Panel discusses state constitution

 

March 23, 2023

Annie Wooden

Former Governor Marc Racicot addresses community members during Sunday's forum at the Paradise Center.

More than 100 people attended a forum on Sunday to hear about Montana's Constitution. The forum was hosted by the Sanders County Democrats but was open to the public. Republicans and Democrats alike from across the county were at The Paradise Center on Sunday to listen to members of both parties speak about the state constitution.

Mae Nan Ellingson was one of the 100 delegates who helped write the 1972 Montana Constitution. Ellingson helped draft the proposal that would become the preamble to the state constitution. "There are only nine of us 100 left," she said of the original delegates who met in Helena to draft the document. Ellingson discussed why a constitution is needed and the history of the state's constitution. In 1969, Montana voters approved a constitution convention by a margin of 65% for and 35% against. Ellingson noted that current legislators could not run as delegates, which she thinks opened the door for women to be delegates for the constitutional convention. "There was a huge cross section of people writing the constitution," she said. The oldest delegate was 73 and Ellingson was the youngest at 24. "After the very first day, we decided we weren't going to operate on a partisan basis, and that made all the difference. We had the ability to compromise and treat each other as equals," she added.

Ellingson said the delegates made it easy to amend the Constitution and provided that every 20 years the voters will decide whether or not to have a constitutional convention. The next time that will be on the general election ballot will be in 2030.

The 1972 delegates had 60 days to draft the document before voters decided to accept it on June 6 of that year. The constitution passed by just 2,532 votes, with 116,415 Montana voters approving it and 113,883 against it. Since the constitution was voted on in 1972, there have been 50 amendments brought before voters, and 29 of those have passed. By comparison, Ellingson said that 61 constitutional amendments are proposed in the 2023 session.

Daniel Kemmis is an author and a former Mayor of Missoula and former speaker of the House of the state. "The constitution is far more important than to be one more round in the culture wars ... we have become accustomed to," Kemmis told the crowd on Sunday, encouraging them to "think about how fierce the division has become in our state. I want us to think of the constitution as an instrument where people who hold different views still attempt to govern themselves." Kemmis noted that the legislature can't amend the constitution, only the people can. "Your being here reinforces our pride in Montana and our constitution," he said. Kemmis added that what's significant about Montana's constitution is that it set forth fundamental rights. "Without these we are not people of Montana."

Former Governor Marc Racicot also spoke to the community members at the Paradise Center on Sunday, and he was inspired by the number of people. "Here we are, from so many walks of life, and we have chosen to be together to talk about a matter we believe is important, by choice. This is a striking example of living in liberty." Racicot said that democracy is fragile and that it literally is a contract between all. "This gathering alone is a reflection that we believe in that notion."

Annie Wooden

Mae Nan Ellingson (above) was one of the 100 delegates at the 1972 constitutional convention in Helena.

Racicot was born in Thompson Falls and shared how excited he was when the city got a pool in the 1950s. He shared that journalist Walter Cronkite was the most respected man at that time. "In the last few years, there is something remarkably different we need to pay attention to," he noted as he discussed amending the constitution. "We need to be very cautious and concerned when we are relaxed about amending the constitution. We'd better be certain we are in favor of changes before we go forward and experiment with change." He encouraged the crowd to look upon the state constitution as something sacred that is not to be treated with anything other than respect. He said discussion and engagement is needed now. "This is the time for constitutional vigilance" and stressed that the constitution should remain fundamental. "At the end of the day, our democracy is suffering. Once we get to a point that we don't trust each other and we don't trust our institution and we don't love our constitution, we are on the verge of falling apart."

All three panel members are members of Friends of the Montana's Constitution, a nonprofit organization that "celebrates and supports the Montana Constitution and the people, processes and places that helped to create it fifty years ago in 1972," according to its website. The group has been part of several events across the state similar to Sunday's event in Sanders County. For more information, visit https://montana

constitution.org.

 

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