By Lillian Poulsen, Digital Organizer
Montana’s Constitution, like many constitutions, begins with a preamble. Ours establishes that we desire “to improve the quality of life, equality of opportunity, and to secure the blessings of liberty for this and future generations” of Montanans.
Our constitution protects many important rights, including the right to a clean and healthful environment, privacy and dignity, and land for Indigenous people. Montana’s courts follow and uphold this constitution as they make decisions.
Montana’s Constitution has been amended 38 times. Most recently, it was amended in 2025 to include the protection of bodily autonomy for pregnant people.
Our Rights
Montana has a lot of heavy protections that many other state constitutions don’t have.
Article II, Section 3 establishes many of our inalienable rights, including the right to a clean and healthful environment. Section 9 requires government transparency, allowing people to examine documents or observe the deliberations of the government. Section 10 protects our right to privacy, which states this right can’t be violated without a “compelling state interest.”
Many parts of the Constitution protect Montana’s air, water, and public lands. Article IX states that it is the responsibility of the Montana legislature to protect our natural resources from degradation and depletion. Article XI, Section 1 says each Montanan has a responsibility to “maintain and improve” the environment.
Another important part of the Montana Constitution is protecting the rights of Indigenous Montanans to their land, established by the U.S. government. It’s so important to our state that it is mentioned in the preamble and throughout the rest of the document.
Amendments
In 1904, voters approved two constitutional amendments related to labor reform. One prohibited the employment of children under 16 in underground mines. While the other created an eight-hour workday in mills, smelters, mines, and government employment.
In 1906, Montana adopted an initiative and referendum amendment that allowed the people to make decisions for the first time, instead of keeping it within the hands of the legislature. In 2002, Montana adopted two amendments that required initiated constitutional amendment petitions to receive 10% of qualified electors in at least half of Montana’s counties and initiated statutes to receive 5%.
In 1972, the current Montana Constitution was adopted and ratified. It replaced the statehood constitution that we established in 1889 when Montana became a state.
In 1992, Montana voters ratified an amendment to implement term limits, meaning public officials can’t seek re-election if they have held the office for eight years in any 16-year period.
In 2004, the right to harvest wild fish and game was adopted as an amendment, stating that it’s “a heritage that shall forever be preserved” for Montanans.
In 2022, Montanans established the requirement of a warrant to access electronic data and communications, protecting these belongings from unreasonable search and seizure.
In 2025, Montanans voted to include a right to abortion to our constitution: Article II, Section 36. It protects the rights of pregnant people to make decisions about their bodies, leaving medical choices up to health care professionals and their patients.
Influence in other states
Other states have referenced our constitution to establish provisions and make changes to their laws.
In 2021, New York became the third state to approve an environmental constitutional amendment, protecting their citizens’ access to a clean and healthful environment. Hawai’i has also adopted something similar in Article XI, Section 9 of their constitution. A green amendment was introduced in 12 other states, with many failing.
Hawai’i enacted a law modeled off the Montana Plan, I-194, an initiative that will appear on the ballot in November. This aims to limit the amount of money spent on and keep corporations out of our elections. The Montana Plan wouldn’t become part of our constitution, but it’s an initiative that could affect Montana law.
2026 Election
There are two constitutional amendments by initiative that will appear on the ballot during the midterm election.
Montanans for Nonpartisan Courts, CI-132, states that Montana would keep its elections separate from political party bias. Nonpartisan means not supported or controlled by a political party or special interest group. The initiative is in response to the Republican-led legislature’s efforts to pass laws that would make judicial elections partisan. Keeping courts nonpartisan means our judges will act in our best interest based on the constitution and state law, rather than just voting based on party politics.
Montanans Decide, CI-133, is the ballot initiative to protect ballot initiatives, and would add the right to initiate ballot initiatives to Montana’s Declaration of Rights, Article II of the Constitution. The act would guarantee impartial, predictable, open, and timely processes for ballot issues. It requires the state to allow time for signature gathering, prohibits disqualification of petitions because of minor or technical issues, and allows voters to withdraw their signatures if they so choose.
Make your voice heard and vote yes for these amendments on November 3.
We the people
Montana’s constitution is vital for protecting our rights as Montanans. Without it, the government would have complete control over our privacy, our environment, and our bodies. They could make decisions that harm us, force us to give up our dignity, take away our freedom of speech, and more.
As Montanans, we are lucky to have a constitution that protects us from the government in many ways that citizens in other states aren’t protected. Notably, our right to a clean and healthful environment forces the government to inform us about fossil fuel policies and protect our water rights.
You can protect our constitutional rights by voting for politicians and initiatives that protect our state. Tell your friends about the importance of understanding the Montana Constitution and remind them what’s at stake in our elections. Give a shit about the upcoming midterm election by registering to vote.
Our constitution wouldn’t exist without Montanans fighting to protect our rights.