102 Reasons Why Montana Should be Chosen as the Free State
Making
Government Work-Real Representation
1. Montana has the
country's largest population Congressional district. This means that a
population increase as few
as 10,000 people will
cause Montana to be split into two Congressional districts when redistricting
is done after the
2010 Census, just
about the time we would be ready to run a candidate in a no incumbent race for a federal House
seat, giving us the
best chance of adding to the pool of freedom-loving Congresspeople.
2. At least two
Montana libertarians are currently serving in state government. State Senator
Jerry Neill and State
Representative Joe
Balyeat are both libertarian members of state government, elected on the
Republican ticket.
There are others, as
well, but these two gentlemen spoke at the Grand Western Conference in
Missoula, MT.
3. The current
governor, Judy Martz, enjoys only an 18% approval rating with her constituents.
Becaus e of this, she
is considering not
running for re-election. Currently, there are no Republican prospects to
replace her, leaving a
void in Montana's
Republican party which could possibly be filled by a freedom-loving candidate,
especially with
the help of the FSP.
4. The Montana
Constitution includes the following clause: Section 2. Self-government. The
people have the
exclusive right of
governing themselves as a free, sovereign, and independent state. They may
alter or abolish the
constitution and form
of government whenever they deem it necessary. This makes it clear that power
in
Montana belongs to the
people, who may even abolish the state government as they deem necessary.
5. At least 1% of
Montana's House, and 2% of Montana's Senate, are libertarians NOW, although they
were elected
on the Republican
ticket.
6. Montana has citizen
initiative referenda
7. Montanans can
recall state officeholders.
8.Montana has term
limits. This leaves government seats without incumbents, which will make it
easier to get
freedom-minded people
elected to state office.
9.Montanans can even
change their Constitution by citizen initiative.
10. Montanans can even
use citizen initiative to call a Constitutional Convention.
11. In Montana, the
legislature meets for only 90 days every two years. Both state senators and
state
representatives serve
two-year terms, which means that they are going to stand for re-election after
only one
legislative session.
Therefore, everything they do in every session of the legislature is going to
be scrutinized by
their constituents at
election time. This should have the effect of keeping the wishes of their
constituents
prominent in the mind
of each state senator and state representative.
12.Residency
requirements to be a state senator or state representative in the state of
Montana are easily met, even
for relative newcomers
wishing to run for office. A candidate must be 18 years of age. He must have
lived in
Montana for at least
one year, and lived in the district in which he is running at least six months.
Montana voter
registration law is in
the process of being changed to allow registration at the polls on election
day.
13. For those who are
concerned about ballot fraud, 20 of Montana's 56 counties offer voting by
hand-counted paper
ballots: Beaverhead,
Blaine, Carter,Chouteau, Daniels, Garfield, Golden Valley, Granite, Judith
Basin,McCone,
Meagher, Petroleum,
Phillips, Powder River, Prairie, Sweet Grass, Teton, Treasure, Wheatland, and
Wibaux.
Many of these counties
are within reasonable commutes of the bigger towns, but none of them have
populations
over 10,000. Sixteen
of the twenty have populations under 5000, making them good possibilities for
the
county-sized
prototypes that are favored by some. Beaverhead County, with a population,
according to the 2000
Census, of 8790, is
larger than New Hampshire.
14. Montana's
legislature has a fairly high amount of turnover, due to short terms and term
limits. Turnover in 2002
was 24% in the House,
36% in the Se nate. This factor will contribute to the ease of electing
porcupines to the
Montana Legislature.
15. Montana has banned
punch-card voting machines, a voting method shown by the 2000 elections to be
particularly
fraud-prone.
15 total reasons
Small is
Beautiful, When It Comes to Government
1. Montana's laws are
written in such a way as to provide incentives for local governments to
disband.
Incorporated towns
receive no tax money from the state, while unincorporated places do. A few
years ago, Butte,
the fourth largest
city in Montana, decided to completely disincorporate, meaning that the lowest
level of
government in the area
is the Silver Bow County government. This means there is an incentive to have
fewer
layers of government
to deal with.
2. Montana has
relatively small state level legislative bodies, meaning that we don't need to
get very many people
elected in order to
gain real influence at the state level. Montana has fifty state senators, and
100 state
representatives.
3. Both Montana Senate
districts and Montana House districts are population based. This means they are
concentrated in the
towns, providing a number of fairly compact districts for those who think
distance is a major
concern in
campaigning.
4. Montana has a
number of very small-population counties (under 5000 people), for those who
want to try to gain
major influence in a
county-sized area first.
5. Montana's state
Legislature meets for only 90 days every two years, meaning that, the vast majority
of the time,
the state's
legislators are in their district's living their real lives, working their real
jobs, and available to their
constituents.
