HKI'ORT \l MBER 6 STATE DOCUMENTS Montana Constitutional Convention Occasional Papers ^XtLTlQv^ Legislative Council Report on the Montana /97,.,9lX Constitution PreparedBy: Montana Constitutional Convention Com,tnis8ion MONTANA STATE LIBRARY S342 0cpa6C72Lc.1 Report on the Montana constitution. 3 0864 00006642 6 •MONTANA CONSTITUTIONAL CONVENTION 1971-1972 LEGISLATIVE COUNCIL REPORT ON THE MONTANA CONSTITUTION CONSTITUTIONAL CONVENTION OCCASIONAL PAPER NO. 6 PREPARED BY MONTANA CONSTITUTIONAL CONVENTION COMMISSION 1 MONTANA CONSTITUTIONAL CONVENTION COMMISSION COMMISSION MEMBERS Chairman Vice-chairman ALEXANDER BLEWETT EUGENE H. MAHONEY Great Falls Thompson Falls CHARLES A. BOVEY JACK E. BRENNER Great Falls Grant MRS. FIRMAN H. BROWN ARTHUR C. HAGENSTON Missoula Gl endive CHARLES L. HARRINGTON CLYDE L. HAWKS But te St. Xavier C. EUGENE PHILLIPS CLYDE A. RADER Kalispe 1 Hardin R. H. "TY" ROBINSON LEONARD A. SCHULZ Missoula Di I Ion WILLIAM G. STERNHAGEN RANDALL SWANBERG Helena Great Falls BRUCE R. TOOLE DR. ELLIS WALDRON Bi llings 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 0. CARSON KAREN C. NYBERG Executive Secretary Secretary juAnita fontana GINNY WATERMAN Secretary Secretary PREFACE The delegates to the 1971-1972 Montana Constitutional Convention will need historical, legal and comparative information 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 under 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 the 1968 Montana Legislative Council report on the Montana Constitution. The study orig- inally was published as report No. 25 of the Legislative Council in October, 19 68, and the original printing is ex- hausted. The report, a section by section analysis of the Montana Constitution, v/as prepared by a Legislative Council sub- committee consisting of Senators Jean A. Turnage, Chairman; William A. Groff and John L. McKeon and Representatives James T. Harrison, Jr.; James R. Felt; C. R. Fischer; Lawrence G. Stimatz and Jerry B. Wallander. The study concluded that more than 50 percent of the Montana Constitution is inadequate for today's needs. Acting on the report, the 1969 Legislative Assembly created the Montana Constitution Revision Commission and placed Referendum 67 to call a constitutional convention on the November, 1970 General Election ballot. This reprinting of the Legislative Council study is respect- fully submitted to the people of Montana and their delegates to the 1971-1972 Constitutional Convention. ALEXANDER BLEWETT CHAIRMAN . ^ This study has led to the general oonalusion that there is need for substantial revision and improvement in the Montana constitution. Provisions whiah invite subterfuge , provisions which are archaic , provisions which are ambiguous ^ provisions which are statutory and provisions which place serious limitations on effective state government were found throughout the Montana constitution. The changes needed in the Montana constitution cannot be accomplished adequately through the present amendment process . This process encourages ^'nitpicking" and at the same time avoids confrontation with the basic problems of reform and change Montana Legislative Council Report on the Montana Constitution THE MONTANA CONSTITUTION A REPORT TO THE FORTY-FIRST LEGISLATIVE ASSEMBLY by the MONTANA LEGISLATIVE COUNCIL October 1968 To Members of the Forty-First Legislative Assembly: Without substantial revision in the 1889 Constitution, the state of Montana will find it increasingly difficult to meet the urgent needs of a dynamic social order. The state cannot meet its responsibilities within our federal system unless its basic legal framework-the Constitution-permits response to problems as they arise. The Montana Constitution of 1889 is not adequate as a framework to meet present and future problems. Less than one-half of the document is considered adequate in its present form, and improvements could be made in many of the sections now considered adequate. More than one-half of the present document should be revised substantially or repealed. The Council believes that the most feasible means of resolving deficiencies in the document is through a Constitution Revision Commission as recommended in this report. Deficiencies in the present document cannot be accomplished through the piecemeal amendment process of the past. While encouraging "nitpicking," the piecemeal amendment process avoids confrontation with the basic problems of reform and change. If the recommendations of this report are accepted by the