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MT HJ14

Joint Resolution

Status

Failed

5/20/2025

Primary Sponsor

Lee Deming

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Montana House Joint Resolution 14 declares that all three branches of government (legislative, executive, and judicial) have equal responsibility to interpret the constitution, rejecting the notion that courts have exclusive authority over constitutional interpretation

  • Asserts that Marbury v. Madison (1803) has been misinterpreted by courts and law schools, and that the case never stated judicial decisions are "final and binding" on other branches of government

  • Characterizes the Montana Supreme Court's statements in Brown v. Gianforte (2021) and McLaughlin v. Montana State Legislature (2021) regarding judicial supremacy as based on a "myth" and "faulty understanding"

  • Contends that court opinions repugnant to the constitution are void, just as laws repugnant to the constitution are void

  • Directs the Secretary of State to distribute the resolution to the Montana Supreme Court, all district courts, the Governor, Attorney General, county attorneys, state agency heads, all state legislatures, the U.S. Supreme Court, and federal courts in Montana

Legislative Description

Resolution on Marbury v. Madison

Judges and Justices

Last Action

(H) Died in Process

5/20/2025

Committee Referrals

Judiciary2/10/2025

Full Bill Text

No bill text available