2021 Montana Legislature

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_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

 

A BILL FOR AN ACT ENTITLED: "AN ACT clarifying that a court may not change or alter the will of the supreme power of the state."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

NEW SECTION. Section 1. Court role -- prohibition on alteration of law. In a case or controversy before a court, the court may review the constitutionality of a law, but it may not change or alter law, which is the will of the supreme power of the state as provided in 1-1-101, expressed in the constitution and statutes as provided by 1-1-102. A court may not insert into law what has been omitted or omit what has been inserted, as provided by 1-2-101."

 

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 3, chapter 1, part 1, and the provisions of Title 3, chapter 1, part 1, apply to [section 1].