FrankGoortani/open-us-law huggingface dataset:
Mt. Const. art. III, § 3 — Article III / Section 3
MT Const., Article III, Section 3
Status: in_force

Oath of office . Members of the legislature and all executive, ministerial and judicial officers, shall take and subscribe the following oath or affirmation, before they enter upon the duties of their offices: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)." No other oath, declaration, or test shall be required as a qualification for any office or public trust.
Mt. Const. art. IV, § 6 — Article IV / Section 6
MT Const., Article IV, Section 6
Status: in_force

Privilege from arrest. A qualified elector is privileged from arrest at polling places and in going to and returning therefrom, unless apprehended in the commission of a felony or a breach of the peace.
Mt. Const. art. VII, § 8 — Article VII / Section 8
MT Const., Article VII, Section 8
Status: in_force

Selection. (1) Supreme court justices and district court judges shall be elected by the qualified electors as provided by law. (2) For any vacancy in the office of supreme court justice or district court judge, the governor shall appoint a replacement from nominees selected in the manner provided by law. If the governor fails to appoint within thirty days after receipt of nominees, the chief justice or acting chief justice shall make the appointment from the same nominees within thirty days of the governor's failure to appoint. Appointments made under this subsection shall be subject to confirmation by the senate, as provided by law. If the appointee is not confirmed, the office shall be vacant and a replacement shall be made under the procedures provided for in this section. The appointee shall serve until the election for the office as provided by law and until a successor is elected and qualified. The person elected or retained at the election shall serve until the expiration of the term for which his predecessor was elected. No appointee, whether confirmed or unconfirmed, shall serve past the term of his predecessor without standing for election. (3) If an incumbent files for election and there is no election contest for the office, the name of the incumbent shall nevertheless be placed on the general election ballot to allow the voters of the state or district to approve or reject him. If an incumbent is rejected, the vacancy in the office for which the election was held shall be filled as provided in subsection (2). History: Amd. Const. Amend. No. 22, approved Nov. 3, 1992.
Mt. Const. art. XII, § 2 — Article XII / Section 2
MT Const., Article XII, Section 2
Status: in_force

Labor. (1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate. (2) A maximum period of 8 hours is a regular day's work in all industries and employment except agriculture and stock raising. The legislature may change this maximum period to promote the general welfare.
Mt. Const. art. III, § 8 — Article III / Section 8
MT Const., Article III, Section 8
Status: in_force

Prohibition. The provisions of this Article do not apply to CONSTITUTIONAL REVISION, Article XIV.
Mt. Const. art. VI, § 11 — Article VI / Section 11
MT Const., Article VI, Section 11
Status: in_force

Special session. Whenever the governor considers it in the public interest, he may convene the legislature.
Mt. Const. art. I, § 19 — Article I / Section 19
MT Const., Article I, Section 19
Status: in_force

Habeas corpus. The privilege of the writ of habeas corpus shall never be suspended.
Mt. Const. art. I, § 26 — Article I / Section 26
MT Const., Article I, Section 26
Status: in_force

Trial by jury. 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.
Mt. Const. art. IX, § 1 — Article IX / Section 1
MT Const., Article IX, Section 1
Status: in_force

Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
Mt. Const. art. IV, § 5 — Article IV / Section 5
MT Const., Article IV, Section 5
Status: in_force

Result of elections. In all elections held by the people, the person or persons receiving the largest number of votes shall be declared elected.
Mt. Const. art. VII, § 2 — Article VII / Section 2
MT Const., Article VII, Section 2
Status: in_force

Supreme court jurisdiction. (1) The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such other writs as may be provided by law. (2) It has general supervisory control over all other courts. (3) It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation. (4) Supreme court process shall extend to all parts of the state.
Mt. Const. art. VII, § 10 — Article VII / Section 10
MT Const., Article VII, Section 10
Status: in_force

Forfeiture of judicial position. Any holder of a judicial position forfeits that position by either filing for an elective public office other than a judicial position or absenting himself from the state for more than 60 consecutive days.
Mt. Const. art. I, § 35 — Article I / Section 35
MT Const., Article I, Section 35
Status: in_force

