By Susan Byorth Fox, Friends of the Montana Constitution
First Published in the Missoulian on April 18, 2026
A major mission of Friends of the Montana Constitution is to educate Montanans about their fine 1972 Constitution leading up to their vote in 2030 on the possibility of calling another constitutional convention. As provided in the 1972 Constitution, such a vote occurs every 20 years.
In both 1990 and 2010, the people said “no” to a call for a constitutional convention.
One of the reasons Montanans have resisted calling another Constitutional Convention, is that a convention puts every word of the Constitution — every empowerment, every protection — on the chopping block. Montanans are well aware that they can amend their Constitution — make necessary changes — two other ways that target specific changes when needed: by referral from the Legislature or by ballot initiative petitions that come from the people.
Our Constitution has been amended that way for the last 54 years since it was adopted in 1972. Over those 54 years, we have adopted 37 amendments to Montana’s Constitution, firmly establishing that amending the Constitution is possible when desired by the people.
Since 1972 Montanans have amended 12 of the 14 articles of the Constitution. In fact, 11 of those 12 articles have been amended more than once. Using the amendment process, our Constitution has proven up to the task of addressing new issues or societal change in a timely manner.
In our Declaration of Rights (Article II), the most recent amendment (2024) is a new section on the right to make decisions about pregnancy. The next most recent was a new issue — the inclusion of electronic data under the section protecting us from unreasonable search and seizure (2022). Section 14 (Adult Rights) has been amended three times: in 1978 to set the drinking age to 19 from 18; in 1986, to provide for more flexibility by allowing the legislature or the people to decide the drinking age (later placed at 21); and in 2020, adding a reference to marijuana.
A new section to Article IV (Suffrage & Elections) was added in 1992 instituting term limits which aff ect the statewide offices of the legislature, governor and Lt. governor, secretary of state, state auditor, attorney general and superintendent of public instruction. Although the amendment, when passed, also included members of the U.S. Congress, that part was determined to be federally illegal as a violation of the U.S. Constitution.
Legislative Article V provides an interesting glimpse into the rapidity of amending the Constitution when Montanans have an issue and see the need for change. After 83 years of the legislature meeting only once every two years, the 1972 Constitution provided for annual sessions, including that legislation could continue from the first to second year in a biennia. But after holding annual sessions in 1973 and 1974, Montanans promptly, by constitutional initiative in the 1974 election, amended the Constitution to return to biennial sessions (meeting once every two years — Montana is one of only four states doing that).
The Amendment of the Constitution by initiative (Article XIV, sec. 9) has itself been amended twice — the most recent needed to conform to a federal court order concerning the number of qualified electors (Art. III, sec. 7) needed to sign a petition for an initiative to amend the Constitution. It currently requires 10% of the qualified electors in each of two fifths of the legislative districts — instead of the county-based calculation which was determined to be a violation of the federal equal protection clause.
The history of Montana’s 1972 Constitution and those 37 constitutional amendments that have kept us up to date is most interesting. For more information follow Friends of the Montana Constitution at montanaconstitution.org.
Susan Byorth Fox is chair and board member of Friends of the Montana Constitution. Before retirement in 2022, she served for 33 years as a staff member of Montana’s Legislative Services Division, including 16 years as Executive Director.
Download a chart listing all Montana Constitutional Ballot Issues from 1972 to 2024. (7 page PDF)