Jonah Patel
Montana's first constitution was written in 1866 at the state's first Constitutional Convention, held in Helena and presided over by Acting Territorial Governor Thomas Francis Meagher. However, the document was lost before it could be printed and voted on, so it never went into effect.
| Characteristics | Values |
|---|---|
| Year of first Constitutional Convention | 1866 |
| Host city of first Constitutional Convention | Helena |
| Date of first constitution | 1884 |
| Date of second constitution | 1889 |
| Date of current constitution | 1972 |
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What You'll Learn
Montana's first constitution was written in 1866
The current Montana Constitution, the second in the state's history, was adopted in 1972. It provides for the self-governance of the state and establishes and defines the powers of the three branches of the Montana government, as well as the rights of its citizens.
The first constitution for Montana was lost, and a second was written and ratified in 1884. However, due to political reasons, Congress did not take any action to approve Montana's admission to the Union, and this document never attained legal force.
In 1889, Congress passed an enabling act that finally permitted the people of Montana to be admitted to the Union after adopting and ratifying a constitution. The third constitution for the incipient state was written and ratified later that year.
In 1967, the Legislature commissioned a report to determine if the 1889 Constitution was still adequately serving the people of Montana. The report concluded that only 48% of the sections in the 1889 Constitution were adequate, and so the 1969 Legislature appointed a Constitutional Revision Commission and called for a referendum on holding a constitutional convention. More than 65% of Montana voters approved the call for a Constitutional Convention in November 1970, and 100 delegates were elected to the Convention in November 1971. The delegates met for 54 days, signing the proposed constitution on March 24, 1972. The citizens of Montana ratified the document on June 6, 1972, and it took effect on July 1, 1973.
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It was lost before it could be printed or voted on
The Montana Territory was established by the United States Congress on May 26, 1864. Two years later, in 1866, Acting Territorial Governor Thomas Francis Meagher presided over Montana's inaugural Constitutional Convention in Helena. Notably, this gathering was not held in the territorial capital of Virginia City. During this six-day convention, Montana's first constitution was drafted with the intention of paving the way for statehood. Unfortunately, this historic document was lost en route to the printer and never recovered. As a result, it was never presented to the people of Montana for a vote.
The loss of the original constitution created a unique challenge for the territory. Without a printed copy or a ratified document, the path to statehood seemed more distant and uncertain. It was a significant setback, as the constitution was meant to be a foundational document that outlined the rights and governance of the people of Montana. With the first constitution lost, the territory had to start from scratch, convening new meetings, and engaging in further discussions to draft a replacement.
The task of writing a constitution from scratch was arduous and time-consuming. It required careful consideration and collaboration among leaders and representatives. The process involved convening meetings, drafting proposals, and engaging in debates to ensure that the document accurately reflected the values and aspirations of the people of Montana. It was a complex and delicate task, as the constitution would serve as the framework for the state's governance and the protection of its citizens' rights.
Despite the initial setback, the people of Montana remained committed to achieving statehood and securing self-governance. The loss of the first constitution only served as a motivation to persist in their efforts. Leaders and citizens alike recognised the importance of having a constitution that represented their values and established their rights and responsibilities as a state. This shared goal united the community and fostered a sense of resilience in the face of adversity.
The creation of a constitution is a pivotal moment in the history of any state, and Montana's experience underscores the significance of this endeavour. While the loss of the first constitution was unfortunate, it also served as a reminder of the value of perseverance and the importance of a robust and well-defined legal framework. The people of Montana demonstrated their resilience and dedication to establishing a constitution that would ultimately shape their future.
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A second constitution was written in 1884
Montana's first constitution was written in 1866, two years after the Montana Territory was organised by the United States Congress. However, this document was lost before it could be printed and voted on. A second constitution was written in 1884, but it was never legally enforced due to political reasons.
The second constitution of Montana was written and ratified in 1884. This constitution was drafted at the Constitutional Convention held in Helena, Montana, from January 14 to February 9, 1884. Unfortunately, due to political reasons, Congress took no action to approve Montana's admission to the Union, and this document never attained legal force.
