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Montana Constitution, Article II

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Article II, DECLARATION OF RIGHTS

35 sections · 0 paragraphs in this article.

All articles157 Art. I0 Art. II35 Art. III9 Art. IV8 Art. V14 Art. VI15 Art. VII11 Art. VIII16 Art. IX7 Art. X11 Art. XI9 Art. XII4 Art. XIII7 Art. XIV11

35 provisions·Filtered byArt. II✕

Mont. Const. art. II, § 1 Popular sovereignty
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All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.
Mont. Const. art. II, § 2 Self-government
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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.
Mont. Const. art. II, § 3 Inalienable rights
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All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and see…
Mont. Const. art. II, § 4 Individual dignity
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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,…

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Mont. Const. art. II, § 5 Freedom of religion

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The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Mont. Const. art. II, § 6 Freedom of assembly

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The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action.

Mont. Const. art. II, § 7 Freedom of speech, expression, and press

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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…

Mont. Const. art. II, § 8 Right of participation

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The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.

Mont. Const. art. II, § 9 Right to know

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No person shall be deprived of the right to examine documents 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.

Mont. Const. art. II, § 10 Right of privacy

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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.

Mont. Const. art. II, § 11 Searches and seizures

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The people shall be secure in their 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 pro…

Mont. Const. art. II, § 12 Right to bear arms

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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.

Mont. Const. art. II, § 13 Right of suffrage

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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 of suffrage.

Mont. Const. art. II, § 14 Adult rights

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A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages. History: Amd. Const. Amend. No. 4, approved Nov. 7, 1978; amd. Const. …

Mont. Const. art. II, § 15 Rights of persons not adults

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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.

Mont. Const. art. II, § 16 The administration of justice

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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 empl…

Mont. Const. art. II, § 17 Due process of law

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No person shall be deprived of life, liberty, or property without due process of law.

Mont. Const. art. II, § 18 State subject to suit

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The state, counties, cities, towns, and all other local governmental entities shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature. History: Amd. Const. Amend. No. 2, appr…

Mont. Const. art. II, § 19 Habeas corpus

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The privilege of the writ of habeas corpus shall never be suspended.

Mont. Const. art. II, § 20 Initiation of proceedings

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(1) Criminal offenses within the jurisdiction of any court inferior to the district court shall be prosecuted by complaint. All criminal actions in district court, except those on appeal, shall be prosecuted either by information, after examination and commitment by a magistrate …

Mont. Const. art. II, § 21 Bail

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All persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.

Mont. Const. art. II, § 22 Excessive sanctions

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Excessive bail shall not be required, or excessive fines imposed, or cruel and unusual punishments inflicted.

Mont. Const. art. II, § 23 Detention

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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 can…

Mont. Const. art. II, § 24 Rights of the accused

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In all criminal prosecutions the accused shall have the right to appear and defend 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 …

Mont. Const. art. II, § 25 Self-incrimination and double jeopardy

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No person shall be compelled to testify against himself in a criminal proceeding. No person shall be again put in jeopardy for the same offense previously tried in any jurisdiction.

Mont. Const. art. II, § 26 Trial by jury

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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. I…

Mont. Const. art. II, § 27 Imprisonment for debt

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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.

Mont. Const. art. II, § 28 Criminal justice policy -- rights of the convicted

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(1) Laws for the punishment of crime shall be founded on the principles of prevention, reformation, public safety, and restitution for victims. (2) Full rights are restored by termination of state supervision for any offense against the state. History: Amd. Const. Amend. No. 33, …

Mont. Const. art. II, § 29 Eminent domain

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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 aw…

Mont. Const. art. II, § 30 Treason and descent of estates

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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 perso…

Mont. Const. art. II, § 31 Ex post facto, obligation of contracts, and irrevocable privileges

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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.

Mont. Const. art. II, § 32 Civilian control of the military

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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 provided by law.

Mont. Const. art. II, § 33 Importation of armed persons

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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.

Mont. Const. art. II, § 34 Unenumerated rights

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The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

Mont. Const. art. II, § 35 Servicemen, servicewomen, and veterans

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The people declare that Montana servicemen, servicewomen, and veterans may be given special considerations determined by the legislature.