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 of Marbury v. Madison, which is often cited as establishing the courts' exclusive authority to determine the constitutionality of laws. The resolution argues that this interpretation is a myth and emphasizes that no single branch has the exclusive power to bind its decisions on the others, thereby reinforcing the principles of separation of powers and checks and balances.

The resolution further states that while the courts' opinions should be respected, the legislative and executive branches also have a vital role in assessing the constitutionality of statutes and decisions. It underscores that changes to the Constitution should be determined by the people rather than any individual branch of government. Additionally, the Secretary of State is directed to distribute copies of this resolution to various state and federal officials, including the Montana Supreme Court and the United States Supreme Court, to communicate this stance on constitutional interpretation.