The “Armed Persons” Snafu in the Montana Constitution
This provision of the Montana Constitution, like many others, is simply unclear.
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Another reason for a new Montana state constitution: The current one likely was never ratified
When I first head that the constitution might never have been ratified, I thought it was conspiracy theory stuff. But when investigated, the claim proved to have some merit.
Justice Gorsuch’s Take on the Major Questions Doctrine
The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.
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Does the Constitution require a declaration of war for President Trump to maintain his Iran offensive?
When the Constitution was adopted, international law required declarations only for offensive, not defensive, conflicts.
A state constitutional convention could restore the constitution Montanans ratified
The best way to defend the constitution is not to dig in one’s heels to protect an inaccurate and distorted version.
A state constitutional convention could restore the constitution Montanans ratified Read More »