History

Ratification

1884 Constitution

Art. I sec. 25: That no person shall be deprived of life, liberty, or property without due process of law. 1884 Mont. Const. art. I sec. 25: www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1884_const.pdf.

1889 Constitution

Art. III sec 27. “No person shall be deprived of life, liberty or property without due process of law. Due process of law is simply the ordinary course of law in cases of the same kind. Due process of law in a state is regulated by the law of the state.” 1889 Mont. Const. art. III sec. 27: www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1884_const.pdf.

For criminal costs, a statute “creating a lien upon the real estate and mining claims of any person for the payment of any judgment for fine and costs, which may be imposed upon him for a criminal offense, such lien to take effect from the time of his arrest, does not encumber his property without due process of law.” 1889 Mont. Const. art. III sec. 27: www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1884_const.pdf.

For the examination of mining property, a “statute which provides for the inspection, examination and survey of lode mining claims, upon an order of the district court made upon the petition of any party having any right to or interest in such mining claim, where such examination of survey is necessary to protect such right or interest upon notice to the adverse party in possession of such claim, does not deprive the adverse party of his property without due process of law.” 1889 Mont. Const. art. III sec. 27: www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1884_const.pdf.

Due process also exists within art. III § 8 of the 1889 Constitution, where it says that “a conviction on an information without indictment, for murder in the first degree, and sentence of death thereon, are not illegal by virtue of that clause of the fourteenth amendment to the constitution of the United States with prohibits the states from depriving any person of life, liberty or property without due process of law.” 1889 Mont. Const. art III sec. 8: www.umt.edu/media/law/library/MontanaConstitution/Miscellaneous%20Documents/1889_const.pdf.

1972 Constitution

Art. II sec. 17 of the 1972 Constitution simply says that the due process provision is identical to 1889 Constitution. See, The Proposed 1972 Constitution for the State of Montana Official Text with Explanation (Voter’s Information Pamphlet).