, that every man may at all times find his safety in them. We, therefore, the people of Montana, acknowledging with grateful hearts the goodness of the Great Legislator of the Universe, in affording us , in the course of His Providence, an opportunity, deliber- ately and peaceably, without fraud, violence or intimidation, of entering into an original, explicit, and sol- emn compact with each other, and of forming a constitution of civil gov- ernment for ourselves and our pos- terity; and devoutly imploring His direction in so grand and interesting a design, do agree upon, ordain, and establish the following declaration of rights add form of government as the Constitution of the State of Montana. ALASKA: We the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land, in order to secure and transmit to succeeding generations our heritage of political, civil, and religious liberty within the Union of States, do ordain and establish this constitution for the State of Alaska. HAWAII: We, the people of the State of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage, reaffirm our belief in a gov- ernment of the people, by the people and for the people, and with an understanding heart toward all the peoples of the earth do hereby ordain and es- tablish this constitution for the State of Hawaii. MICHIGAN: We, the people of the state of Michigan, grateful to Almighty God for the blessings of free- dom, and earnestly desiring to secure these bless- ings undiminished to ourselves and our posterity, do ordain and establish this constitution. NEW JERSEY: We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same un- impaired to succeeding generations, do ordain and establish this Constitution. -lA- PUERTO RICO: We, the people of Puerto
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