Bill > HJ14

This joint resolution addresses the interpretation of the landmark 1803 Supreme Court case Marbury v. Madison, asserting that no single branch of government (executive, legislative, or judicial) has exclusive authority to interpret the Constitution. The resolution challenges the widely held belief that the judicial branch has sole power to determine constitutionality, arguing instead that all three branches have an equal responsibility under their constitutional oath to interpret and maintain fidelity to the Constitution. It specifically refutes claims that court decisions are automatically final and binding on other branches, emphasizing that the principles of separation of powers and checks and balances prevent any single branch from having absolute interpretive authority. The resolution declares that while judicial opinions should be respected, the legislative and executive branches have equal roles in determining constitutionality, and ultimately, changes to the constitution remain the prerogative of the people. To underscore its position, the resolution directs the Secretary of State to distribute copies of this resolution to various state and federal judicial, executive, and legislative bodies, including the Montana Supreme Court, state courts, the Governor, and the U.S. Supreme Court.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0895