The question of enforcing Montana's Constitutional provision for term limits for federal legislative positions has never been resolved. At a recent meeting, Brad Johnson, Secretary of State, stated that “federal law trumps state law” and that he was not in a position to challenge the Supreme Court decision concerning term limits for federal legislative positions. Term limits are enforced for State elected positions, but not federal.
Montana's Constitutional term limits provision has not been repealed and the State Supreme Court has never ruled on the issue. The tenth amendment to the Federal Constitution reserves to the states those things which are not specifically delegated to the federal government. The Federal Constitution provides for age, citizenship and residence as the qualification for federal legislators. The Federal Constitution also provides that “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof...”. The Montana Constitution complies with the age, residence and citizenship qualifications and, assuming that any additional provisions are not discriminatory, the power to expand on those qualifications is reserved to the people of Montana. The Secretary of State and candidates to federal office take an oath to uphold the Montana Constitution and therefore, they should be governed by its' provisions. At the very least, the candidates should demonstrate that their ethical considerations and allegiance are to the people of Montana and voluntarily comply with term limits. The people of Montana voted for term limits, the candidates should respect that provision and the Secretary of State should enforce Montana's Constitutional mandate.
2 comments:
Test
If Rehberg, as well as Baucus, were really loyal to Montana, they would honor the Montana Constitution and the amendment the PEOPLE instituted. TERM LIMITS! They take an oath of office to protect and obey both the US and Montana Constitutions. But just like with both constitutions, Rehberg and Baucus pick and choose only the parts that benefit their own personal agendas or those of the lobbyists that buy their votes. Lobbyists feel more comfortable with the puppet politicians that took them years to create and manipulate. New blood would mean they would have to start all over again. And what would happen if, perish the thought, the newbie had principles and took his oath seriously!
Time to bring both Rehberg and Baucus home so they can live under the stupid laws they either supported or did nothing meaningful to resist.
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