6. Montana is in the
process of deregulating the electricity market, thereby reducing government's
size and influence
in this essential
market sector.
7. In the 2002
election, Montanans voted to keep government smaller by voting against the
notion of state
government acquiring
and operating currently privately-owned hydroelectric dams within the state.
22 total reasons
To Serve and
Protect--Only
1. Montana has
restricted law enforcement jurisdictions. Municipal have jurisdiction only
within their municipalities.
Sheriffs are
restricted to their own counties, and the Montana Highway Patrol numbers under
200 officers, to
provide 24/7 coverage
over state the size of Germany. Their jurisdiction is restricted to the
highways only.
2. Probable cause or a
search warrant (equivalent to home search standards) is required to search a
person's vehicle.
For our purposes, this
means that, unlike the lower threshold allowed in other states, in order for a
police officer in
Montana to search your
car, he has to have a reason that meets the standards for getting a search
warrant.
3. Montana has few law
enforcement officers as a proportion of the population. There is only one
Montana police
officer for every
512.6 Montanans. For comparison purposes, Washington, DC, which has the most
police per
capita of any
state-type region in the country, has one law enforcement officer for every
53.9 residents. For
Montanans, and
Porcupines, this means the Montana police do not have time or resources to
spend bothering
people for trivial
reasons.
4. Montana law
requires that all who are in police custody be read the "Miranda"
warning.
26 total reasons
Montana--A
Sovereign State
1. There exists in
Montana an active culture of resistance to government overreaching, with such
activities as
reopening federal
forest roads being not at all unheard of. This shows that Montanans are willing
to be activists for
freedom.
2. Missoula, Montana,
has refused to enforce the parts of the USA-PATRIOT Act that infringe on the
rights of
citizens.
3. Montana did not
ratify Prohibition, nor did Montana law enforcement enforce Prohibition within
Montana's borders.
4. The Montana
Constitution includes the following clause: Section 33. Importation of armed
persons. No armed
person or persons or
armed body of men shall be brought into this state for the preservation of the
peace, or the
suppression of
domestic violence, except upon the application of the legislature, or of the
governor when the
legislature cannot be
convened. This has been used, in the recent past, to limit federal law
enforcement incursions
into the state, a fact
which has been credited with being responsible for the group known as the
Montana Freeman
being arrested (by the
Montana police, who wished to prevent another Waco-type incident), without a
shot being
fired. This means that
Montana does not feel that the feds have the unlimited right to do as they
please in Montana,
or to Montanans.
5. A resolution has
been passed by the Montana legislature requiring federal law enforcement that
wishes to do
anything in Montana to
act through the appropriate local sheriff. The intention is to eventually give
this the force of
law. This tends to
signify Montana's sovereignty as a state, as well as its willingness to stand
up to the feds, a
quality that the Free
State Project will eventually find useful.
31 total reasons
Property
Rights, Upon Which All Other Freedoms are Based
1. Montana has banned
future federal purchase of state lands. This shows a desire to reduce federal
land ownership
within the state.
2. Montana has few
land use planning ordinances, zoning laws, or building code or permit laws,
which shows a
respect for the right
of a citizen to use his property as he sees fit.
3. Montana state law
requires the majority of citizens living in an area that a municipality wishes
to annex to vote in
favor of the
annexation before it can take effect. This indicates that Montana does not
allow municipalities to have
power over those who
do not live within their boundaries.
34 total reasons
Upholding the
Second Amendment
1. Montana has
exempted itself from the federal Gun Free School Zones Act, denoting both
Montana's support of the
Second Amendment and
its willingness to defy the feds when necessary.
2. Montana does not
require a concealed carry permit, unless you wish to carry a firearm concealed
under your
clothing, in town. The
state of Montana does not consider such things as a lady's purse or a backpack
to be
clothing, so carrying
a weapon in one of them does not require a permit.
clothing, so carrying
a weapon in one of them does not require a permit.
3. It is legal in
Montana to carry a loaded, concealed weapon in one's vehicle, whether or not
one has a concealed
carry permit.
4. The Montana
Constitution contains the following clause: Section 12. Right to bear arms. The
right of any person to
keep or bear arms in
defense of his own home, person, and property, or in aid of the civil power
when thereto
legally summoned,
shall not be called in question, but nothing herein contained shall be held to
permit the carrying
of concealed weapons.
5. In the state of
Montana, you cannot be held criminally or civilly liable for a crime committed
with your gun after it
has been stolen from
you.
6. An amendment to the
Montana Constitution providing for the right to hunt, in addition to the Second
Amendment,
and the related clause
of the Montana Constitution, will be on the next ballot as a referendum
question for the
citizenry.
7. Over 90% of Montana
homes contain firearms, with one informal poll setting the average number of
firearms per
home as high as 27.
This testifies to the staunch support of Montanans for the right to keep and
bear arms.
