Montana’s current constitution was written by a constitutional convention of 100 elected delegates in 1972 and narrowly ratified by voters that June. It replaced the 1889 statehood constitution.
Distinctive provisions
- Clean and healthful environment (Article II, Section 3, and Article IX): an inalienable right, with duties on the state and on individuals to maintain and improve the environment.
- Right of privacy (Article II, Section 10): stated explicitly, not just inferred.
- Right to know and right to participate (Article II, Sections 8 and 9).
- Cultural heritage of American Indians (Article X, Section 1(2)).
How it changes
Amendments can be proposed by the Legislature, by citizen initiative or by a constitutional convention. All require voter approval. Every 20 years, voters are asked whether to call a new convention, and they have declined each time so far.
In the courts
The Montana Supreme Court interprets these provisions. Cases over the environmental and privacy clauses have drawn national attention.
For more background, see our explainers on Montana’s state trust lands. Find more stories in our News section.
Sources
- Montana Constitution: https://leg.mt.gov/bills/mca/title_0000/
- Montana Historical Society, 1972 Constitutional Convention resources: https://mhs.mt.gov/
- Montana Legislature, Constitutional Convention transcripts: https://leg.mt.gov/