House Joint Resolution No. [insert number] asserts that the responsibility to interpret and uphold the Constitution is equally shared among the legislative, executive, and judicial branches of government in Montana. The resolution challenges the long-held belief that the courts have exclusive authority to determine the constitutionality of laws, referencing the 1803 case of Marbury v. Madison. It argues that this interpretation is a myth and emphasizes that all branches have a coequal duty to maintain fidelity to the Constitution, thereby rejecting the notion that any one branch can bind the others with its decisions.

The resolution further states that it is contrary to the principles of separation of powers and checks and balances to grant any single branch the exclusive power to define what the law is. It underscores that while the legislative and executive branches should respect judicial opinions, they also have a legitimate role in assessing the constitutionality of statutes and decisions. The resolution concludes by directing the Secretary of State to distribute copies of this resolution to various state and federal officials, reinforcing the message of shared constitutional responsibility.