The surreptitious invasion of the Judicial branch
Before entering upon the duties of his or her office, a legislator “shall,” according to Article III of the Montana Constitution, solemnly swear to faithfully support, protect and defend the constitutions of Montana and the United States of America.
Taking that oath is infinitely more than a ceremonial ritual. It’s a mandatory precondition to assuming office. It’s also, simultaneously, the making of a public promise and an affirmation of a sacred vow, to be bound, above all else, to the preservation of the public good and the faithful execution of the duties assigned by the Constitution.
Our union exists as a creation of our national and state constitutions. Constructed by the framers and then approved by a vote of the people, each of those constitutions became a social contract defining the precise terms of the agreement entered into by a free people and their government.
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