LC 895 Legislature · 2025 Regular Session

Resolution on Marbury v. Madison

This joint resolution asserts that the legislative, executive, and judicial branches of Montana government share equal responsibility to interpret and uphold the Constitution, rejecting the notion that courts have exclusive authority over constitutional interpretation. It clarifies that the 1803 Supreme Court case Marbury v. Madison does not establish judicial finality over other branches, arguing instead that all government officials have a coequal duty to ensure laws and decisions align with constitutional principles. The resolution directs the Secretary of State to distribute copies to state and federal courts, the governor, attorney general, and other government officials to promote this understanding of constitutional interpretation.
Bill status introduced 1 of 4 stages cleared
Introduction
Nov 2024
Committee Review
Floor Vote
Governor
Introduced Nov 6, 2024 Last action Feb 6, 2025
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