Montana courts would face limits on blocking state laws

Montana courts would be barred from declaring a law unenforceable for anyone outside the case. The restriction would limit rulings that a law cannot be enforced against particular people to the parties involved in the case. Courts also could not change a law’s effective date before the law takes effect. If enacted, these restrictions would take effect on passage and approval.

Montana’s Board of Regents and Board of Public Education would enforce state laws within their areas of responsibility. These rules would cover the boards overseeing Montana’s university system, public schools, and other public educational institutions assigned to them by law. Neither board’s constitutional oversight duties would allow it to override state laws. Both boards would have to protect rights under the U.S. and Montana constitutions in areas they control and carry out laws protecting those rights. If enacted, these rules would take effect on passage and approval.

Each branch of Montana’s state government would be barred from exercising powers assigned to the other branches. The rules would cover Montana’s legislature, executive branch, and courts. Lawmakers could not pass laws that conflict with the Montana Constitution. Executive officials and courts would be limited to powers allowed by the Montana Constitution and state law. If enacted, these rules would take effect on passage and approval.