By Emily Cross, Published in the Missoulian on March 8, 2025
Fifty-three years ago, Montana underwent a remarkable transformation that left a lasting impact on the state’s political landscape, citizenry, and environment. The catalyst for this change was the 1972 Constitutional Convention (“Con-Con”) – 100 citizen/delegates selected by their fellow Montanans to draft a new state constitution. The Con-Con was a direct response to 75 years of social, economic and political dominance of Montana by the Anaconda Copper Mining Co. (ACM) and its corporate allies. Known as the “Copper Collar,” that corporate dominance had choked Montana with a legislature shrouded in secrecy, a weak Governor heading the executive branch, and partisan judges, sometimes bribed, who most often ruled for the powerful, not the people.
Since 1889, Montana had been governed by a constitution hastily crafted for the purpose of achieving statehood. Nefarious Copper King W.A. Clark chaired Montana’s first Constitutional Convention (all men), later bribing his way to the U.S. Senate through a compliant legislature.
Furthermore, the 1889 Constitution provided Montana citizens no right-to-know or participate or public records access. Indeed, most government business was conducted behind closed doors, fostering widespread corruption and distrust among our citizens. Shielded from public scrutiny, Montana’s system of government under the 1889 Constitution allowed the unscrupulous Copper Kings and then ACM to wield power over elections, legislative decisions, and government appointments, shaping Montana’s laws to secure their business interests at the expense of regular Montanans. Then the federal government openly planned to make eastern Montana a “sacrifice zone” for the nation’s energy needs, threatening to destroy our natural grandeur and ruin agriculture as the cornerstone of our state.
By the late 1960s, the public’s increased frustration and disillusionment with widespread and deeply entrenched government corruption and an outdated relic of a constitution resulted in a legislative study that declared the 1889 Constitution warranted a complete overhaul as opposed to piecemeal amendment. Then, in the November 1970 election, 65% of Montana voters agreed, calling the Con-Con.
The Con-Con was unique, beginning with the fact that elected legislators, judges, and all state and local elected officials were disqualified from serving as delegates – opening the 100 delegate seats to everyday Montanans. Their voices, rather than political elites, would guide the drafting of the state’s new governing document. These delegates were diverse, including farmers, educators, business owners, homemakers, community volunteers, workers, even a beekeeper – regular folks who had long been excluded from a political process dominated by Montana’s corporate interests. Included among 19 women was my grandmother, Louise Jarussi Cross, who chaired the Natural Resources and Agriculture Committee.
Another distinctive feature of the 1972 Con-Con was its seating arrangement. In a striking departure from traditional politics, delegates were seated alphabetically, not by party affiliation, promoting a spirit of cooperation, breaking down partisan divisions. Delegates, regardless of politics, had to work side by side, facilitating dialogue and compromise while creating a constitution for all Montanans. Over the course of the 54-day convention, the delegates – citizens, not Copper Kings – worked tirelessly to draft a constitution that would ensure greater fairness, justice, and opportunity for all Montanans.
The 1972 Constitutional Convention was a watershed moment in our history, when the people took control of their own political destiny. The constitution, ratified by voters, remains in effect today, widely regarded as one of the best in the nation, if not the world. Montana’s Con-Con success serves as a reminder of the power of democracy, when citizens unite for the common good. The delegates proved it is possible to challenge the status quo, dismantle systems of power, greed, and corruption, and build a government that truly serves the people.
Emily Cross is a Billings attorney who also serves as a Board Member of Friends of the Montana Constitution. Originally from Glendive, she is married and the mother of two children. This column is the second in a series on the Montana Constitution produced for this publication by the “Friends” organization.