Compact between Montana and US

[Paul_in_Qatar]

I was reading The Montana GOP platform and it refers to a compact (a treaty) between the US and Montana at the time of its entry into the United States.

The platform says that the compact includes clauses about the right of people to bear arms.

OK, fine, Texas has one of those too, so off to Google I go. I get darn little there was such a compact, but Wikipedia does not mention it, and Google gives me court cases that mention it, but not the document itself.

Any have the text?

and

Is such a thing the basis of law in any way?

[Captain_Amazing]

You’re misunderstanding, I think. The “Compact” they’re talking about is the Constitution. What the Montana resolution argued was that when Montana became a state in 1889, there was an understanding that the Second, Ninth, and Tenth Amendments meant something, and they agreed to become a state under that understanding, so, if you adapt a different interpretation of what those amendments mean, the US would have violated the compact entered into when Montana became a state.

The Montana Constitution also refers to a “compact” with the government, but that doesn’t refer to guns. That’s referring to the enabling act setting Montana up as a state and Montana Ordinance 1, which guaranteed religious freedom, surrendered any rights by the state to Indian lands, guaranteed that land owned by non-Montanans couldn’t be taxed higher than land owned by Montanans, assumed the territorial debt, and set up a public school system. But that “compact” is different than the compact referred to in the treaty.

From the text of a recent proposed Montana gun rights bill, which might help clear up their thinking:

Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 6] is the following:

 (1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

 (2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

 (3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

 (4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

 (5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

[Paul_in_Qatar]

Ah! I see, good old-fashioned Frontier Gibberish. I am just happy the children are here today to hear …
Thank you.