8. While Montana
schools are not required to teach firearm safety, they are encouraged to do so.
The Montana
Shooting Sports
Association often provides materials to schools for this purpose. Schools are
also encouraged to
have team
participation in the shooting sports and many do.
9. The Montana
legislature has actually declared an official, yearly, Right to Keep and Bear
Arms week.
10. Montana has banned
nuisance lawsuits against gunmakers. Actual product liablility suits are still
allowed, of
course.
11. There are no
Montana state laws regarding machine guns and silencers. Only relevant federal
laws apply in
Montana.
12. Montana has gotten
a grade of "F" from the Brady Campaign to Prevent Gun Violence every
year since at least
1997, the earliest
year for which I saw data. This can easily be seen as a good marker of
Montana's respect for
the rights of citizens
to be armed. If they were consistently getting a good grade from the Brady
Bunch, I would
be very worried.
13. The Montana
Legislature has passed and sent to Washington, DC, a resolution urging Congress
to repeal the
Brady Act.
14. Local governments
may not pass gun laws in Montana, with the exception of laws regarding the
discharge of
firearms within city
limits.
15. The Montana
Legislature passed and sent to Washington DC, House Joint Resolution Number 12,
the brief
summary of which
follows: HOUSE JOINT RESOLUTION NO. 12 INTRODUCED BY D. FUCHS, BALYEAT ,
BOOKOUT- REINICKE,
EVERETT, FISHER, GALLUS, GILLAN, HAINES, HAWK, HEDGES, JACKSON,
LAKE, LANGE, MAEDJE,
MATTHEWS, MENDENHALL, MOOD, MORGAN, A. OLSON, PETERSON,
RICE, ROSS, B. RYAN, SALES,
SCHRUMPF ,STEINBEISSER, STOKER, B. THOMAS, TROPILA ,
WAGMAN, WITT
A JOINT RESOLUTION OF
THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE
OF MONTANA EXPRESSING
A RECOGNITION BY THE PEOPLE OF MONTANA THAT INDIVIDUAL
CITIZENS OF THE UNITED
STATES,ACTING TOGETHER WITH LAW ENFORCEMENT AGENCIES
AND EMERGENCY
PERSONNEL A ND IN SUPPORT OF OUR MILITARY FORCES, ARE THE SOLE
EFFECTIVE MEANS OF
THWARTING TERRORISM IN THESE U NITED STATES;
ASSERTING THAT FREEDOM
OF INDIVIDUALS WILL NOT BE PRESERVED BY THE TRANSFER OF
POWER FROM INDIVIDUALS
TO GOVERNMENT IN THE NAME OF FIGHTING TERRORISM;
AND ENCOURAGING
CONGRESS TO PASS AN ACT THAT SUPPORTS AND AUTHORIZES
INDIVIDUALS TO
INTERDICT TERRORISM WHEREVER IT MAY OCCUR ON THE SOIL OF THE
UNITED STATES,
RECOGNIZES THE IMPORTANCE OF INDIVIDUALS HAVING TOOLS TO FIGHT
TERRORISM, REMOVES
CIVIL AND CRIMINAL LIABILITY FOR ACTIONS TAKEN TO INTERDICT
TERRORISM, AND CREATES
A REWARD FOR INDIVIDUALS WHO PLAY AN EFFECTIVE PART IN
PREVENTING TERRORISM
AGAINST THE PEOPLE OF THE UNITED STATES.
The full text of the
Resolution is available here:http://www.sierratimes.com/03/04/09/ articlemt.htm
49 total reasons
Taxes--Reducing
the Pain
1. Montana is one of
the few states in the country to, in the current economic situation, slash
income and capital gains
taxes. The highest
income tax bracket has been cut from 11% to 6.9%, while the capital gains tax
has fallen from
11% to 4%
2. Montana has no
sales tax.
3. Montana's property
taxes are very low--sometimes as low as $1 per acre.
4. Montana has a
"Tax Me More Fund" to which those who think taxes are not high enough
are welcome to
contribute.
5. Montana does not
require any vehicle safety or emissions inspections, and the price of license
plates decreases as
the age of the vehicle
increases.
54 total reasons
54 total reasons
Montana Is a
Good Place for Business
1. In Montana, anyone
who holds a liquor license may open a casino that has 25 gambling machines or
less. Other
forms of gambling,
such as blackjack or poker tables are also allowed in the casinos.
2. Any business owner
who wishes to pay the $250 fee can obtain a liquor license. No other
restrictions apply.
3. Montana state
university professors do not have tenure. Their contract must be renegotiated
every four years.
4. During the most
recent legislative session, the Montana legislature unanimously abolished the
minimum wage for
home health care
workers. This action argues that the government of Montana realizes that
minimum wage laws
harm, rather than
help, the employment market.
