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House rejects resolution questioning judicial supremacy; lawmakers debate role of courts
Summary
The House debated and rejected House Joint Resolution 14, which questioned whether Marbury v. Madison created judicial supremacy. Supporters argued for departmentalism; opponents said courts protect minority rights and the rule of law. The resolution failed on second reading, 45‑55.
The House debated House Joint Resolution 14 on March 12, a measure that urged the three branches of Montana government to exercise equal responsibility in interpreting the Constitution and questioned the customary reading of Marbury v. Madison as establishing judicial supremacy.
Representative Deming, the resolution sponsor, said the measure was intended to remind all branches of government of their shared duty to interpret and preserve the Constitution.…
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