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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. “What is important is that what has been asserted for 200 years is based on a misinterpretation of the opinion in that case,” Deming said, arguing historical examples show other branches have long asserted interpretive authority.
Representative Millett, speaking in support, described judicial review and then cautioned against what she called the doctrine of judicial supremacy, saying it “places one branch of government in positions of power to shape policies bypassing the will of elected representatives” and can erode accountability.
A different representative spoke in opposition, saying courts are passive institutions that act only when litigants bring claims and that judicial review protects minority rights. That opponent cited Brown v. Board of Education as an example of courts overturning unjust laws and said the resolution risked undermining the judiciary's role in protecting constitutional rights.
Deming replied, acknowledging disagreement over the proper scope of judicial power and listing historical cases that, in his view, illustrate the danger of a judiciary that claims exclusive authority. He urged members to vote green on the resolution.
After debate, the House voted on the committee recommendation to pass the resolution on second reading. The clerk recorded 45 votes in favor and 55 opposed; House Joint Resolution 14 failed to pass second reading.
