Montana Law "Article III - GENERAL GOVERNMENT"
Montana Constitution – Article III: General Government
🔹 Overview:
Article III of the Montana Constitution outlines the fundamental principles of governance in the state. It includes general provisions that govern the structure and limits of government authority, emphasizing separation of powers, checks and balances, oaths of office, and initiative and referendum rights of the people.
🔸 Key Sections and Summary:
Section 1 – Separation of powers
Divides the powers of government into legislative, executive, and judicial branches.
Prevents any branch from exercising the powers of another.
Section 2 – Supremacy clause
Establishes that the U.S. Constitution is the supreme law, but also affirms that Montana’s Constitution is supreme within the state unless it conflicts with federal law.
Section 3 – Oath of office
Requires all public officials to take an oath or affirmation to support the federal and state constitutions and to faithfully discharge their duties.
Section 4 – Initiative
Grants the people the power to propose laws by initiative petition.
Requires a certain percentage of voter signatures to place an initiative on the ballot.
Section 5 – Referendum
Allows the people to approve or reject laws passed by the legislature through a referendum vote.
Sets procedures and signature thresholds.
Section 6 – Recall
Provides the right to recall elected officials by petition and special election under conditions of malfeasance or failure to perform duties.
✅ Purpose:
This article reinforces democratic participation, accountability, and the rule of law by defining:
Who governs
How they are chosen
How they can be held accountable
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