Right to Carry in Montana’s Constitution  |  HB551

HB551 would propose to amend Montana’s Constitution by declaring that it is the “right of any person to keep and bear arms” [emphasis added] and removing the restrictive clause regarding the carrying of concealed weapons.

The House failed to pass HB551 on May 2, 2023, by a less than two-thirds vote of 62 to 34. We have assigned pluses to the yeas because the Second Amendment to the U.S. Constitution guarantees that the right of the American people “to keep and bear arms, shall not be infringed.”   

Right to Carry in Montana’s Constitution  |  HB551

HB551 would propose to amend Montana’s Constitution by declaring that it is the “right of any person to keep and bear arms” [emphasis added] and removing the restrictive clause regarding the carrying of concealed weapons.

The Senate passed HB551 on April 26, 2023, by a vote of 33 to 17. We have assigned pluses to the yeas because the Second Amendment to the U.S. Constitution guarantees that the right of the American people “to keep and bear arms, shall not be infringed.”   

Resolution on Marbury v. Madison  |  SJ15

SJ15 resolves that “the belief that the court has exclusive authority to interpret the constitution and that its decisions are binding on the other two branches is a myth based on a faulty understanding” of the U.S. Supreme Court’s opinion in Marbury v. Madison.

The House failed to pass SJ15 on April 12, 2023, by a vote of 44 to 55. We have assigned pluses to the yeas because judges are not the sole interpreters of the law or the ultimate authorities on constitutional questions. Article VI, Clause 3, of the U.S. Constitution notably requires that all federal and state officials be duty-bound by oath to support the Constitution. This is part of the Constitution’s elaborate system of checks and balances, which provides for both federalism and a separation of powers. Each mutually independent branch of government at every level, therefore, has a co-equal role in maintaining fidelity to the Constitution, including opposing any violations by the others.

Prohibiting Ranked-Choice Voting  |  HB598

HB598 prohibits a ranked-choice voting method from being used to determine the election or nomination of a candidate to a local, state, or federal office.

The Senate passed HB598 on April 5, 2023, by vote of 27 to 23. We have assigned pluses to the yeas because all attempts to enact ranked-choice voting should be opposed. This complicated, multiple-round, and unconstitutional method weakens election integrity by allowing a candidate to potentially win without genuine support from a plurality of voters. The scheme’s ballot casting requirements undermine each citizen’s right to vote and could deny them from being able to select the one and only candidate of their choice.

“Sheriffs First” Bill  |  HB604

HB604 would require federal employees to obtain the county sheriff’s written permission prior to making an “arrest, search, or seizure” in the state, with exceptions, and would also invalidate any federal law purporting to give federal employees the authority of a county sheriff.    

The House failed to pass HB604 on March 2, 2023, by a vote of 32 to 68. We have assigned pluses to the yeas because upholding the authority of local law enforcement is a basic premise of self-government under the U.S. Constitution’s federal system, which decentralizes power and protects state sovereignty. The 10^th Amendment makes it explicit that any power not delegated to the federal government nor prohibited to the States by the Constitution is “reserved to the States respectively, or to the people.”

Resolution on Marbury v. Madison  |  SJ15

SJ15 resolves that “the belief that the court has exclusive authority to interpret the constitution and that its decisions are binding on the other two branches is a myth based on a faulty understanding” of the U.S. Supreme Court’s opinion in Marbury v. Madison.

The Senate passed SJ15 on March 2, 2023, by a vote of 28 to 22. We have assigned pluses to the yeas because judges are not the sole interpreters of the law or the ultimate authorities on constitutional questions. Article VI, Clause 3, of the U.S. Constitution notably requires that all federal and state officials be duty-bound by oath to support the Constitution. This is part of the Constitution’s elaborate system of checks and balances, which provides for both federalism and a separation of powers. Each mutually independent branch of government at every level, therefore, has a co-equal role in maintaining fidelity to the Constitution, including opposing any violations by the others.

Defend the Guard Act  |  HB527

HB527 would prevent any member of the Montana National Guard from being deployed for active duty combat without Congress passing an “official declaration of war” or taking an  “official action” otherwise pursuant to the U.S. Constitution to “execute the laws of the country, repel an invasion, or suppress an insurrection.”     

The House failed to pass HB527 on March 2, 2023, by a vote of 40 to 60. We have assigned pluses to the yeas because Article I, Section 8, of the U.S. Constitution expressly asserts that “Congress,” not the President, “shall have power…to provide for the common defence.” Only Congress—as explained and limited by succeeding Clauses 11, 12, and 15—is granted the specified powers to “declare war,” “raise and support Armies,” and “provide for calling forth the Militia.”

“Electronic Money” in the Uniform Commercial Code  |  SB370

SB370 would have, prior to being amended by the House, adopted a new definition of “electronic money” in the Uniform Commercial Code.

The Senate passed the original version of SB370 on March 2, 2023, by a vote of 31 to 19. We have assigned pluses to the nays because this bill initially included a disturbing change to the definition of money that would have ended free-market-based cryptocurrencies and paved the way for an exclusively government-controlled Central Bank Digital Currency—presenting a significant danger to Americans’ civil liberties. The power to “coin money,” let alone authorize or adopt the use of “electronic money,” is among the powers denied to the States in Article 1, Section 10, of the U.S. Constitution.

