Montana Constitution

Text

"Section 3. 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."Mont. Const. art. III, § 3.

History

Sources

1884 Proposed Montana Constitution

The 1884 Proposed Montana Constitution's oath provision stated similar language to that of the 1972 Montana Constitution. Found under Article XVI, § 4, the provision read: "Members of the Legislative Assembly, and all officers, executive, ministerial or judicial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation, to wit: 'I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution of the United States and the State of Montana, and that I will faithfully discharge the duties of the office of _______ ____ according to the law and the best of my abilities.' And no other oath, affirmation, or test shall be required as a qualification for any office or public trust."Proposed 1884 Mont. Const. art. XVI, § 4: https://archive.org/details/montanaconstitutmontrich/page/32

1889 Montana Constitution

Article XIX, § 1 of the 1889 Montana Constitution read: "Members of the legislative assembly and all officers, executive, ministerial or judicial, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation, to wit: 'I 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; and that I have not paid, or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment) except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this state, or procured it to be done by others in my behalf; that I will not knowingly receive, directly, or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office other than the compensation allowed by law, so help me God.' And no other oath, declaration or test shall be required as a qualification for any office or public trust."1889 Mont. Const. art. XIX, § 1: https://archive.org/details/constitutionofst00montrich/page/n49

Federal Constitution

The United States Constitution requires an oath of office in two of its clauses. Article II, § 1, cl. 8 states the exact wording of the President's oath of office.U.S. Const. art. II, § 1, cl. 8. Article VI, cl. 3 states that senators, representatives, members of state legislatures, executive officers, and judicial officers must also take an oath.U.S. Const. art. VI, cl. 3. Both clauses require the applicable officials to take oaths to uphold the Constitution.

Drafting

Delegate Proposal

No. 10 (Delegate Paul Harlow): "This proposal established a short oath for office, and was adopted as the majority proposal." 2 Montana Constitutional Convention 828, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Committee on General Government

Proposal: "Section 3. OATH OF OFFICE. Members of the legislative assembly and all officers, executive, ministerial or judicial, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation, to-wit: '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).' And no other oath, declaration or test shall be required as a qualification for any office or public trust." 2 Montana Constitutional Convention 815, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Comments: "This oath is a shortened version of the oath presently contained in Article XIX, section 1 of the present Constitution. This oath contains the intent of the present Constitution's oath, but without the extensive detail. The proposed oath also allows a person of any religious persuasion, including an atheist or agnostic, to take the oath without violating his principles. The provision also prohibits any other oath as a qualification for any state public office." 2 Montana Constitutional Convention 819, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Committee on Style and Drafting

Proposal: "Section 3. 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." 2 Montana Constitutional Convention 1043, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Comment: "Section 3. Reordering promotes flow without altering substance." 2 Montana Constitutional Convention 1025, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol2.pdf

Floor Debate

Delegate Schiltz recommended the adoption of the revised provision, stating the changes were stylistic and "took out the offensive 'to-wit.'" 7 Montana Constitution Verbatim Transcript 2820, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol7.pdf This provision received no opposition.

Ratification

The people of Montana ratified Article III, § 3 as part of the Proposed 1972 Constitution. The 1972 Voter's Pamphlet described the revised section as a "shortened version" of the 1889 oath. See The Proposed 1972 Constitution for the State of Montana Official Text with Explanation (Voter’s Information Pamphlet) 8, available at http://www.umt.edu/law/library/files/1972voterspamphlet.

Interpretation

Cases

State v. Vickers

In this case, the oath of office taken by a justice of the peace did not conform to the constitutional oath because it omitted the phrase "to discharge the duties of my office with fidelity."964 P.2d 756, 762 (Mont. 1998). For this and other reasons, the justice of the peace was thus not duly authorized.Id.