Held vs. Montana
“This is unconstitutional” has become a frequently used phrase intended to subvert the logic and rational understanding of the Montana Constitution.
When improperly applied, it perverts the intended checks and balances of our three-branch state government system. If a person, group, or political party doesn’t like the political content of an issue, they cry “unconstitutional.”
This takes our process of state government that was intended be a matter of adjudication and inappropriately inserts politics. An egregious example is current Montana supreme court candidate, Jerry Lynch who stated at a December fundraiser, “The judiciary is the last bastion against a supermajority, so to speak. And you know what I’m talking about.” (montanafreepress.org)
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