Servicemen, servicewomen, and veterans. The people declare that Montana servicemen, servicewomen, and veterans may be given special considerations determined by the legislature. ARTICLE III: GENERAL GOVERNMENT [ edit ]
Mt. Const. art. II, § 19 — Article II / Section 19
MT Const., Article II, Section 19
Status: in_force

Habeas corpus. The privilege of the writ of habeas corpus shall never be suspended.
Mt. Const. art. II, § 26 — Article II / Section 26
MT Const., Article II, Section 26
Status: in_force

Trial by jury. 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.
Mt. Const. art. II, § 10 — Article II / Section 10
MT Const., Article II, Section 10
Status: in_force

Right of privacy. 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.
Mt. Const. art. XI, § 2 — Article XI / Section 2
MT Const., Article XI, Section 2
Status: in_force

Counties. The counties of the state are those that exist on the date of ratification of this constitution. No county boundary may be changed or county seat transferred until approved by a majority of those voting on the question in each county affected.
Mt. Const. art. VII, § 9 — Article VII / Section 9
MT Const., Article VII, Section 9
Status: in_force

Qualifications. (1) A citizen of the United States who has resided in the state two years immediately before taking office is eligible to the office of supreme court justice or district court judge if admitted to the practice of law in Montana for at least five years prior to the date of appointment or election. Qualifications and methods of selection of judges of other courts shall be provided by law. (2) No supreme court justice or district court judge shall solicit or receive compensation in any form whatever on account of his office, except salary and actual necessary travel expense. (3) Except as otherwise provided in this constitution, no supreme court justice or district court judge shall practice law during his term of office, engage in any other employment for which salary or fee is paid, or hold office in a political party. (4) Supreme court justices shall reside within the state. During his term of office, a district court judge shall reside in the district and a justice of the peace shall reside in the county in which he is elected or appointed. The residency requirement for every other judge must be provided by law. History: Amd. Const. Amend. No. 19, approved Nov. 8, 1988.
Mt. Const. art. I, § 12 — Article I / Section 12
MT Const., Article I, Section 12
Status: in_force

Strict accountability. The legislature shall by law insure strict accountability of all revenue received and money spent by the state and counties, cities, towns, and all other local governmental entities.
Mt. Const. art. II, § 31 — Article II / Section 31
MT Const., Article II, Section 31
Status: in_force

Ex post facto, obligation of contracts, and irrevocable privileges. No ex post facto law nor any law impairing the obligation of contracts, or making any irrevocable grant of special privileges, franchises, or immunities, shall be passed by the legislature.
Mt. Const. art. VIII, § 10 — Article VIII / Section 10
MT Const., Article VIII, Section 10
Status: in_force

Local government debt. The legislature shall by law limit debts of counties, cities, towns, and all other local governmental entities.
Mt. Const. art. I, § 4 — Article I / Section 4
MT Const., Article I, Section 4
Status: in_force

Terms of judiciary. Executed (certified by letter, December 20, 1978).
Mt. Const. art. II, § 34 — Article II / Section 34
MT Const., Article II, Section 34
Status: in_force

Unenumerated rights. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.
Mt. Const. art. XI, § 6 — Article XI / Section 6
MT Const., Article XI, Section 6
Status: in_force

Self-government powers. A local government unit adopting a self-government charter may exercise any power not prohibited by this constitution, law, or charter. This grant of self-government powers may be extended to other local government units through optional forms of government provided for in section 3.
Mt. Const. art. XI, § 5 — Article XI / Section 5
MT Const., Article XI, Section 5
Status: in_force

Self-government charters. (1) The legislature shall provide procedures permitting a local government unit or combination of units to frame, adopt, amend, revise, or abandon a self-government charter with the approval of a majority of those voting on the question. The procedures shall not require approval of a charter by a legislative body. (2) If the legislature does not provide such procedures by July 1, 1975, they may be established by election either: (a) Initiated by petition in the local government unit or combination of units; or (b) Called by the governing body of the local government unit or combination of units. (3) Charter provisions establishing executive, legislative, and administrative structure and organization are superior to statutory provisions.
Mt. Const. art. XII, § 3 — Article XII / Section 3
MT Const., Article XII, Section 3
Status: in_force

