The Montana Constitution

In the 1960s, increasing industry and development – and the messes they were leaving behind – inspired a new Constitutional Convention in Montana. Accordingly, 100 citizen delegates, not politicians, convened in Helena. The bipartisan group of delegates were overwhelmingly in favor of adding environmental protections to the new document, showing just how important this is for all Montanans.

The current Montana Constitution was adopted on March 22, 1972 and ratified by voters at an election held on June 6, 1972.

What’s so great about the Montana Constitution?

• If you care about Montana’s outdoor spaces, a whole lot:
  • Article II, Section 3 guarantees a clean and healthy environment as an inalienable right. 
  • Article XI, Section 1 declares that “the state and each person shall maintain and improve” the environment.
  • In short, it safeguards Montana’s air, water, and public lands for generations to come.

Even in today’s increasingly polarized society, the Constitution serves as a bipartisan common ground. During the 2023 legislative session, a record number of attacks on the Constitution were proposed. All were struck down, by lawmakers on both sides of the aisle.

Has the Constitution really done any good?

Courts have played an important role in upholding the Montana Constitution, and the right to a clean and healthful environment has been the basis for several successful lawsuits over the years. As a result, some of Montanans’ favorite outdoor spaces have been saved from destruction.

• Besides the right to a clean and healthful environment, Montana Courts have upheld several other rights that are guaranteed to us by the Montana Constitution.
  • In 2021, the Legislature passed four laws aimed at denying some Montanans their right to vote. In 2024, the Montana Supreme Court declared that these laws violated the fundamental rights of voters as outlined in the Montana Constitution.
  • Over the past 50 years, Montana’s courts have defined “the practical contours” of Montanans’ constitutional right to know. As Montanans, we have a unique opportunity to demand transparency from our government – few other states have outlined such broad and clear constitutional guarantees of the public right to examine government proceedings and deliberations.

Did you know?

• Overall, two thirds of Montana voters (63%) oppose amending the state’s constitution, with 45% strongly opposing amending it. No real partisan gap emerges beneath the surface with 64% of Democrats, 66% of independents, and 61% of Republicans in opposition to amending the constitution in any way.
• 66% of Montanans oppose revising the right to a clean and healthful environment to make it easier for private corporations to develop and profit from the state’s natural resources.
• 90% of Montanans agree that having 3 distinct branches of government is the best way to protect Montanans’ constitutional rights & freedoms.
• Over two-thirds of Montanans (71%) believe Supreme Court justices should remain nonpartisan positions, and nearly 9 out of every 10 Montanans (89%) think that Supreme Court justices should NOT make decisions based on political party considerations.
• 92% of Montanans oppose an amendment that would allow the Governor to appoint justices to the Supreme Court, rather than directly elected by the people.