This post makes available documents related to adoption of the 1972 Montana Constitution—including the convention that drafted the document, the ensuing ratification campaign, and the lawsuit arising out of the disputed ratification referendum.
This post is under construction. We are currently working on adding more than 1000 newspaper reports published during the March 24 – June 6 ratification debates.
— Rob Natelson
Pre-Convention Documents
Montana Enabling Act: This 1889 congressional law authorized Montana, Washington, and North and South Dakota to organize as states.
Proclamation of Admission by President Benjamin Harrison (1889)
Editor’s note: The 1972 convention transcripts (below) reproduce the state legislative enabling act—that is, the law authorizing the convention.
Proposed 1884 Constitution (unadopted)
Proceedings of the 1889 Constitutional Convention
1889 Constitution as ratified (without amendments)
Editor’s note: Like other late 19th century Western state constitutions, the 1889 Montana document followed the general form of the 1849 California Constitution. However in substance, it largely copied the far more detailed 1876 Colorado Constitution.
Report of the Montana Constitution Revision Commission (MSU Bozeman) (In this document, the legislatively-created commission makes for the case for a new, more liberal constitution.)
Papers of the Montana Constitutional Convention Commission
Editor’s Note: The Constitutional Convention Commission (not to be confused with the earlier Constitutional Revision Commission) was created to provide convention delegates with background information. All of its publications we could find are collected below. They reflect the commission’s view that Montana should adopt a “liberal” constitution giving government more power rather than a restrictive charter of the kind typical of neighboring states. For example, Paper #5’s selection of model constitutions includes those of Alaska, Hawaii, Michigan, New Jersey and Puerto Rico, but excludes the constitutions of all states bordering Montana or located in the Rocky Mountain West.
The first three items listed below are incomplete.
Excerpts from studies (incomplete)
Constitutional Convention Memos (incomplete)
Enabling Act (incomplete)
Paper #1: 1884 Montana Constitution
Paper #2: 1889 Constitutional Convention Enabling Act
Paper #3: Montana Territory Organic Act
Paper #4 – unavailable
Paper #5: Comparison of the Montana Constitution with the Constitutions of Selected Other States
Paper #6: Legislative Council Report on the Montana Constitution
Paper #7: Constitutional Provisions Proposed by Constitution Revision Commission Subcommittees
Constitutional Convention Documents (Nov. 29 – Dec. 1, 1971; Jan. 17, 1972 – Mar. 24, 1972)
Verbatim Transcripts: Volume 1 Volume 2 Volume 3 Volume 4 Volume 5 Volume 6 Volume 7
Commentary During the Convention—Outside of Newspapers
Gerald Nealy’s ConCon Newsletter (Feb. 8, 1972) (Neely’s reports are fairly objective, although he later opposed the constitution.)
Gerald Nealy’s ConCon Newsletter (Mar. 10, 1972)
Francis Rummel, Dean, UM School of Education, convention speech or essay (undated) (pro convention)
Montana Taxpayer, Feb. 11, 1972 (newsletter) (“wait and see”)
Montana Taxpayer, Apr. 12, 1972 (newsletter) (generally anti)
Time Magazine report on convention, Feb. 11, 1972 (pro)
J.C. Garlington, Response to Criticism of draft constitution, May 12, 1972 (pro)
J. C. Garlington, “Tools for Tomorrow,” Speech at Seminar for Elected Officials, State Capitol, Helena, May 13, 1972 (pro)
The Convention’s Proposed Constitution
Ratification-Era Documents (March 24, 1972 – June 6, 1972
Newspaper Articles: (over 1000 clippings to be added)
Pamphlets and Flyers:
Official Voter Information pamphlet (officially neutral)
“Roeder Insert” (pro) (publicly-financed newspaper supplement largely written by convention delegate and MSU Prof. Richard Roeder)
AFL-CIO flyer (pro)
Citizens for Constitutional Government pamphlet (anti)
Farm Bureau pamphlet (anti)
Unsigned points (pro)
Gallatin Citizens Corp pamphlet (pro)
Gerald J. Neely, A Critical Look: Montana’s New Constitution (generally objective, although Neely later opposed the constitution)
Chamber of Commerce flyer (pro and con)
Gallatin Voice (reports citizen comments, pro and con)
Post-Ratification Documents
Article: Ellis Waldron, Dir. of Gov’t Research, Univ. of Montana, Montana’s 1972 Constitutional Election (June, 1972) (summarizes election results).
Governor Forrest Anderson’s Proclamation: When the Secretary of State refused to declare the constitution ratified because of the unclear referendum results, Governor Forrest Anderson did so: (1) Governor’s Formal Proclamation of Ratification (50 pages), (2) Governor’s accompanying press release.
Cashmore v. Anderson: Case Challenging the Ratification Referendum
Editor’s note: Dr. William F. Cashmore and the Farm Bureau’s Stanley C. Burger challenged the ratification referendum on the grounds that, while there may have been more “yes” notes than “no” votes on the constitution question (no recount was held), the “yes” votes did not reach the constitutionally-specified minimum.
Documents in the First Submission (combined into one PDF file—LARGE)
Documents on Rehearing (combined into one PDF file)
Law Review Article: Robert G. Natelson, Constitutional Coup? The Case that Promulgated a New Constitution for Montana, 7 Brit. J. Am. Legal Stud. 319 (2018).