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 stemming from the 1803 case Marbury v. Madison that the courts have exclusive authority to determine the constitutionality of laws and that their decisions are final and binding on the other branches. It emphasizes that all branches have a coequal duty to maintain fidelity to the Constitution, and it is inappropriate to grant any single branch the exclusive power to define what the law is.

The resolution further states that the notion of judicial exclusivity in constitutional interpretation is a myth and calls for a recognition of the legislative and executive branches' roles in assessing the constitutionality of statutes and decisions. It underscores the importance of checks and balances in government and affirms that changes to the Constitution should be determined by the people rather than any individual branch. Additionally, the resolution directs the Secretary of State to distribute copies to various state and federal officials, including the Montana Supreme Court and the United States Supreme Court.