



                               CONSTITUTION OF THE
                                 STATE OF MONTANA
                              (As ratified to 1972)

                                    PREAMBLE

          We  the  people  of  Montana  grateful  to God for the quiet
          beauty  of  our  state,  the  grandeur of our mountains, the
          vastness of our rolling plains, and desiring to improve  the
          quality of life, equality  of opportunity and to  secure the
          blessings  of  liberty  for  this  and future generations do
          ordain and establish this constitution.

                                   ARTICLE II

                              DECLARATION OF RIGHTS

Sec. 1.   All political power is vested in and derived from the   peo-
          ple. All  government   of right originates with the  people,
          is founded upon  their  will only, and is instituted  solely
          for the good of the whole.

Sec. 2.   The people have the exclusive right of governing  themselves
          as a free, sovereign, and independent state.  They may alter
          or abolish the constitution and form of government  whenever
          they deem it necessary.

Sec. 3.   All  persons are  born free  and have  certain  inalienable
          rights. They include the right to a clean and healthful  en-
          vironment and  the rights  of pursuing  life's basic necess-
          ities,  enjoying  and  defending  their lives and liberties,
          acquiring, possessing and  protecting property, and  seeking
          their safety, health  and happiness in  all lawful ways.  In
          enjoying these rights,  all persons recognize  corresponding
          responsibilities.

Sec. 4.   The  dignity  of  the human  being is  inviolable. No person
          shall be denied  the equal protection  of the laws.  Neither
          the state nor any person, firm, corporation, or  institution
          shall discriminate against any person in the exercise of his
          civil or political  rights on account  of race, color,  sex,
          culture, social origin or condition, or political or  relig-
          ious ideas.

Sec. 5.   The state  shall make no law respecting an  establishment of
          religion or prohibiting the free exercise thereof.

Sec. 6.   The  people  shall  have the  right peaceably  to  assemble,
          petition  for  redress  or  peaceably  protest  governmental
          action.

Sec. 7.   No law  shall be  passed impairing the freedom  of speech or
          expression.  Every person shall be free to speak or  publish
          whatever he will on  any subject, being responsible  for all
          abuse of  that liberty.  In all  suits and  prosecutions for
          libel or slander the truth thereof may be given in evidence;
          and the jury, under the direction of the court, shall deter-
          mine the law and the facts.

Sec. 8.   The  public has a  right to expect governmental  agencies to
          afford such reasonable  opportunity for citizens  participa-
          tion in  the operation  of the  agencies prior  to the final
          decision as may be provided by law.

Sec. 9.   No  person shall be  deprived of the right  to examine docu-
          ments or to observe  the deliberations of all  public bodies
          or agencies of state government and its subdivisions, except
          in cases in which  the demand of individual  privacy clearly
          exceeds the merits of public disclosure.

Sec. 10.  The  right of individual privacy  is essential to the  well-
          being of a free society  and shall not be infringed  without
          the showing of a compelling state interest.

Sec. 11.  The people shall be secure in their houses, persons,  papers
          homes and effects  from unreasonable searches  and seizures.
          No warrant to search any place, or seize any person or thing
          shall issue without describing  the place to be  searched or
          the person or thing to be seized, or without probable cause,
          supported by oath or affirmation reduced to writing.

Sec. 12.  The right of any  person to keep or bear arms in  defense of
          his own home, person, and  property, or in aid of  the civil
          power when thereto legally summoned, shall not be called  in
          question,  but  nothing  herein  contained  shall be held to
          permit the carrying of concealed weapons.

Sec. 13.  All elections shall be free and open, and no power, civil or
          military, shall at  any time interfere  to prevent the  free
          exercise of the right to suffrage.

Sec. 14.  A person 18 years of  age or older is an adult for all  pur-
          poses.

Sec. 15.  The rights of  persons under 18 years of age  shall include,
          but not be  limited to, all  the fundamental rights  of this
          Article unless specifically precluded by laws which  enhance
          the protection of such persons.

Sec. 16.  Courts of justice shall be open to every person, and  speedy
          remedy afforded  for every  injury of  person, property,  or
          character. No person  shall be deprived  of this full  legal
          redress for injury incurred in employment for which  another
          person may be liable except  as to fellow employees and  his
          immediate employer who hired him if such immediate  employer
          provides coverage under  the Workmen's Compensation  Laws of
          this state.  Right and justice shall be administered without
          sale, denial, or delay.

Sec. 17.  No  person shall be deprived  of life, liberty, or  property
          without due process of law.

Sec. 18.  The state, counties, cities, towns, and all other local gov-
          ernmental entities shall have no immunity from suit for  in-
          jury to a  person or property.   This provision shall  apply
          only to causes of action arising after July 1, 1973.

