Montana Constitution
| Montana Constitution |
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| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • Schedule |
The Montana Constitution is the state constitution of Montana.
- The current Montana Constitution was adopted in 1973 after being ratified by voters at an election held on June 6, 1972.
- Montana has had two constitutions, the first being adopted in 1884.
- The current state constitution has 14 articles.
- The current constitution has been amended 38 times.[1]
- Voters most recently adopted a new amendment to the constitution on November 5, 2024.
The Montana Constitution can be amended with a legislative, citizen-initiated, or covention-referred constitutional amendment, all of which require voter approval.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
Montana became the 41st state on November 8, 1889. The state's first constitution was from statehood until 1972, which was when the second constitution became effective. A constitutional convention was held in 1972 and a new constitution was adopted by the 100 delegates to the convention on March 22, 1972. The citizens ratified the document on June 6, 1972.[2][3][4][5]
Preamble
The preamble of the Montana Constitution states:
Article I: Compact with the United States
- See also: Article I, Montana Constitution
Article I of the Montana Constitution is entitled "Compact with the United States" and consists of a single section.[6]
Click here to read this article of the Montana Constitution.
Article II: Declaration of Rights
- See also: Article II, Montana Constitution
Article II of the Montana Constitution is entitled "Declaration of Rights" and consists of 35 sections.[6]
Click here to read this article of the Montana Constitution.
Article III: General Government
- See also: Article III, Montana Constitution
Article III of the Montana Constitution is entitled "General Government" and consists of nine sections.[6]
Click here to read this article of the Montana Constitution.
Article IV: Suffrage and Elections
- See also: Article IV, Montana Constitution
Article IV of the Montana Constitution is entitled "Suffrage and Elections" and consists of eight sections.[6]
Click here to read this article of the Montana Constitution.
Article V: The Legislature
- See also: Article V, Montana Constitution
Article V of the Montana Constitution is entitled "The Legislature" and consists of 14 sections.[6]
Click here to read this article of the Montana Constitution.
Article VI: The Executive
- See also: Article VI, Montana Constitution
Article VI of the Montana Constitution is entitled "The Executive" and consists of 15 sections.[6]
Click here to read this article of the Montana Constitution.
Article VII: The Judiciary
- See also: Article VII, Montana Constitution
Article VII of the Montana Constitution is entitled "The Judiciary" and consists of 11 sections.[6]
Click here to read this article of the Montana Constitution.
Article VIII: Revenue and Finance
- See also: Article VIII, Montana Constitution
Article VIII of the Montana Constitution is entitled "Revenue and Finance" and consists of 17 sections.[6]
Click here to read this article of the Montana Constitution.
Article IX: Environment and Natural Resources
- See also: Article IX, Montana Constitution
Article IX of the Montana Constitution is entitled "Environment and Natural Resources" and consists of seven sections.[6]
Click here to read this article of the Montana Constitution.
Article X: Education and Public Lands
- See also: Article X, Montana Constitution
Article X of the Montana Constitution is entitled "Education and Public Lands" and consists of 11 sections.[6]
Click here to read this article of the Montana Constitution.
Article XI: Local Government
- See also: Article XI, Montana Constitution
Article XI of the Montana Constitution is entitled "Local Government" and consists of nine sections.[6]
Click here to read this article of the Montana Constitution.
Article XII: Departments and Institutions
- See also: Article XII, Montana Constitution
Article XII of the Montana Constitution is entitled "Departments and Institutions" and consists of four sections.[6]
Click here to read this article of the Montana Constitution.
Article XIII: General Provisions
- See also: Article XIII, Montana Constitution
Article XIII of the Montana Constitution is entitled "General Provisions" and consists of seven sections.[6]
Article XIV: Constitutional Revision
- See also: Article XIV, Montana Constitution
Article XIV or the Montana Constitution is entitled "Constitutional Revision" and consists of 11 sections.[6]
Click here to read this article of the Montana Constitution.
Schedule: Transition Schedule
- See also: Schedule, Montana Constitution
The "Transition Schedule" of the Montana Constitution follows 14 articles and a preamble and consists of six sections.[6]
Click here to read the schedule of the Montana Constitution.
Amending the Montana constitution
| Montana Constitution |
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| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • Schedule |
The Montana Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Montana requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Initiative
- See also: Initiated constitutional amendment
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Montana, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. Montana also has a distribution requirement that requires proponents to collect signatures equal to 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. A simple majority vote is required for voter approval.
Legislature
A two-thirds (66.67%) vote is required of all members of the legislature during one legislative session for the Montana State Legislature to place a constitutional amendment on the ballot. Since Montana has 150 legislators (100 Representatives and 50 Senators), at least 100 members must vote in favor of a constitutional amendment for it to pass. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3, Article XIV of the Montana Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years, if it has not otherwise appeared on the ballot in the last 20 years. Montana is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Montana | 20 years | 2010 | 2030 |
The Montana State Legislature is also authorized to submit a constitutional convention question to voters via a two-thirds (66.67%) vote of both chambers. Citizens may also initiate a constitutional convention question. The number of signatures required to place the question on the ballot is equal to 10% of the qualified electors of the state, including at least 10 percent of the qualified electors in each of two-fifths of the legislative districts. Any amendments proposed by a convention must be ratified by the voters.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Montana Legislature, "Montana Constitution"
- Montana PBS, "For This and Future Generations..."
- University of Montana's William J. Jameson Law Library, "Documentary History of the Ratification of the Montana Constitution"
Footnotes
- ↑ Steinglass, S., et al. (2022). The Montana State Constitution. New York, NY: Oxford University Press
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedush - ↑ National Endowment for the Humanities, "Constitutional Conversations in Montana," accessed March 30, 2014
- ↑ Montana PBS, "For This And Future Generations: Montana's 1972 Constitutional Convention," accessed March 30, 2014
- ↑ Steinglass, S., et al. (2022). The Montana State Constitution. New York, NY: Oxford University Press
- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 Montana Judicial Branch, "Montana Constitution," accessed March 30, 2014
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