Montana Law ARTICLE II DECLARATION OF RIGHTS
Montana Constitution – Article II: Declaration of Rights – Summary
📜 Overview:
Article II of the Montana Constitution is the Declaration of Rights, serving as the state's Bill of Rights. It outlines the fundamental rights and liberties guaranteed to all people within the state. This article is known for its strong environmental, privacy, and civil liberties protections, many of which go beyond the U.S. Constitution.
🧭 Key Sections & Highlights:
Section 1 – Popular Sovereignty
All political power is vested in and derived from the people.
Section 3 – Inalienable Rights
Lists life, liberty, pursuit of happiness, and the right to seek safety, health, and happiness.
Section 4 – Individual Dignity
No person shall be denied equal protection under the law. Discrimination is explicitly prohibited.
Section 6 – Freedom of Religion
Guarantees religious freedom and prohibits government interference with religious belief or practice.
Section 7 – Freedom of Speech, Expression, and Press
Strong protections for freedom of speech, including the right to publish freely.
Section 10 – Right of Privacy
Montana is one of the few states with an explicit constitutional right to privacy, enforceable by law.
Section 17 – Due Process of Law
No person shall be deprived of life, liberty, or property without due process.
Section 22 – Right to Bear Arms
Citizens have the right to keep and bear arms.
Section 23 – Civilian Control of the Military
Military authority must be subordinate to civil authority.
Section 24 – Rights of the Accused
Guarantees rights in criminal prosecutions, including a speedy trial, counsel, and to confront witnesses.
Section 25 – Self-Incrimination and Double Jeopardy
Protects individuals from being forced to testify against themselves and from double jeopardy.
Section 28 – Criminal Justice Reform
Emphasizes rehabilitation and prevention in the correctional system.
Section 33 – Rights Not Enumerated
Protects rights not specifically listed in the constitution.
Section 34 – Unalienable Right to a Clean and Healthful Environment
Unique among state constitutions: guarantees Montanans a constitutional right to a clean and healthful environment.
✅ Purpose:
Montana’s Declaration of Rights is broad, progressive, and strongly protective of individual liberties. It goes beyond the federal Bill of Rights in some areas, especially in privacy and environmental rights.
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