Prohibiting Ranked-Choice Voting  |  HB598

HB598 prohibits a ranked-choice voting method from being used to determine the election or nomination of a candidate to a local, state, or federal office.

The House passed HB598 on March 2, 2023, by vote of 56 to 43. We have assigned pluses to the yeas because all attempts to enact ranked-choice voting should be opposed. This complicated, multiple-round, and unconstitutional method weakens election integrity by allowing a candidate to potentially win without genuine support from a plurality of voters. The scheme’s ballot casting requirements undermine each citizen’s right to vote and could deny them from being able to select the one and only candidate of their choice.

Article V Convention: Balanced Budget Amendment  |  HJ13

HJ13 would apply to Congress for a “convention of the states” under Article V of the U.S. Constitution for the “sole purpose” of proposing a federal balanced budget amendment (BBA).

The House failed to pass HJ13 on March 1, 2023, by a vote of 29 to 70. We have assigned pluses to the nays because efforts to call an Article V convention should be resisted. The States should act immediately to nullify all unconstitutional federal laws, rather than risk a constitutional convention. Simply following the U.S. Constitution’s limitations on federal power would more than balance the budget, whereas a BBA would have significant loopholes allowing for continued excessive spending. Article V was designed to correct potential errors or defects in the Constitution, not the failure of elected officials to uphold their oath of office.

Article V Convention: Constitutional Amendments  |  SJ2

SJ2 would apply to Congress for a “convention of the states” under Article V of the U.S. Constitution “limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”

The Senate failed to pass SJ2 on February 1, 2023, by a vote of 25 to 25. We have assigned pluses to the nays because efforts to call an Article V convention should be resisted. The States should act immediately to nullify all unconstitutional federal laws, rather than risk a constitutional convention. Article V of the U.S. Constitution was designed to correct potential errors or defects in the Constitution, not the failure of elected officials to uphold their oath of office.

No Right to Abortion  |  SB154

SB154 clarifies that the right of individual privacy, as referenced in the Constitution or laws of Montana, “does not create, and may not be construed as creating or recognizing, a right to abortion or to governmental funding of abortion.”

The Senate passed SB154 on January 26, 2023, by a vote of 28 to 21. We have assigned pluses to the yeas because Montana should act to ban abortion and secure the right to life for all persons. The right to life is the most fundamental, God-given, and unalienable right asserted in the Declaration of Independence and guaranteed by the 5th and 14th Amendments to the U.S. Constitution.

Parental Rights  |  SB400

SB400 provides that if a parent prevails in a judicial proceeding against a governmental entity for violating their parental fundamental rights, the parent is entitled to attorney fees and costs paid by the governmental entity.

The Montana State Senate passed SB400 on April 27, 2021 by a vote of 30 to 20. We have assigned pluses to the ayes because the upbringing, education, health care, and mental health of children belongs to — and is a fundamental right of — parents, not any governmental body. Parental rights, as with all other fundamental rights, freedoms, privileges, or immunities of American citizens (including children), are protected by the Bill of Rights and the 14th Amendment of the U.S. Constitution.

Religious Freedom  |  SB172

SB172 provides that in the event of a disaster or state of emergency, discriminatory action by the government is prohibited and it ensures that religious services are an essential service for the welfare of the people of the state.

The Montana State Senate passed SB172 on April 23, 2021 by a vote of 31 to 19. We have assigned the pluses to the ayes because no law shall prohibit free exercise of religion and the right to peacefully assemble.  These rights are protected by both the Bill of Rights and the 14th Amendment to the U.S. Constitution and no situation or event in the United States shall lead to the suspension of those rights.

Voter ID  |  SB169

SB169 requires a Montana driver’s license, Montana state ID or Social Security card to register to vote.  If an applicant is unable to provide any of these forms of identification, individuals will need to provide some other form of photo ID and another form of identification that shows proof of residence.

The Montana State Senate passed SB169 on March 31, 2021 by a vote of 31 to 18. We have assigned pluses to the ayes because strengthening our voter ID and election registration laws are crucial in the preservation of our election process and election integrity. Article IV, Section 2, of the U.S. Constitution provides that “citizens” of the United States “shall be entitled to all privileges and immunities,” such as the “right of citizens of the United States” to vote as prescribed in the 26th Amendment. It would be an infringement on our rights to allow any ineligible elector to vote.

State’s Rights  |  SB277

SB277 requires a review of presidential executive orders by Montana’s Attorney General relating to certain subjects that the state’s legislative council and Attorney General determine to be unconstitutional. The state or other forms of government in the state may not implement an executive order that the Attorney General deems unconstitutional.

The Montana State Senate passed SB277 on March 1, 2021 by a vote of 31 to 19. We have assigned the pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply. Additionally, the checks and balances our Founding Fathers put in place are essential to the survival of constitutionalism in our Country.

