The Montana Constitution

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.

All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana.

Section 1

Popular sovereignty

Section 2

Self-government

Section 3

Inalienable rights

Section 4

Individual dignity

Section 5

Freedom of religion

Section 6

Freedom of assembly

Section 7

Freedom of speech, expression, and press

Section 8

Right of participation

Section 9

Right to know

Section 10

Right of privacy

Section 11
Last Amended 2023

Searches and seizures

Section 12

Right to bear arms

Section 13

Right of suffrage

Section 14
Last Amended 2021

Adult Rights

Section 15

Rights of persons not adults

Section 16

The administration of justice

Section 17

Due process of law

Section 18
Last Amended 1974

State subject to suit

Section 19

Habeas corpus

Section 20

Initiation of proceedings

Section 21

Bail

Section 22

Excessive sanctions

Section 23

Detention

Section 24

Rights of the accused

Section 25

Self-incrimination and double jeopardy

Section 26

Trial by jury

Section 27

Imprisonment for debt

Section 28
Last Amended 1998

Criminal justice policy--rights of the convicted

Section 29

Eminent domain

Section 30

Treason and descent of estates

Section 31

Ex post facto, obligation of contracts, and irrevocable privileges

Section 32

Civilian control of the military

Section 33

Importation of armed persons

Section 34

Unenumerated rights

Section 35

Servicemen, servicewomen, and veterans

Section 1

Separation of powers

Section 2

Continuity of government

Section 3

Oath of office

Section 4
Last Amended 2020

Initiative

Section 5

Referendum

Section 6

Elections

Section 7
Last Amended 2002

Number of electors

Section 8

Prohibition

Section 9

Gambling

Section 1

Ballot

Section 2

Qualified elector

Section 3

Elections

Section 4

Eligibility for public office

Section 5

Result of elections

Section 6

Privilege from arrest

Section 7
Last Amended 1990

Ballot issues--challenges--elections

Section 8
Last Amended 1992

Limitation on terms of office

Section 1

Power and structure

Section 2

Size

Section 3

Election and terms

Section 4

Qualifications

Section 5

Compensation

Section 6
Last Amended 1974

Sessions

Section 7

Vacancies

Section 8

Immunity

Section 9

Disqualification

Section 10

Organization and procedure

Section 11

Bills

Section 12

Local and special legislation

Section 13

Impeachment

Section 14

Districting and apportionment

Section 1

Officers

Section 2

Election

Section 3

Qualifications

Section 4

Duties

Section 5

Compensation

Section 6

Vacancy in office

Section 7

20 departments

Section 8

Appointing power

Section 9

Budget and messages

Section 10
Last Amended 1994

Veto power

Section 11

Special session

Section 12

Pardons

Section 13

Militia

Section 14

Succession

Section 15

Information for governor

Section 1

Judicial power

Section 2

Supreme court jurisdiction

Section 3

Supreme court organization

Section 4

District court jurisdiction

Section 5

Justices of the peace

Section 6

Judicial districts

Section 7

Terms and pay

Section 8
Last Amended 1992

Selection

Section 9
Last Amended 1988

Qualifications

Section 10

Forfeiture of judicial position Currentness

Section 11
Last Amended 1984

Removal and discipline

Section 1

Tax purposes

Section 2

Tax power inalienable

Section 3

Property tax administration

Section 4

Equal valuation

Section 5

Property tax exemptions

Section 6

Highway revenue non-diversion

Section 7

Tax appeals

Section 8

State debt

Section 9

Balanced budget

Section 10

Local government debt

Section 11

Use of loan proceeds

Section 12

Strict accountability

Section 13
Last Amended 1994

Investment of public funds and public retirement system and state compensation insurance fund assets

Section 14

Prohibited payments

Section 15
Last Amended 1994

Public retirement system assets

Section 16
Last Amended 1994

Limitation on sales tax or use tax rates

Section 17
Last Amended 2010

Prohibition on real property transfer taxes

Section 1

Protection and improvement

Section 2
Last Amended 1974

Reclamation

Section 3

Water rights

Section 4

Cultural resources

Section 5
Last Amended 1976

Severance tax on coal--trust fund

Section 6
Last Amended 2004

Noxious weed management trust fund

Section 7
Last Amended 2004

Preservation of harvest heritage

Section 1

Educational goals and duties

Section 2

Public school fund

Section 3

Public school fund inviolate

Section 4

Board of land commissioners

Section 5

Public school fund revenue

Section 6

Aid prohibited to sectarian schools

Section 7

ondiscrimination in education

Section 8

School district trustees

Section 9

Boards of education

Section 10

State university funds

Section 11

Public land trust, disposition

Section 1

Definition

Section 2

Counties

Section 3

Forms of government

Section 4

General powers

Section 5

Self-government charters

Section 6

Self-government powers

Section 7

Intergovernmental cooperation

Section 8

Initiative and referendum

Section 9
Last Amended 1978

Voter review of local government

Section 1

Agriculture

Section 2

Labor

Section 3
Last Amended 1988

Institutions and assistance

Section 4

Montana tobacco settlement trust fund

Section 1

Nonmunicipal corporations

Section 2

Consumer counsel

Section 3

Repealed

Section 4

Code of ethics

Section 5

Exemption laws

Section 6

Perpetuities

Section 7

Marriage

Section 1

Constitutional convention

Section 2

Initiative for constitutional convention

Section 3

Periodic submission

Section 4

Call of convention

Section 5

Convention expenses

Section 6

Oath, vacancies

Section 7

Convention duties

Section 8

Amendment by legislative referendum

Section 9
Last Amended 2020

Amendment by initiative

Section 10

Petition signers

Section 11

Submission

The following provisions shall remain part of this Constitution until their terms have been executed. Once each year the attorney general shall review the following provisions and certify to the secretary of state which, if any, have been executed. Any provisions so certified shall thereafter be removed from this Schedule and no longer published as part of this Constitution.