Institutions and assistance. (1) The state shall establish and support institutions and facilities as the public good may require, including homes which may be necessary and desirable for the care of veterans. (2) Persons committed to any such institutions shall retain all rights except those necessarily suspended as a condition of commitment. Suspended rights are restored upon termination of the state's responsibility. (3) The legislature may provide such economic assistance and social and rehabilitative services for those who, by reason of age, infirmities, or misfortune are determined by the legislature to be in need. (4) The legislature may set eligibility criteria for programs and services, as well as for the duration and level of benefits and services. History: Amd. Const. Amend. No. 18, approved Nov. 8, 1988.
Mt. Const. art. X, § 7 — Article X / Section 7
MT Const., Article X, Section 7
Status: in_force

Nondiscrimination in education. No religious or partisan test or qualification shall be required of any teacher or student as a condition of admission into any public educational institution. Attendance shall not be required at any religious service. No sectarian tenets shall be advocated in any public educational institution of the state. No person shall be refused admission to any public educational institution on account of sex, race, creed, religion, political beliefs, or national origin.
Mt. Const. art. I, § 30 — Article I / Section 30
MT Const., Article I, Section 30
Status: in_force

Treason and descent of estates. Treason against the state shall consist only in levying war against it, or in 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 conviction shall cause the loss of property to the relatives or heirs of the convicted. The estates of suicides shall descend or vest as in cases of natural death.
Mt. Const. art. VII, § 11 — Article VII / Section 11
MT Const., Article VII, Section 11
Status: in_force

Removal and discipline. (1) The legislature shall create a judicial standards commission consisting of five persons and provide for the appointment thereto of two district judges, one attorney, and two citizens who are neither judges nor attorneys. (2) The commission shall investigate complaints, and make rules implementing this section. It may subpoena witnesses and documents. (3) Upon recommendation of the commission, the supreme court may: (a) Retire any justice or judge for disability that seriously interferes with the performance of his duties and is or may become permanent; or (b) Censure, suspend, or remove any justice or judge for willful misconduct in office, willful and persistent failure to perform his duties, violation of canons of judicial ethics adopted by the supreme court of the state of Montana, or habitual intemperance. (4) The proceedings of the commission are confidential except as provided by statute. History: Amd. Const. Amend. No. 9, approved Nov. 4, 1980; amd. Const. Amend. No. 13, approved Nov. 6, 1984.
Mt. Const. art. VII, § 4 — Article VII / Section 4
MT Const., Article VII, Section 4
Status: in_force

District court jurisdiction. (1) The district court has original jurisdiction in all criminal cases amounting to felony and all civil matters and cases at law and in equity. It may issue all writs appropriate to its jurisdiction. It shall have the power of naturalization and such additional jurisdiction as may be delegated by the laws of the United States or the state of Montana. Its process shall extend to all parts of the state. (2) The district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law. The legislature may provide for direct review by the district court of decisions of administrative agencies. (3) Other courts may have jurisdiction of criminal cases not amounting to felony and such jurisdiction concurrent with that of the district court as may be provided by law.
Mt. Const. art. X, § 4 — Article X / Section 4
MT Const., Article X, Section 4
Status: in_force

Board of land commissioners. The governor, superintendent of public instruction, auditor, secretary of state, and attorney general constitute the board of land commissioners. It has the authority to direct, control, lease, exchange, and sell school lands and lands which have been or may be granted for the support and benefit of the various state educational institutions, under such regulations and restrictions as may be provided by law.
Mt. Const. art. XIV, § 3 — Article XIV / Section 3
MT Const., Article XIV, Section 3
Status: in_force

Prospective operation of declaration of rights. Any rights, procedural or substantive, created for the first time by Article II shall be prospective and not retroactive.
Mt. Const. art. VI, § 7 — Article VI / Section 7
MT Const., Article VI, Section 7
Status: in_force

20 departments. All executive and administrative offices, boards, bureaus, commissions, agencies and instrumentalities of the executive branch (except for the office of governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, and auditor) and their respective functions, powers, and duties, shall be allocated by law among not more than 20 principal departments so as to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a department.
Mt. Const. art. II, § 29 — Article II / Section 29
MT Const., Article II, Section 29
Status: in_force

Eminent domain. 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.
Mt. Const. art. I, § 29 — Article I / Section 29
MT Const., Article I, Section 29
Status: in_force