Sec. 19.  The  privilege of the writ  of habeas corpus shall  never be
          suspended.

Sec. 20.  (1) Criminal  offenses within the jurisdiction of  any court
          inferior to the district  court shall be prosecuted  by com-
          plaint. All criminal actions in district court, except those
          on appeal, shall be prosecuted either by information,  after
          examination and  commitment by  a magistrate  or after leave
          granted by the court, or by indictment without such  examin-
          ation, commitment or leave.

          (2) A grand  jury shall consist  of eleven persons,  of whom
          eight must concur to find an indictment. A grand jury  shall
          be drawn and  summoned only at  the discretion and  order of
          the district judge.

Sec. 21.  All persons shall be bailable by sufficient sureties, except
          for capital offenses, when the proof is evident or the  pre-
          sumption great.

Sec. 22.  Excessive bail  shall not  be required,  or excessive fines
          imposed, or cruel and unusual punishments inflicted.

Sec 23.   No person shall be  imprisoned for the purpose  of securing
          his testimony in any criminal proceeding longer than may  be
          necessary in order  to take his  deposition. If he  can give
          security for his appearance at  the time of trial, he  shall
          be discharged upon  giving the same;  if he cannot  give se-
          curity, his  deposition shall  be taken  in the  manner pre-
          scribed by law, and in  the presence, if they shall  fail to
          attend the examination after  reasonable notice of the  time
          and place thereof.

Sec. 24.  In  all  criminal prosecutions  the accused  shall have  the
          right to  appear in  person and  by counsel;  to demand  the
          nature and cause  of the accusation;  to meet the  witnesses
          against him  face to  face; to  have process  to compel  the
          attendance of witnesses in  his behalf, and a  speedy public
          trial by  an impartial  jury of  the county  or district  in
          which the offense is alleged to have been committed, subject
          to the right of the state to have a change of venue for  any
          of the causes for which the defendant may obtain the same.

Sec. 25.  No person shall be compelled to testify against himself in a
          criminal proceeding. No person shall be again put in jeopar-
          dy for the  same offense previously  tried in any  jurisdic-
          tion.

Sec. 26.  The right  of trial  by jury  is  secured  to all  and shall
          remain  inviolate.   But  upon  default  of appearance or by
          consent of the parties expressed  in such manner as the  law
          may provide, all cases may be tried without a jury or before
          fewer than  the number  of jurors  provided by  law.  In all
          civil actions, two-thirds of the jury may render a  verdict,
          and a  verdict so  rendered shall  have the  same force  and
          effect  as  if  all  had  concurred therein. In all criminal
          actions, the verdict shall be unanimous.

Sec. 27.  No person shall be imprisoned for debt except in the  manner
          provided by law, upon refusal  to deliver up his estate  for
          the benefit  of his  creditors, or  in cases  of tort, where
          there is strong presumption of fraud.


Sec. 28.  Laws  for the punishment for  crime shall be founded  on the
          principles of prevention and  reformation.  Full rights  are
          restored by termination of state supervision for any offense
          against the state.

Sec. 29.  Private  property shall not be  taken or damaged for  public
          use without   just  compensation  to the full  extent of the
          loss having been  first made  to or paid into court for  the
          owner.   In  the  event  of  litigation,   just compensation
          shall include necessary expenses of litigation to be awarded
          by the court when the private property owner prevails.

Sec. 30.  Treason  against  the State  shall consist  only in  levying
          war  against  it,  or  adhering  to its enemies, giving them
          aid and  comfort; no  person shall  be convicted  of treason
          except on the testimony of  two witnesses to the same  overt
          act, or on his confession in open court; no person shall  be
          attainted of treason or  felony by the legislature;  no con-
          viction shall cause the loss of property to the relatives or
          heirs of the convicted.  The estates of suicides shall  des-
          cend or vest as in cases of natural death.

Sec. 31.  No ex post facto law nor any law impairing the obligation of
          contracts, or making any irrevocable grant or special  priv-
          ileges, franchises,  or immunities,  shall be  passed by the
          legislature.

Sec. 32.  The military shall always be in strict subordination to  the
          civil power; no soldier shall in time of peace be  quartered
          in any house without the  consent of the owner, nor  in time
          of war, except in the manner prescribed by law.

Sec. 33.  No  armed person  or persons or  armed body of  men shall be
          brought into this state  for the preservation of  the peace,
          or the  suppression of  domestic violence,  except upon  the
          application of the legislature, or of the governor when  the
          legislature cannot be convened.

Sec. 34.  The enumeration in this constitution of certain rights shall
          not be construed  to deny, impair,  or disparage others  re-
          tained by the people.

Sec. 35.  The  people declare  that Montana servicemen,  servicewomen,
          and veterans may be given special considerations  determined
          by the legislature.



