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MT HJ14
Joint Resolution
Status
5/20/2025
Primary Sponsor
Lee Deming
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AI Summary
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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
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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
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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"
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Contends that court opinions repugnant to the constitution are void, just as laws repugnant to the constitution are void
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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