Eminent domain. 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.
Mt. Const. art. I, § 31 — Article I / Section 31
MT Const., Article I, Section 31
Status: in_force

Ex post facto, obligation of contracts, and irrevocable privileges. No ex post facto law nor any law impairing the obligation of contracts, or making any irrevocable grant of special privileges, franchises, or immunities, shall be passed by the legislature.
Mt. Const. art. I, § 0 — Article I / Section 0
MT Const., Article I
Status: in_force

[ edit ] 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.
Mt. Const. art. I, § 14 — Article I / Section 14
MT Const., Article I, Section 14
Status: in_force

Prohibited payments. Except for interest on the public debt, no money shall be paid out of the treasury unless upon an appropriation made by law and a warrant drawn by the proper officer in pursuance thereof.
Mt. Const. art. I, § 27 — Article I / Section 27
MT Const., Article I, Section 27
Status: in_force

Imprisonment for debt. 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.
Mt. Const. art. V, § 4 — Article V / Section 4
MT Const., Article V, Section 4
Status: in_force

Qualifications. A candidate for the legislature shall be a resident of the state for at least one year next preceding the general election. For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts or of the district if it contains all or parts of more than one county.
Mt. Const. art. I, § 2 — Article I / Section 2
MT Const., Article I, Section 2
Status: in_force

Delayed effective date. Executed (certified by letter, December 4, 1974).
Mt. Const. art. V, § 3 — Article V / Section 3
MT Const., Article V, Section 3
Status: in_force

Election and terms. A member of the house of representatives shall be elected for a term of two years and a member of the senate for a term of four years each to begin on a date provided by law. One-half of the senators shall be elected every two years.
Mt. Const. art. I, § 16 — Article I / Section 16
MT Const., Article I, Section 16
Status: in_force

Limitation on sales tax or use tax rates. The rate of a general statewide sales tax or use tax may not exceed 4%. History: En. Sec. 1, Const. Amend. No. 27, approved Nov. 8, 1994. ARTICLE IX: ENVIRONMENT AND NATURAL RESOURCES [ edit ]
Mt. Const. art. IV, § 3 — Article IV / Section 3
MT Const., Article IV, Section 3
Status: in_force

Elections. The legislature shall provide by law the requirements for residence, registration, absentee voting, and administration of elections. It may provide for a system of poll booth registration, and shall insure the purity of elections and guard against abuses of the electoral process.
Mt. Const. art. VIII, § 5 — Article VIII / Section 5
MT Const., Article VIII, Section 5
Status: in_force

Property tax exemptions. (1) The legislature may exempt from taxation: (a) Property of the United States, the state, counties, cities, towns, school districts, municipal corporations, and public libraries, but any private interest in such property may be taxed separately. (b) Institutions of purely public charity, hospitals and places of burial not used or held for private or corporate profit, places for actual religious worship, and property used exclusively for educational purposes. (c) Any other classes of property. (2) The legislature may authorize creation of special improvement districts for capital improvements and the maintenance thereof. It may authorize the assessment of charges for such improvements and maintenance against tax exempt property directly benefited thereby.
Mt. Const. art. VIII, § 15 — Article VIII / Section 15
MT Const., Article VIII, Section 15
Status: in_force

Public retirement system assets. (1) Public retirement systems shall be funded on an actuarially sound basis. Public retirement system assets, including income and actuarially required contributions, shall not be encumbered, diverted, reduced, or terminated and shall be held in trust to provide benefits to participants and their beneficiaries and to defray administrative expenses. (2) The governing boards of public retirement systems shall administer the system, including actuarial determinations, as fiduciaries of system participants and their beneficiaries. History: En. Sec. 2, Const. Amend. No. 25, approved Nov. 8, 1994.
Mt. Const. art. X, § 6 — Article X / Section 6
MT Const., Article X, Section 6
Status: in_force

Aid prohibited to sectarian schools. (1) The legislature, counties, cities, towns, school districts, and public corporations shall not make any direct or indirect appropriation or payment from any public fund or monies, or any grant of lands or other property for any sectarian purpose or to aid any church, school, academy, seminary, college, university, or other literary or scientific institution, controlled in whole or in part by any church, sect, or denomination. (2) This section shall not apply to funds from federal sources provided to the state for the express purpose of distribution to non-public education.