                            CONSTITUTION OF THE 
                              STATE OF MONTANA
                            (As ratified to 1972)

                                 PREAMBLE

   We  the  people  of Montana grateful to God for the quiet  beauty  of  our 
state, the grandeur of our mountains, the vastness of our rolling plains, and 
desiring  to  improve  the quality of life,  equality of opportunity  and  to 
secure the blessings of liberty for this and future generations do ordain and 
establish this constitution.

                                ARTICLE II

                          DECLARATION OF RIGHTS

Section  1.    All political power is vested in and derived from the  people. 
All  government  of right originates with the people,  is founded upon  their 
will only, and is instituted solely for the good of the whole.

Section 2.   The people have the exclusive right of governing themselves as a 
free,  sovereign,  and  independent  state.  They  may alter or  abolish  the 
constitution and form of government whenever they deem it necessary.

Section  3.    All persons are born free and have certain inalienable rights. 
They include the right to a clean and healthful environment and the rights of 
pursuing  life's  basic necessities,  enjoying and defending their lives  and 
liberties, acquiring, possessing and  protecting property,  and seeking their 
safety,  health  and happiness in all lawful ways.  In enjoying these rights, 
all persons recognize corresponding responsibilities.

Section 4.   The dignity of the human being is inviolable. No person shall be 
denied  the equal protection of the laws.  Neither the state nor any  person, 
firm,  corporation,  or  institution shall discriminate against any person in 
the exercise of his civil or political rights on account of race, color, sex, 
culture, social origin or condition, or political or religious ideas.

Section  5.    The  state  shall make no law respecting an  establishment  of 
religion or prohibiting the free exercise thereof.

Section 6.   The people shall have the right peaceably to assemble,  petition 
for redress or peaceably protest governmental action.

Section  7.    No  law  shall be passed impairing the freedom  of  speech  or 
expression.  Every  person shall be free to speak or publish whatever he will 
on any subject, being responsible for all abuse of that liberty. In all suits 
and  prosecutions  for  libel or slander the truth thereof may  be  given  in 
evidence; and the jury, under the direction of the court, shall determine the 
law and the facts.

Section 8.   The public has a right to expect governmental agencies to afford 
such  reasonable  opportunity for citizens participation in the operation  of 
the agencies prior to the final decision as may be provided by law.

Section 9.   No person shall be deprived of the right to examine documents or 
to  observe  the  deliberations  of all public bodies or  agencies  of  state 
government  and  its  subdivisions,  except in cases in which the  demand  of 
individual privacy clearly exceeds the merits of public disclosure.

Section  10.   The right of individual privacy is essential to the well-being 
of  a  free  society  and shall not be infringed without  the  showing  of  a 
compelling state interest.

Section  11.   The people shall be secure in their  houses,  persons,  papers 
homes  and  effects from unreasonable searches and seizures.  No  warrant  to 
search any place, or seize any person or thing shall issue without describing 
the  place  to be searched or the person or thing to be  seized,  or  without 
probable cause, supported by oath or affirmation reduced to writing.

Section  12.   The right of any person to keep or bear arms in defense of his 
own  home,  person,  and property,  or in aid of the civil power when thereto 
legally  summoned,  shall  not  be called in  question,  but  nothing  herein 
contained shall be held to permit the carrying of concealed weapons.

Section  13.   All elections shall be free and open,  and no power,  civil or 
military,  shall  at  any time interfere to prevent the free exercise of  the 
right to suffrage.

Section 14.  A person 18 years of age or older is an adult for all purposes.

Section 15.   The rights of persons under 18 years of age shall include,  but 
not  be  limited  to,  all  the fundamental rights  of  this  Article  unless 
specifically precluded by laws which enhance the protection of such persons.

Section  16.   Courts  of justice shall be open to every person,  and  speedy 
remedy afforded for every injury of person, property, or character. No person 
shall  be  deprived  of  this  full legal  redress  for  injury  incurred  in 
employment  for  which  another  person may be liable  except  as  to  fellow 
employees and his immediate employer who hired him if such immediate employer 
provides coverage under the Workmen's Compensation Laws of this state.  Right 
and justice shall be administered without sale, denial, or delay.

Section  17.   No  person shall be deprived of  life,  liberty,  or  property 
without due process of law.

Section  18.   The  state,  counties,  cities,  towns,  and all  other  local 
governmental entities shall have no immunity from suit for injury to a person 
or  property.  This  provision shall apply only to causes of  action  arising 
after July 1, 1973.

