History

[History includes the sources, drafting, and ratification of the provision.]

Sources

[Sources include preceding constitutions including Montana 1889, Montana 1884, other state constitutions, and other textual sources of the provision.]

1884 Montana Constitution (proposed)

The legislative power shall be vested in a Senate and House of Representatives, which shall be designated "The Legislative Assembly of the State of Montana."

1889 Montana Constitution

The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives; but the people reserve to themselves power to propose laws, and to enact or reject the same at the polls, except as to laws relating to appropriations of money, and except as to laws for the submission of constitutional amendments, and except as to local or special laws, as enumerated in article V, section 26 of this constitution, independent of the legislative assembly; and also reserve power, at their own option, to approve or reject at the polls, any act of the legislative assembly, except as to the laws necessary for the immediate preservation of the public peace, health, or safety, and except as to laws relating to appropriations of money, and except as to laws for submission of constitutional amendments, and except as to local or special laws, as enumerated in article V, section 26, of this constitution.

The first power reserved by the people is the initiative and eight per cent of the legal voters of the state shall be required to propose any measure by petition; provided, that two-fifths of the whole number of the counties of the state must each furnish as signers of said petition eight per cent. of the legal voters in such county, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state, not less than four months before the election at which they are to be voted upon.

The second power is the referendum, and it may be ordered either by petition signed by five per cent. of the legal voters of the state; provided two-fifths of the whole number of the counties of the state must each furnish as signers of said petition five per cent. of the legal voters in such county, or, by the legislative assembly as other bills are enacted.

Referendum petitions shall be filed with the secretary, not later than six months after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people by the legislative assembly or by initiative or referendum petitions.

All elections on measures referred to the people of the state shall had at the biennial regular general election, except when the legislative assembly, by a majority vote, shall order a special election. Any measure referred to the people shall still be in full force and effect unless such petition be signed by fifteen per cent. of the legal voters of a majority of the whole number of the counties of the state, in which case the law shall be inoperative until such time as it shall be passed upon at an election, and the result has been determined and declared as provided by law. The whole number of votes cast for governor at the regular election last proceeding the filing of any petition for the initiative or referendum shall be the basis on which the number of legal petitions and orders for the initiative aid for the referendum shall be filed with the secretary of state; and in submitting the same to the people, he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor. The enacting clause of every law originated by the initiative shall be as follows:

"Be it enacted by the people of Montana"

This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure.

1905 Amendment

Amendment providing for initiative and referendum.

HB 380- 1937

Legislative powers reserved to the people.

Other State Legislative Power and Structure Provisions Considered

Alaska

The legislative power of the state is vested in the legislature consisting on a Senate . . .and a House of Representatives . . . (Part of Section I, Article II). The people may propose and enact laws by initiative, and approve or reject acts of the legislature by the referendum. (Section 1, Article XI).

Hawaii

The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a Senate and a House of Representatives . . . (Part of Section 1, Article III).

Michigan

The legislative power of the State of Michigan is vested in a senate and a house of representatives (Section 1, Article IV). Amendments may be proposed to this constitution by the petition of the registered electors of this state. Every petition shall include the full text of the proposed amendment, and be signed by registered voters of the state equal in number to at least 10 percent of the total vote case for all candidates for governor at the last preceding election in which the governor was elected (Part of Section 2, Article XIII). The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws, call the referendum . . . (Section 9, Article II).

New Jersey

The legislative power shall be vested in a Senate and General Assembly (Section I, Article IV).

Puerto Rico

The legislative power shall be vested in a legislative assembly which shall consist of two houses, the Senate and the House of Representatives . . . (Section I, Article III).

'Model State Constitution

The legislative power of the State shall be vested in the legislature (Section 4.01, Article IV).

1972 Montana Constitution

The legislative power is vested in a legislature consisting of a senate and a house of representatives. The people reserve to themselves the powers of initiative and referendum.

Other Sources

Drafting

[Drafting includes the original delegate proposals, committee reports, floor debates, and votes during the Convention on the provision. For referred and initiated amendments, include the legislative process (for referred amendments), ballot statements, and votes.]

Montana Constitutional Study 12- Legislature

Power- Arguments for and against initiative and referendum

Advocates of the initiative and referendum argue that the two measures make other limitation restricting the legislature insignificant, and yet do not prevent the legislature from performing its duties efficiently. Advocates like to say that the referendum and initiative can be used as "guns behind the door." If the legislature refuses to pass needed legislation or passes legislation detrimental to the people, the people can completely bypass the legislature to correct the matter. In this way, advocates argue, the people can prevent a malapportioned or dominated legislature from ignoring their will.