Legislative Assembly, Montana will have taken a significant step toward improvement of government at all levels. Respectfully submitted, SENATOR DAVID F. JAMES Chairman Montana Legislative Council MONTANA LEGISLATIVE COUNCIL 1967 - 1968 SENATE MEMBERS HOUSE MEMBERS David F. James, Chairman Walter J. Ulmer, Vice Chairman Ben S. Brownfield Francis Bardanouve, Secretary * Henry B. Hilling Gordon E. Bollinger Dave M. Manning Henry S. Cox Jean A. Tumage C. R. Fischer Leonard W. Vainio James E. Murphy EXECUTIVE DIRECTOR Donald L. Sorte State Capitol Helena SUBCOMMITTEES Taxation Water Development Senator Leonard W. Vainio, Chairman Senator Dave M. Manning, Chairman Senator LeRoy H. Anderson Representative E. W. Christiansen Representative Larry W. Fasbender Representative George Darrow Representative William S. Goan Representative Vic East Senator Thomas L. Judge Representative Harold E. Gerke Representative John H. Leuthold Senator Herbert J. Klindt Representative James E. Murphy Senator Gordon McGowan Senator Glen T. Rugg Representative James E. Murphy State Printing Election Lows Representative Francis Bardanouve, Chairman Senator Henry B. Hilling, Chairman Representative Ray M. Loman Representative Henry S. Cox Representative John H. Pierce Senator Richard Dzivi Representative William E. Spahr Senator Patrick J. Keenan Representative Robert B. McCulIoch Constitution Representative John W. Steele Senator Jean A. Tumage, Chairman Representative James R. Felt Building Standards Representative C. R. Fischer Senator William A. Groff Representative Walter J. Ulmer, Chairman Senator Lochiel Edwards Representative James T. Harrison, Jr. Representative Robert M. Feisthamel Senator John L. McKeon Representative Lawrence G. Stimatz Representative Peter J. Gilligan Senator David F. James Representative Jerry B. Wallander Representative Robert E. Lee Vocational Education Personnel and Administration Senator Ben S. Brownfield, Chairman Representative Henry S. Cox Representative Gordon E. Bollinger, Chairman Representative Mark Etchart Senator Ben S. Brownfield Representative Jack Gunderson Representative Henry S. Cox Senator W. F. Hafferman Representative C. R. Fischer Representative Paul K. Harlow Senator Antoinette Rosell Senator Stephen J. Shugrue • Replaced Representative Jack R. McNamara who resigned to accept appointment to a federal position. iv 7 TABLE OF CONTENTS Page LETTER OF TRANSMITTAL iii LEGISLATIVE COUNCIL AND SUBCOMMITTEE MEMBERSHIP iv HOUSE RESOLUTION NO. 1 AND SENATE RESOLUTION NO. 22 vii INTRODUCTION ix CHAPTER I STATE CONSTITUTIONS 1 GENERAL 1 THE HISTORY OF STATE CONSTITUTIONS 1 AN OUTLINE OF THE MONTANA CONSTITUTION 2 THE CONSTITUTION AS A DOCUMENT 5 CHAPTER II. ARTICLE I-BOUNDARIES 7 SUMMARY 7 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE I 7 CHAPTER UI. ARTICLE U-MILITARY RESERVATIONS 9 SUMMARY 9 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE II 9 CHAPTER IV. ARTICLE OI-A DECLARATION OF THE RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA 11 SUMMARY 11 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE III 11 CHAPTER V. ARTICLE IV-DISTRIBUTION OF POWERS 17 SUMMARY 17 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE IV 17 CHAPTER VI. ARTICLE V-LEGISLATIVE DEPARTMENT 19 SUMMARY 19 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE V 20 CHAPTER VU. ARTICLE VI -APPORTIONMENT AND REPRESENTATION 31 SUMMARY 31 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE VI 31 CHAPTER VIU. ARTICLE VII-EXECUTIVE DEPARTMENT 33 SUMMARY 33 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE VII 34 CHAPTER IX. ARTICLE VIII-JUDICIAL DEPARTMENTS 39 SUMMARY 39 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE VIII 41 CHAPTER X. ARTICLE IX-RIGHTS OF SUFFERAGE AND QUALIFICATIONS TO HOLD OFFICE 47 SUMMARY 47 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE IX 47 CHATER XI. ARTICLE X-STATE INSTITUTIONS AND PUBLIC BUILDINGS 51 SUMMARY 51 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE X 51 CHAPTER XII. ARTICLE XI-EDUCATION 53 SUMMARY 53 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE XI 53 CHAPTER XIU. ARTICLE XII REVENUE AND TAXATION 57 SUMMARY 57 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE XII 57 CHAPTER XIV. ARTICLE XIU-PUBLIC INDEBTEDNESS 63 SUMMARY 63 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE XIII 63 CHAPTER XV. ARTICLE XIV-MILITARY AFFAIRS 65 SUMMARY 65 COMMENTS ON INDIVIDUAL SECTIONS OF ARTICLE XIV 65 CHAPTER XVI. ARTICLE XV-CORPORATIONS OTHER THAN MUNICIPAL 67 SUMMARY 67 COMMENTS