Section  19.   The  privilege  of the writ of habeas corpus  shall  never  be 
suspended.

Section  20.   (1)  Criminal  offenses within the jurisdiction of  any  court 
inferior to the district court shall be prosecuted by complaint. All criminal 
actions in district court, except those on appeal, shall be prosecuted either 
by  information,  after  examination and commitment by a magistrate or  after 
leave  granted  by  the court,  or by indictment  without  such  examination, 
commitment  or leave.(2)  A grand jury shall consist of eleven  persons,  of 
whom eight must concur to find an indictment. A grand jury shall be drawn and  
summoned only at the discretion and order of the district judge.

Section 21.  All persons shall be bailable by sufficient sureties, except for 
capital offenses, when the proof is evident or the presumption great.

Section  22.   Excessive  bail  shall not be  required,  or  excessive  fines 
imposed, or cruel and unusual punishments inflicted.

Section  23.   No person shall be imprisoned for the purpose of securing  his 
testimony in any criminal proceeding longer than may be necessary in order to 
take  his deposition.  If he can give security for his appearance at the time 
of  trial,  he  shall be discharged upon giving the same;  if he cannot  give 
security, his deposition shall be taken in the manner prescribed by law,  and 
in  the  presence,  if  they  shall  fail to  attend  the  examination  after 
reasonable notice of the time and place thereof.

Section 24.  In all criminal prosecutions the accused shall have the right to 
appear  in  person  and by counsel;  to demand the nature and  cause  of  the 
accusation;  to meet the witnesses against him face to face;  to have process 
to  compel  the attendance of witnesses in his behalf,  and a  speedy  public 
trial  by an impartial jury of the county or district in which the offense is 
alleged  to have been committed,  subject to the right of the state to have a 
change  of venue for any of the causes for which the defendant may obtain the 
same.

Section  25.   No  person shall be compelled to testify against himself in  a 
criminal  proceeding.  No person shall be again put in jeopardy for the  same 
offense previously tried in any jurisdiction.

Section  26.   The right of trial by jury is secured to all and shall  remain 
inviolate.  But  upon  default  of appearance or by consent  of  the  parties 
expressed  in  such  manner as the law may provide,  all cases may  be  tried 
without a jury or before fewer than the number of jurors provided by law.  In 
all civil actions, two-thirds of the jury may render a verdict, and a verdict 
so  rendered  shall  have the same force and effect as if all  had  concurred 
therein. In all criminal actions, the verdict shall be unanimous.

Section  27.   No  person shall be imprisoned for debt except in  the  manner 
provided by law, upon refusal to deliver up his estate for the benefit of his 
creditors, or in cases of tort, where there is strong presumption of fraud.

Section  28.   Laws  for  the punishment for crime shall be  founded  on  the 
principles  of  prevention  and  reformation.  Full rights  are  restored  by 
termination of state supervision for any offense against the state.

Section  29.   Private property shall not be taken or damaged for public  use 
without  just  compensation to the full extent of the loss having been  first 
made  to or paid into court for the owner.  In the event of litigation,  just 
compensation  shall include necessary expenses of litigation to be awarded by 
the court when the private property owner prevails.

Section  30.   Treason  against the State shall consist only in  levying  war 
against  it,  or  adhering to its enemies,  giving them aid and  comfort;  no 
person shall be convicted of treason except on the testimony of two witnesses 
to the same overt act, or on his confession in open court; no person shall be 
attainted of treason or felony by the legislature;  no conviction shall cause 
the loss of property to the relatives or heirs of the convicted.  The estates 
of suicides shall descend or vest as in cases of natural death.

Section  31.   No  ex post facto law nor any law impairing the obligation  of 
contracts, or making any irrevocable grant or special privileges, franchises, 
or immunities, shall be passed by the legislature.

Section  32.   The  military shall always be in strict subordination  to  the 
civil  power;  no  soldier shall in time of peace be quartered in  any  house 
without  the consent of the owner,  nor in time of war,  except in the manner 
prescribed by law.

Section 33.  No armed person or persons or armed body of men shall be brought 
into  this  state for the preservation of the peace,  or the  suppression  of 
domestic violence, except upon the application of the legislature,  or of the 
governor when the legislature cannot be convened.

Section 34.  The enumeration in this constitution of certain rights shall not 
be construed to deny, impair, or disparage others retained by the people.

Section 35.   The people declare that Montana servicemen,  servicewomen,  and 
veterans may be given special considerations determined by the legislature.