Opponents reply that although the referendum and initiative can prevent or resolve legislature deadlocks (for example, the sales tax issue the 1971 Montana Legislature referred to the people), they also encourage the legislature to "pass the buck." Opponents also believe that the initiative and referendum ask too much of the voter. In their opinion, these devices only serve to confuse voters because they are so technical.

Legislative Structure Arguments- Bicameral or Unicameral

Bicameral Arguments

For

1. Bicameralism protects the propertied classes and conservatism
2. Bicameralism Permits Representation of Different Interests
3. Bicameralism Acts as a Check on Popular Passion
4. Bicameralism Guarantees Critical Review of Legislation and, therefore, Prevents Passage of Hasty and Ill-Considered Legislation
5. Bicameralism Prevents Corruption
6. The Most of Discussion in a Bicameral Legislature Produces Better Litigation
7. Bicameralism Is the Traditional Form of Government in the United States and Is Familiar to the People

Against

1. Bicameralism Does Not Provide Better Representation of Rural Areas
2. Bicameralism Does Not Protect the Propertied Classes and Does Not Represent Different Interests Because No Such Legislative Distinction Exist Today
3. A Second House Is Not A Check On Popular Passions
4. There Is No Need For A Second House
5. Bicameralism Does not Guarantee Critical Review and Does Not Prevent Hasty and Ill-Considered Legislation

Unicameral Arguments

For

1. A Unicameral Legislature Is Accountable
2. Unicameralism Is More Efficient than Bicameralism and Its Efficiency Improves the Quality of Legislation
3. Unicameralism Is More Economical than Bicameralism

Delegate Proposals

Delegate Proposal No. 22:(Arlyne Reichert) The legislative power of the state shall be vested in the legislative assembly, but the people may propose and enact laws by initiative and they may approve or reject legislative acts by referendum.

Delegate Proposal No. 136:(Robert Lee Kelleher) The legislative power of the state shall be vested in a parliament consisting of one chamber; but the people reserve to themselves the initiative, including the right to amend this Constitution, the referendum powers.

Delegate Proposal No. 140:(Grace Bates) The legislative power of the state shall be vested in a legislature consisting of a senate and a house of representatives but the people reserve to themselves the power of initiative and referendum.

Legislative Committee Majority Proposal- Unicameralism: (Mangus Aasheim, Chairman) The Legislative power of the state is vested in the legislature, consisting of one chamber whose members are designated senators. The people reserve to themselves the power of initiative and referendum.

Legislative Committee Majority Proposal- Bicameralism: (Mangus Aasheim, Chairman) The legislative power of the state is vested in the legislative assembly consisting of a senate and a house of representatives. The people reserve to themselves the power of initiative and referendum.

Text, as adopted: The legislative power is vested in a legislature consisting of a senate and a house of representatives. The people reserve to themselves the powers of initiative and referendum.

Witnesses Heard by Committee

• Bob Buzzas- Constitutional Convention Interns- Helena- Unicameralism
• Cark Rostad- Youth Constitutional Convention- Helena- Unicameralism
• Howard Banks- Interested citizen- Helena- Unicameralism
• Rosemary Boschert- Housewife- Billings- Bicameralism
• Byron Brown- Newspaper Editor- Dillon- Bicameralism
• LeRoy Aspevig- Representative- Rudyard- Bicameralism
• Jack Gunderson- Representative- Power- Reapportionment- Unicameralism
• James E. Nickel- Gynecologist- Helena- Unicameralism
• Jack McDonald- Senator- Belt- Unicameralism
• Norman Nickman- Doctor of Medicine- Missoula- Unicameralism
• Don McCammon- High School Student- Helena- Unicameralism
• Bradley Parrish- Representative- Lewistown- Unicameralism
• Chase Patrick- Representative- Helena- Unicameralism
• George Darrow- Representative- Billings- Bicameralism
• Tom Winsor- Interested Citizen- Bozeman- Bicameralism
• Tom Scanlit- Delegate- Billings- Bicameralism
• Lloyd Lockrem- Representative- Billings- Bicameralism
• Charles Mahoney- Delegate- Clancy- Bicameralism
• Mrs. Irving Boettger- Interested Citizen- East Helena- Unicameralism, single-member districts
• Grady Walton- interested Citizen- Helena- Unicameralism
• Larry Fasbender- Representative- Fort Shaw- Unicameralism
• William Groff- Senator- Victor- Bicameralism
• Robert Kelleher- Delegate- Billings- Proposal #136
• Don Garrity- Attorney- Helena- Parliamentary System

Ratification

[Ratification includes official and unofficial voter guides, commentary, and contemporaneous reporting about the provision.]

Interpretation

[Interpretation includes cases, legislation, executive action, official speeches, and other materials applying the provision.]

Commentary

[Commentary includes post-ratification scholarship, reporting, and other commentary on the provision.]