House Joint Resolution No. introduced by L. Deming and B. Ler 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 interpret the law. It underscores that while the opinions of the courts should be respected, the legislative and executive branches also have a vital role in assessing the constitutionality of statutes and decisions. Additionally, it clarifies that changes to the Constitution are the prerogative of the people, not solely the responsibility of governors, courts, or legislators. The Secretary of State is directed to disseminate this resolution to various state and federal officials, including the Montana Supreme Court and the United States Supreme Court.