The Montana State Constitution
by Elison, Larry; Snyder, FritzBuy New
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Summary
Author Biography
Table of Contents
| 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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