The 1884 constitution was intended to govern the territory of Montana and establish a framework for its governance. It likely outlined the rights and responsibilities of the citizens of Montana and defined the structure and powers of its territorial government. However, without approval from Congress, Montana could not attain statehood, and the 1884 constitution did not have the intended legal authority.
Despite the lack of congressional approval, the 1884 constitution represented an important step towards statehood for Montana. It demonstrated the territory's readiness for self-governance and served as a foundation for future constitutional developments. The document also reflected the values and aspirations of the people of Montana at the time, including their desire for self-determination and a more defined governmental structure.
Montana's journey towards statehood and constitutional development continued beyond 1884. In 1889, Congress passed an enabling act that finally permitted Montana's admission to the Union. This led to the writing and ratification of a third constitution for the state later that year. The 1889 constitution served as the foundational legal document for the State of Montana until 1972, when a new constitution was adopted to better meet the evolving needs of the state and its citizens.
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This was never approved by Congress
The first constitution intended for Montana's statehood was written in 1866, two years after the Montana Territory was organised by the United States Congress. However, this document was lost on its way to the printer and, therefore, never subject to a vote. A second constitution was written and ratified in 1884, but Congress failed to take any action to approve Montana's admission to the Union, meaning this document also never attained legal force.
The 1884 constitution was never approved by Congress due to political reasons. Montana's statehood was not recognised, and the document consequently lacked legal force. This situation persisted until 1889, when Congress passed an enabling act that finally permitted the people of Montana to be admitted to the Union after adopting and ratifying a constitution.
The third constitution for the incipient state of Montana was written and ratified in 1889. This constitution was approved by Congress, and Montana was officially admitted to the Union on November 8, 1889. The 1889 constitution served as the legal framework for the state of Montana for nearly a century. However, in 1967, the reconstituted Legislature commissioned a report to evaluate the continued effectiveness of the 1889 constitution. The report concluded that just 48% of the sections in the 1889 Constitution were adequate and did not "present a major obstacle to effective government."
As a result of the report's findings, the 1969 Legislature appointed a Constitutional Revision Commission and called for a referendum on a constitutional convention. In November 1970, over sixty-five percent of Montana voters approved the call for a Constitutional Convention. A new constitution was adopted by the 100 delegates to the convention on March 22, 1972, and ratified by the citizens of Montana on June 6, 1972. All but the legislative apportionment provisions of the 1972 Constitution took effect on July 1, 1973.
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The third constitution was ratified in 1889
The first constitution intended for Montana's statehood was written in 1866. However, it was lost on its way to the printer and never made it to a vote. A second constitution was written and ratified in 1884, but Congress failed to take any action to approve Montana's admission to the Union.
Finally, in 1889, Congress passed an enabling act that permitted the people of Montana to be admitted to the Union after adopting and ratifying a constitution. The third constitution for the incipient state was written and ratified later that year. The 1889 Constitution was amended through the 1966 General Election, and Montana was admitted to the Union on November 8, 1889.
In 1967, the Legislature commissioned a report to determine if the 1889 Constitution was still adequately serving the needs of the people. The Legislative Council Report concluded that just 48% of the sections in the 1889 Constitution were adequate. This led to the appointment of a Constitutional Revision Commission and a referendum on calling a constitutional convention, which was approved by more than 65% of Montana voters in November 1970.
A new constitution was adopted by 100 delegates to the convention on March 22, 1972, and ratified by the people on June 6, 1972. All but the legislative apportionment provisions of the 1972 Constitution took effect on July 1, 1973.
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Frequently asked questions
Montana's first constitution was written in 1866.
No, the 1866 constitution was lost on its way to the printer, so it was never subject to a vote.
Montana's second constitution was written in 1884.
The second constitution was ratified in 1884, but Congress did not approve Montana's admission to the Union, so it never attained legal force.
