Montana's Constitutional Convention Overview

Jul 31, 2024

Montana Constitutional Convention (1971-72)

Personal Reflection:

  • 1971-72: Key formative experience in Hollywood and New York publishing.
  • Participation in constitutional process in Montana.
  • Senator Leo Metcalf: Best thing you ever did.

Context & Background:

  • 1970s: Jet age, rapid change.
  • Montana citizens: Determined to write a new constitution.
  • Midwinter 1972: 100 grassroots delegates and young staff.

The Convention:

  • Location: Former mining town of Last Chance Gulch.
  • Objective: Rewrite nearly century-old state constitution.
  • Duration: Two months.
  • Outcome: Unanimous signing by delegates (Republicans, Democrats, Independents).

Key Themes:

  • Legacy: Impact on generations of Montanans.
  • Opening Sentence: 55-word sentence highlighting Montana’s beauty and values.
  • Support: Montana Committee for the Humanities, Greater Montana Foundation, University of Montana, Friends of Montana PBS.

National Attention:

  • Time Magazine: Jesse Birnbaum’s assignment to cover Montana’s constitutional efforts.

Montana's Unique Character:

  • Viriginal landscape, rugged individualism, exclusive group feeling.
  • Small population shaped by natural forces, reflecting Montana character.

Constitution as a Guideline:

  • Purpose: Foundational agreement for civil society.
  • Importance: Acts like a “Trump suit” in conflicts with laws/rules.

Montana Constitution's Impact:

  • Sunshine Laws: Open government.
  • Native American Heritage: Recognition and protection.
  • Declaration of Rights: Stronger than federal Bill of Rights (privacy, equality, environment).
  • Approval: Passed by voters narrowly.

Delegates:

  • Composition: Ranchers, farmers, businessmen, professors, ministers, attorneys, housewives, educators.
  • Age: Oldest - Lucille Speer, 73; Youngest - May Nan Robinson, 24.
  • Ignorance: Lack of previous constitution-writing experience.

Non-Politicians:

  • Participation: Limited to ordinary citizens; no public office holders.
  • Spirit: People’s crusade for reform.

Leadership:

  • Key Figures: Leo Graybill Jr. (President), Dale Harris (Staff Leader).
  • Preparation: Two years of groundwork; comprehensive research.
  • Staff: Best and brightest young people from Montana.

Committees & Debates:

  • Procedural & Substantive Committees: Handled major issues such as Bill of Rights, Legislative structure, Education, Natural Resources.
  • Natural Resources: Environmental debates; “clean and healthful environment” clause.
  • Bill of Rights: Groundbreaking provisions like privacy, equality, dignity.

Women's Contributions:

  • Representation: 19 women delegates.
  • Key Contributions: Preamble draft, rights discussions.

Post-Convention:

  • Final Signing: All 100 delegates signed the constitution.
  • Vote: June 6 – Constitution passed narrowly.
  • Supreme Court: Challenge defeated; constitution officially ratified.

Legacy:

  • Reunions: Delegates gather annually; 30th reunion in 2002.
  • Reflection: Constitution seen as enduring document reflecting Montana’s values.