Constitution of Montana
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The Constitution of the State of Montana is the primary legal document providing for the self-governance of the U.S. State of
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
. It establishes and defines the powers of the three branches of the government of Montana, and the rights of its citizens. Its provisions are
sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
within the state, subject only to the limits imposed by the federal laws and
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
of the United States. The current Montana Constitution was adopted in 1972 and is the second enacted in the state's history.


History

The
Montana Territory The Territory of Montana was an organized incorporated territory of the United States that existed from May 26, 1864, until November 8, 1889, when it was admitted as the 41st state in the Union as the state of Montana. Original boundaries ...
was organized by the United States Congress on May 26, 1864. Two years later, in 1866, Acting Territorial Governor Thomas Francis Meagher presided at Montana's first Constitutional Convention, held in
Helena Helena may refer to: People *Helena (given name), a given name (including a list of people and characters with the name) *Katri Helena (born 1945), Finnish singer *Helena, mother of Constantine I Places Greece * Helena (island) Guyana * H ...
rather than in the territorial capital of Virginia City. The first constitution intended for Montana's statehood was written at this six-day meeting, but was lost on the way to the printer and so was never subject to a vote. A second constitution was written and ratified in 1884, but due to political reasons, Congress failed to take any action to approve Montana's admission to the Union. That document consequently never attained legal force. In 1889, Congress passed an enabling act that finally permitted the people of Montana to be admitted to the Union after adopting and ratifying a constitution, and the third constitution for the incipient state was written and ratified later that year. It entered into force on November 8, 1889, when Montana became the 41st state admitted to the Union by the Presidential Proclamation of
Benjamin Harrison Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth pr ...
. The 1889 Constitution remained in force until 1972, when a new constitutional convention was held.Elison, Larry M. and Snyder, Fritz. ''The Montana State Constitution: A Reference Guide.'' Santa Barbara, Calif.: Greenwood Publishing Group, 2001. The 1972 Constitution was adopted by the 100 delegates to the Constitutional Convention on March 22, 1972, and was ratified by the citizens of Montana on June 6, 1972, through Referendum No. 68. Among the Articles which contained new material and embodied a contemporary vision for the State of Montana was Article X, Section 1(2), which was the primary inspiration for the act entitled
Indian Education for All In 1972 the Montana state legislature adopted a new constitution, only its second since it became the 41st state in 1889. Article X, Section 1(2) of the Montana Constitution: The state recognizes the distinct and unique cultural heritage of Ameri ...
.


References


External links


"Constitution of the State of Montana"
(current as of 2017). Retrieved December 20, 2018.
"Constitution of the State of Montana"
(as passed in 1972). Retrieved April 4, 2016.
For This and Future Generations...
Documentary on 1972 Con-Con, produced by Montana PBS {{authority control 1889 in law 1972 in law Montana law
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...