Restoring Montana values.

When you hear that term, your ears should perk up. This phrase isn’t folksy nostalgia; it’s shorthand for something else. It’s Republican code. It’s an old trick. Take one of grandpa’s old slogans and use it to mean something else. Usually something vile. Something about 50 or 100 years past its sell-by date.

Republicans like to talk about restoring “Montana values.” It’s like they are promising to bring back nickel candy. They aren’t. It sounds harmless, even virtuous. Let’s be clear: It isn’t.

So, what does “Restoring Montana Values” mean today in Republican speak?  It means a never-ending stream of unconstitutional laws intended to deny certain groups of Montana citizens their constitutional rights. But, they won’t say that out loud. These laws are consistently unconstitutional. And, here’s the subterfuge – Republicans blame our nonpartisan judges. Not the legislature. Not the governor. Not the unconstitutional laws. Just the judges.

Republicans continue to adopt laws that violate basic freedoms under our Constitution. There is a pattern. Our courts find these bills to be unconstitutional. So, Republicans claim that the problem is woke, out-of-control, radical, liberal judges. (Whew! It’s hard to fit all that outrage into one sentence.)  They blame all of the world’s problems on the judicial branch. What Republicans are doing is making “Montana Values” a campaign slogan for something sinister. It’s an attack on the independence of our judicial branch.

Republicans have a “solution.” Restore “Montana Values” by getting rid of our nonpartisan judges. Make judicial elections red team vs. blue team. Not more justice. Just more bad politics.

To be clear – when the legislature knowingly passes bills that violate the Constitution, and our judges find them unconstitutional – that has nothing to do with politics. That is the role of judges. It’s called judicial review. It dates back to the U.S. Supreme Court decision in 1803 in Marbury vs. Madison.

Republicans have gone so far as to attack Chief Justice John Marshall (and the unanimous court). They claim that the Supreme Court got it wrong. Courts do not have the power to find legislative actions unconstitutional. They are trying to erase 223 years of legal precedent.

State Sen. Tom McGillvary from Billings is a high priest in the “Blame the Woke Judges Order.” He has lectured on why the Supreme Court got it wrong in Marbury vs. Madison. I am sure that McGillvary prayed about it, but it might have helped if he had gone to law school and actually studied the Constitution. Bold. Or, just dishonest.  You get to decide.

Republicans’ attack on judicial review just doesn’t ring true. It’s like proclaiming that the person with the fewest points is the winner of the Scrabble game. You can smell that argument; it isn’t perfume.

Blaming judges for doing their jobs. That is the antithesis of Montana values.

The real issue is why Republicans want to deny people their constitutional rights. Could there be anything more inconsistent with Montana values than that? Our Constitution is the foundation of our law. It is the social contract between the people of our great state. Our Constitution isn’t just the law; it’s how we treat each other; how we value every person; and how we respect the rights of all people. Violating our Constitution is totally inconsistent with Montana Values.

Montana has a libertarian streak. Independence is a good thing. You don’t have to agree with me or even like me for us to get along and be good neighbors. People get to believe what they believe and pretty much do what they want, so long as they don’t hurt someone. But, there is a line. You can’t deny people their Constitutional rights. That is over the line.

If Republicans want to restore Montana values: Easy. All they have to do is honor and follow the Montana Constitution.

In 1972, 100 Montana citizens crafted our Constitution. Delegates sat in alphabetical order, not by party. Pragmatism bent party loyalty to build a consensus. It’s not a Republican constitution or a Democratic constitution. It isn’t woke or fascist. It’s ours. Eighty-nine out of 100 delegates approved. Montana citizens –not Republicans; not Democrats.  Montanans.

And then, in June of 1972, Montana citizens voted to approve the new Constitution. It holds our values.

Republicans want to deny some Montana citizens their Constitutional rights.

 Well?  That’s not Montana values.