Montana's state constitution was created during the early 1970s. Progressive, innovative and pragmatic, it combines a strong concern for individual rights, personal liberty, and individual dignity while seeking to keep government open and responsive to the will of the people of Montana. It also stresses rights to a clean and healthful environment. The Montana State Constitutionis the first reference guide to offer an in-depth analysis of the state's constitutional history. In it, Larry Elison and Fritz Snyder provide the text of the constitution, its meaning, and its legal interpretations. It is an excellent research tool for those interested in Montana's constitutional history and case law, and it includes a comprehensive bibliographic essay dealing with available primary and secondary research sources. The Oxford Commentaries on the State Constitutions of the United Statesis an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship ofProfessor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Larry M. Elison is Professor Emeritus of Constitutional Law at the University of Montana School of Law. Fritz Snyder is Professor of Law and Director of the William J. Jameson Law Library at the University of Montana School of Law.

Series Foreword	p. xi
Foreword	p. xiii
Preface	p. xv
The History of the Montana Constitution	p. 1
The Montana Constitution and Commentary Preamble	p. 31
Compact with the United States	p. 33
Declaration of Rights	p. 35
Popular Sovereignty	p. 36
Self-Government	p. 36
Inalienable Rights	p. 37
Individual Dignity	p. 41
Freedom of Religion	p. 45
Freedom of Assembly	p. 48
Freedom of Speech, Expression, and Press	p. 49
Right of Participation	p. 53
Right to Know	p. 54
Right of Privacy	p. 56
Searches and Seizures	p. 60
Right to Bear Arms	p. 61
Right of Suffrage	p. 63
Adult Rights	p. 63
Rights of Persons Not Adults	p. 64
The Administration of Justice	p. 65
Due Process of Law	p. 68
State Subject to Suit	p. 71
Habeas Corpus	p. 72
Initiation of Proceedings	p. 73
Bail	p. 74
Excessive Sanctions	p. 75
Detention	p. 77
Rights of the Accused	p. 77
Self-incrimination and Double Jeopardy	p. 79
Trial by Jury	p. 83
Imprisonment for Debt	p. 85
Criminal Justice Policy-Rights of the Convicted	p. 86
Eminent Domain	p. 88
Treason and Descent of Estates	p. 90
Ex Post Facto, Obligation of Contracts, and Irrevocable Privileges	p. 90
Civilian Control of the Military	p. 92
Importation of Armed Persons	p. 93
Unenumerated Rights	p. 94
Servicemen, Servicewomen, and Veterans	p. 95
General Government	p. 97
Separation of Powers	p. 97
Continuity of Government	p. 99
Oath of Office	p. 99
Initiative	p. 100
Referendum	p. 104
Elections	p. 105
Number of Electors	p. 105
Prohibition	p. 106
Gambling	p. 106
Suffrage and Elections	p. 109
Ballot	p. 109
Qualified Elector	p. 110
Elections	p. 111
Eligibility for Public Office	p. 111
Result of Elections	p. 112
Privilege from Arrest	p. 113
Ballot Issues-Challenges-Elections	p. 113
Limitation on Terms of Office	p. 114
The Legislature	p. 117
Power and Structure	p. 117
Size	p. 119
Election and Terms	p. 119
Qualifications	p. 120
Compensation	p. 121
Sessions	p. 122
Vacancies	p. 122
Immunity	p. 123
Disqualification	p. 124
Organization and Procedure	p. 125
Bills	p. 126
Local and Special Legislation	p. 129
Impeachment	p. 130
Districting and Apportionment	p. 133
The Executive	p. 135
Officers	p. 135
Election	p. 136
Qualifications	p. 137
Duties	p. 137
Compensation	p. 139
Vacancy in Office	p. 140
20 Departments	p. 141
Appointing Power	p. 141
Budget and Messages	p. 143
Veto Power	p. 144
Special Session	p. 146
Pardons	p. 146
Militia	p. 147
Succession	p. 148
Information for Governor	p. 150
The Judiciary	p. 151
Judicial Power	p. 151
Supreme Court Jurisdiction	p. 152
Supreme Court Organization	p. 154
District Court Jurisdiction	p. 155
Justices of the Peace	p. 157
Judicial Districts	p. 158
Terms and Pay	p. 159
Selection	p. 161
Qualifications	p. 162
Forfeiture of Judicial Position	p. 164
Removal and Discipline	p. 164
Revenue and Finance	p. 167
Tax Purposes	p. 167
Tax Power Inalienable	p. 168
Property Tax Administration	p. 170
Equal Valuation	p. 170
Property Tax Exemptions	p. 171
Highway Revenue Non-Diversion	p. 172
Tax Appeals	p. 173
State Debt	p. 174
Balanced Budget	p. 175
Local Government Debt	p. 175
Use of Loan Proceeds	p. 176
Strict Accountability	p. 177
Investment of Public Funds and Public Retirement System Assets	p. 177
Prohibited Payments	p. 179
Public Retirement System Assets	p. 179
Limitation on Sales Tax or Use Tax Rates	p. 180
Environment and Natural Resources	p. 181
Protection and Improvement	p. 181
Reclamation	p. 183
Water Rights	p. 185
Cultural Resources	p. 187
Severance Tax on Coal-Trust Fund	p. 187
Education and Public Lands	p. 191
Educational Goals and Duties	p. 191
Public School Fund	p. 193
Public School Fund Inviolate	p. 194
Board of Land Commissioners	p. 194
Public School Fund Revenue	p. 195
Aid Prohibited to Sectarian Schools	p. 195
Non-Discrimination in Education	p. 197
School District Trustees	p. 198
Boards of Education	p. 198
State University Funds	p. 201
Public Land Trust, Disposition	p. 201
Local Government	p. 205
Definition	p. 205
Counties	p. 205
Forms of Government	p. 206
General Powers	p. 207
Self-Government Charters	p. 207
Self-Government Powers	p. 208
Intergovernmental Cooperation	p. 209
Initiative and Referendum	p. 210
Voter Review of Local Government	p. 210
Departments and Institutions	p. 213
Agriculture	p. 213
Labor	p. 214
Institutions and Assistance	p. 215
General Provisions	p. 219
Non-Municipal Corporations	p. 219
Consumer Counsel	p. 220
Repealed	p. 221
Code of Ethics	p. 221
Exemption Laws	p. 222
Perpetuities	p. 222
Constitutional Revision	p. 223
Constitutional Convention	p. 223
Initiative for Constitutional Convention	p. 224
Periodic Submission	p. 224
Call of Convention	p. 224
Convention Expenses	p. 225
Oath, Vacancies	p. 225
Convention Duties	p. 226
Amendment by Legislative Referendum	p. 226
Amendment by Initiative	p. 227
Petition Signers	p. 229
Submission	p. 230
Bibliographic Essay	p. 231
Table of Cases	p. 243
Index	p. 255
About the Author	p. 259
Table of Contents provided by Ingram. All Rights Reserved.

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