Article V – Con Con  |  SJ2

SJ2 applies to Congress, under the provisions of Article V of the U.S. Constitution, to call for a “Convention of the States limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”

The Montana State Senate voted down SJ2 on February 10, 2021 by a vote of 24 to 26. We have assigned pluses to the nays because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Notably, Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. SJ2 should be opposed in favor of less risky, more precise, and immediate solutions that would restore power back to the states and to the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of specific unauthorized federal laws.

Concealed Carry Expansion  |  HB102

HB102 expands the ability of individuals to provide for their own defense by reducing or eliminating government mandated locations where citizens are prevented from exercising their right to defend themselves. Additionally, this law now allows for Concealed Carry in places such as financial institutions and universities. Board of regents and university system employees are prohibited from creating rules or regulation that infringe on a person’s right to keep and bear arms.

The Montana State Senate passed HB102 on February 3, 2021 by a vote of 29 to 21. We have assigned the pluses to the ayes because the fundamental right of the American people to keep and bear arms is protected by the U.S. Constitution, particularly in the 2nd, 9th, and 10th Amendments, and should not be infringed.

Emergency Orders  |  HB257

HB257 prohibits emergency orders from restricting the ability of private business to conduct business. It also limits local governments or health officers from certain actions such as issuing fines or revoking licenses, which restricts private business and potentially deters customers.

The Montana State House of Representatives passed HB257 on April 29, 2021 by a vote of 68 to 31. We have assigned pluses to the ayes because businesses should not have to comply with draconian orders to shut down businesses during a pandemic or any other emergency by an unelected health officer or health board. Businesses and individual consumers have the freedom to conduct business and to buy products without the government meddling in their affairs. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” and government interference in entrepreneurship and private business is in violation of that belief.

Vaccination Discrimination  |  HB702

HB702 prohibits employers from inquiring about the vaccination status of their employees. Under this law, it is discriminatory for a person or governmental entity to deny someone of local or state services, health care services, or employment opportunities based on an individual’s vaccination status or if an individual has an immunity passport. However, a healthcare facility may still request an employee to volunteer their vaccination status for the intention of determining accommodation measures to protect the health and safety of their employees and patients, but an individual is still not required to provide that information.

The Montana State House of Representatives passed HB702 on April 28, 2021 by a vote of 64 to 32.  We have assigned pluses to the ayes because an individual’s personal health care decisions should not be the object of government, nor be under its federal, state, or local jurisdictions in the United States. Forcing an individual to produce their vaccination status would be a violation of their fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Voter Registration  |  HB176

HB176 closes late voter registration at noon the day before the election. Since 2005, Montana has had same day late registration and under the previous state law, an individual could register or change voter registration information prior to the close of the polls on election day. 

The Montana State House of Representatives passed HB176 on March 30, 2021 by a vote of 65 to 35. We have assigned pluses to the ayes because same day registration is a threat to election integrity.  Clerks and election officials need more time on election day to focus on the validity of their voter rolls.  Same day registration opens the door for errors and illegitimate electors, which compromises the sacredness and integrity of our vote.  This will reduce wait times at the polls for proven legal voters. The 15^th amendment guarantees the “right of citizens of the United States to vote” and ending same day registration can help election officials verify who should and should not be voting in our elections.

Nullification  |  HB570

HB570 prohibits infringement of Montana’s constitutional right to nullify any federal statute, mandate, or executive order that may be considered unconstitutional.

The Montana State House of Representatives failed to pass HB570 on March 2, 2021 by a vote of 47 to 52. We have assigned the pluses to the ayes because under article VI of the U.S. Constitution, the Constitution is the supreme law of the land and every state is bound by oath to support it. Ultimately, states have a duty to nullify any infringements by the federal government and Article 1, Section 8, of the Constitution gives congress specific powers and if there are violations of those powers, then states have a right to not comply.

Health Board Accountability  |  HB121

HB121 ensures that local health boards are held more accountable to elected officials such as city councils or county boards by approving, denying, or amending rules or regulations proposed by unelected health boards.

The Montana State House of Representatives passed HB121 on March 1, 2021 by a vote of 68 to 31. We have assigned the pluses to the ayes because a non-elected bureaucratic local health board should not have the authority to shut down or regulate businesses and churches. Our founding fathers believed that checks and balances in government are essential to keeping our elected officials in check with the Constitution to prevent any unconstitutional government overreach.

Gun Rights – Nullification  |  HB258

HB258 prohibits enforcement of unconstitutional federal bans or regulations on firearms, magazines, ammunition or firearm accessories. Peace officers, state employees, or governing bodies are prohibited from allocating funds or using any other means of assistance in the enforcement of an unconstitutional federal ban.

The Montana State House of Representatives passed HB258 on February 27, 2021 by a vote of 66 to 33. We have assigned the pluses to the ayes because the fundamental right of the American people to keep and bear arms is protected by the U.S. Constitution, particularly in the 2nd, 9th, and 10th Amendments, and should not be infringed. Furthermore, under Article VI of the U.S. Constitution, states have a duty to nullify infringements by the federal government.