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- 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.
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