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Montana Constitution Roadshow Comes to Townsend
Author: MT43 News Reporter

MT43 News Reporter

The Montana Constitution may not seem like a great read. Rylee Sommers-Flanagan made the document jump off the pages Saturday at the Methodist Church in a presentation to excite and interest people about the vote coming in 2030.

Sommers-Flanagan, founder and executive director of Upper 7 Law, weaved her way through the finer points of the 1972 guide to protecting our rights as she laid out our responsibilities for running our government. She asked questions, and she gave the 22 people in attendance roles to play. She rewarded people for their quick, correct responses to Montana history and civic knowledge.

Sommers-Flanagan began by pointing out that the Montana Constitution cannot contradict the federal Constitution, the supreme law of the land, but our Constitution does give us the right to self-determination. The states are “laboratories of democracy” in that we can decide on elements such as voter rights. Our society responds to changes through individual choice defined in art, language, science, medicine and technology. However, our Constitution cannot be changed easily to meet those needs. So, the rule is: a change in the Constitution must be passed by 50% of the voting population. It is designed not to be efficient, but to be fair.

Sommers-Flanagan delved into some of the colorful history of Montana’s government. Originally, only those who were tax-paying landowners could vote, which meant women and Native Americans were left out. Women received the vote in 1914 in Montana. Native Americans did not receive the right to vote until 1975, when voter eligibility laws changed. She also related how Butte copper mine owners W.A. Clark, Marcus Daly and F. Augustus Heinze ran our government. The Copper Kings were integral to the formation of our original Constitution, ratified in 1889. The owners of the Anaconda Copper Company who succeeded Clark, Daly and Heinze, ran the state’s political and economic life in Montana with influence over the legislature and ownership of Montana’s newspapers for 80 years.

Finally, in 1969, a few government organizers formed a group of 4 people from each branch of government – the legislative senate and house, the supreme court and the governor’s office- to write a bill asking the voters whether they wanted to decide on a new constitution. The vote was 65 per cent in favor of forming a new document.

One hundred people were selected to form the new constitution. They were both Democrats and Republicans. There were no restrictions for acting as a delegate except the delegate could not hold office in other capacities. Of those 100, 19 were women. No Native Americans were represented.

One very significant element of the gathering is that they sat alphabetically, not by party affiliation. Historians feel that design encouraged the delegates to build a consensus. They wrote the document in 54 days. It was ratified by Montana voters on June 6, 1972.

The Montana Constitution is now followed by many other states as a well-designed model that meets the needs of the individual as well as the state. The document comes up for review by the voters every twenty years. Between now and then, she said, people will have time to read, digest and discuss what changes, if any, voters want to make in this valuable document.

Sommers-Flanagan ended her presentation by pointing out that Democracy takes work. “The people must participate. In 2030, we will be asked on the ballot to vote whether we want to change our constitution or keep it as it is,” she said.

To date, Sommers-Flanagan has presented the Montana Constitution roadshow 117 times across Montana from Eureka to Ekalaka and Glendive to Superior.

Upper 7 Law is a nonprofit, nonpartisan law firm that operates in the realm of constitutional law in Montana.

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PhotoCredit: Nancy Marks, MT43 News Photographer
Image 1 Caption: Speaker Rylee Sommers-Flanagan discusses the Montana Constitution with from left: Bob Brastrup, Sherry Brastrup, Jim Beck and Debi Randolph at the Constitution Roadshow. Nancy Marks, MT43 News Photographer
Image 2 Caption: Rylee Sommers-Flanagan with her Constitution Roadshow Presentation. Nancy Marks, MT43 News Photographer