Montana 'states' rights' resolution fails on tie vote

HELENA – A resolution that would either assert Montana’s sovereignty or sow “seeds of secession” died on a 50-50 vote in the House Wednesday after lengthy debate.

House Resolution 3, sponsored by Rep. Michael More, R-Gallatin Gateway, declares that Montana is not completely submissive to the will of the federal government and has the right to declare any federal law that impinges state-granted liberties unconstitutional.

“This is a debate that has been a long time coming,” More said. The resolution may be labeled as “right wing extremism,” but it really deals with states' rights versus federal laws, he said, adding that secession is not the goal, but neither is it out of the question.

Supporters of the resolution, which is a declarative letter to Congress and not a law, said it is merely telling the federal government to “be good” and remember Montana has state rights.

Rep. Krayton Kerns, R-Laurel, said though the resolution does not imply that Montana will secede from the union, there is always the possibility.

“(Secession) is the big stick in the room that we have to occasionally display,” Kerns said. “This resolution is a shot over the bow.”

Rep. Ed Butcher, R-Winifred, said this resolution would be a response to what he called the rapidly increasing overreaching of central government.

However, opponents said the resolution's anti-government language clearly paves a pathway for secession.

Rep. Mike Menahan, D-Helena, said the resolution echoed the complaint list of the Declaration of Independence.

“Do we not concede to federal authority by being American?” Menahan asked. “If this isn’t the groundwork for secession, I don’t know what is.”

In jest, House Speaker Bob Bergren offered an amendment to the resolution that said if Montana is no longer a part of the United States it can seek admission as a Canadian province. He withdrew the amendment before anyone could speak on it, but said that if the House passes a resolution about seceding from the federal government, they should have options elsewhere.

Lawmakers in other states have heard similar resolutions. The so-called "Tenth Amendment Movement" has supporting organizations in 26 states, including Montana.

-by CNS correspondent Molly Priddy