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Section 13. Militia. (1) The governor is commander-in-chief of the militia forces of the state, except when they are in the actual service of the United States. He may call out any part or all of the forces to aid in the execution of the laws, suppress insurrection, repel invasion, or protect life and property in natural disasters. (2) The militia forces shall consist of all able-bodied citizens of the state except those exempted by law.Mont. Const. art. VI § 13 (1972.)

History

Sources

1884 Constitution: Article XI Military Affairs, Sec. 1-The militia of the State of Montana shall consist of all able-bodied male citizens of the State between the age of eighteen (18) and forty-five (45) years, except such persons as may be exempted by the laws of the State or of the United States. Sec. 2-The Legislative Assembly shall provide by law for the organization, equipment,and discipline of the militia. The organization shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States. Sec. 3- The Legislative Assembly shall provide by law for maintaining the militia by appropriations from the treasury of the State. Sec. 4- The Legislative Assembly shall provide by law for the safe keeping of the public arms, military records, relics, and banners of the State. Sec. 5-When the Governor shall, with the consent of the Legislative Assembly, be out of the State in time of war, at the head of any military force thereof, he shall continue as Commander-in-Chief of all the military forces of the State.

1889 Constitution: Article XIV Military Affairs, Sec. 1-The militia of the State of Montana shall consist of all able- bodied male citizens of the state between the ages of eighteen (18) and forty-five (45) years inclusive, except such persons as may be, exempted by the laws of the State or of the United States. Sec. 2-The Legislative Assembly shall provide by law for the organization, equipment, and discipline of the militia, and shall make rules and regulations for the government of the same. The organization shall conform as nearly as practicable to the regulations for the government of the armies of the United States. Sec. 3-The Legislative Assembly shall provide by law for maintaining the militia, by appropriations from the treasury of the State. Sec. 4- The Legislative Assembly shall provide by law for the safe keeping of the pnblic arms, military record's, relics and banners of the State. Sec. 5-When the Governor shall, with the consent of the Legislative Assembly, be out of the State in time of war, at the head of any military force thereof, he shall continue as Commander-in-Chief of all the military forces of the State.

Drafting

The Executive Committee of the Montana Constitutional Convention transmitted its proposal for the new executive article to the convention on February 16, 1972.Montana Constitutional Convention, Vol. I, Executive Committee Proposal, 432. The proposal deleted Article XIV of the 1889 Montana Constitution and incorporated the provisions regarding the militia into the newly organized executive article, Article VI. The proposal deleted the 1889 Article II which dealt with "military reservations" like Fort Missoula and folded the 1889 Article XIV into a subsection of the proposed Article VI because as the committee recognized "military affairs" no longer had the same significance in 1972 as it had in "frontier times."Montana Constitutional Convention, Vol. I, Executive Committee Proposal, 453. The committee chose to delete the sections from the 1889 document which stated that the legislature would be responsible for making laws to fund and maintain the militia. The committee, after consultation with the Legislative Committee, explained that those subsection served "no useful purpose" except redundancy because the legislature is clearly empowered to enact measures related to the militia as needed.Id.The Executive Committee Proposal additionally eliminated the age and sex specifications from the 1889 constitution because the committee membership included "daring, forward-looking ladies who foresee the time when their sex will be liberated to equal responsibility for the safety of our state in time of trouble."Id. at 454.

The proposed changes to the militia provisions of the constitution were addressed on February 25, 1972 when Delegate Joyce spoke on behalf of the Executive Committee and reported to the convention. Delegate Joyce explained that the proposed changes were intended to modernize and streamline Article XIV of the 1889 constitution. Delegate Joyce explained the removal of the age restrictions and once more referenced the "charming ladies" on his committee who had graciously volunteered all of the women of Montana for militia service.4 Verbatim Transcript (February 25, 1972), 965. Delegate Lorello offered an amendment which would add the "protection of life and property" in the event of a disaster to duties of the state militia.Id. Delegate Lorello's reasoning was consistent with the committe's theme of modernization, for he explained that the militia could be useful in responding to forest fires and floods and not just repelling invasion. Delegate Harper rose to question what the point of keeping the militia was if it was no longer needed as it may have been earlier in Montana's history.Id. Delegate Joyce responded that the committee chose to keep the militia provision in its proposed executive article as a precaution should there ever be a crisis where the police force and national guard cannot adequately protect the state and citizens of Montana.

On March 4, 1972, the Committee on Style and Drafting submitted its revisions to the proposed executive article to the convention in a report.Montana Constitutional Convention, Vol. II, Style and Drafting Committee Report (March 4, 1972), 891. Delegate Schlitz presented the Style and Drafting Committee's revisions to the proposed executive article to the commission on March 8, 1972.5 Verbatim Transcript (March 8, 1972), 1705. During the report from the Style and Drafting Committee on March 8th, the militia section was renumbered as section thirteen instead of twelve. The convention voted on the proposed militia section including Delegate Lorello's amendment on March 10. 1972. There were 83 votes in favor and 12 against.6 Verbatim Transcript (March 10, 1972), 1944.

Ratification

The addition of the protection of property in the event of a natural disaster and the removal of sex and age restrictions for militia service were not major points of debate and division amongst citizens or commentators in advance of the June 1972 ratification vote.

Interpretation

There have been no significant case interpretations of the Sec. 13, Art. VI of the 1972 Montana Constitution nor were there of Article XIV of the 1889 Montana Constitution.