5. Montana has no less
than 18 breweries. I'm not a beer drinker, but those that the man of the house
sampled ranged
from drinkable to
"pretty decent". He was not, unfortunately, able to make a full
sampling, so I regret that this is but
a partial report.
6. Taverns in Montana
may serve liquor from 8 am till 2:30 am. They do not need to close at that
time. They merely
have to stop serving
liquor for 4 and a half hours.
7. Shooting ranges may
only be forced to close due to proven safety defects, and then only after the
owner, given
opportunity, has
failed to correct them. Ranges may not be forced to close due to noise, claims
of lead or copper
pollution, zoning, population
encroachment, or other reasons.
61 total reasons
Lived Freedom
and Personal Responsibility in Montana
1. Montana has no
obscenity law, or other restrictions on the First Amendment. This signals
Montana's belief that
people can be
responsible for what they, or their children, read or see.
2. Montana has no open
container laws. The state of Montana trusts that you are responsible enough to
drink while
driving without being
drunk while driving, which is illegal.
3. Montana's
homeschooling laws require only that a parent notify the local superintendent
of schools that the
children of the family
will be being homeschooled. There are no testing or parental education
requirements.
4. Montana has few
anti-nudity laws, instead placing faith in the individual to know when it is
appropriate to wear
clothing.
5. The Montana Supreme
Court has ruled that no locality may have obscenity laws that are stricter than
the state's
law, which does not
exist.
6. The Montana Supreme
Court has ruled that no locality may have smoking laws that are stricter than
the statewide
ones.
7. Montana was the
last state to enact an age limit for buying cigarettes, and did so only under
federal pressure.
8. Montana has no laws
barring minors from being in casinos or bars. They trust parents to decide what
is best for
their children.
9. Montana state law
makes it illegal to arrest a publicly intoxicated person unless he is actively
endangering himself
or others. Being drunk
is not a crime in Montana. Only doing illegal things while you are drunk is.
10. There is little
enforcement of polygamy or prostitution laws in Montana. In fact, Butte had an
established brothel
in operation, from the
turn of the 20th century, until 1982. Today, it is the Dumas Brothel Museum.
11. Montanans may
obtain a drivers' license at the age of 15. As far as I can find out, Montana
does not have the
increasingly popular
in other states "graduated licenses" for young drivers. Again,
Montana trusts parents to
guide their youngsters
and realizes that a parent best knows what kind of driving their teenager is
responsible
enough to handle.
12. Montana has no
motorcycle helmet law for adults.
13. If you live below
the poverty level in Montana, the state would rather help you to provide for yourself
than give
you handouts. To this
end, laws regarding hunting seasons and licenses do not apply to those living
below the
poverty level, so the
poor person who is willing to do some work can have a freezer full of wild
game.
14. Montana has
legalized the commercial production of hemp within the state.
15. Montana officially
recognizes the therapeutic value of marijuana. Their current law is written in
such a way that,
if the feds authorize
the use of marijuana as a prescription drug, it will automatically become legal
for therapeutic
use in Montana.
16. Montana does not
require a social security number to obtain a drivers' license, which, of
course, serves to help
protect the privacy of
their citizens. The only other Free State Project candidate state that does not
ask citizens
for a social security
number to obtain a drivers' license is Vermont.
17. Game lawfully
killed in Montana immediately becomes the property of the hunter, who may do
with it as he sees
fit, including storing
it, transporting it, using it, contributing it to charity, etc.
18. Harassment of
those involved in lawful hunting activities is against the law, with the second
offense being a felony.
19. Montana allows
both a religious and a medical exemption to childhood vaccinations.
80 total reasons
Montana, Truly
the Last Best Place
1. Montana has its own
railroads, including some passenger touring service. These railroads are
privately owned,
and are profitable.
2. Montana has its own
TV network.
3. Montana can be
self-sufficient in food. In fact, Montana is a net exporter of food. Montana's
treasure trove of
natural resources,
allowing it to be self-sufficient, or nearly so, place it in a better than
average position from which
to bargain with the
federal government, when the time comes.
4. Montana is also set
up to process its own food for sale, with its own slaughterhouses, butchers,
and canneries.
5. Montana is also a
net energy exporter. State laws are written in such as way as to encourage
independent energy
use by individuals.
6. Three major
transcontinental fiber-optic cables cross Montana, meaning high-speed internet
access is, indeed,
available. Indeed,
high-speed internet is available in some places where grid-supplied electricity
is not!
7. Missoula, Montana
has the highest number of both published writers and bookstores per capita of
any city its size
in the country.
8. Because the air in
Montana is very low in humidity, the cars do not rust. I saw little hatchbacks
from the early
eighties that I know,
from personal experience, are rustbuckets, driving around without a speck of
rust on them.
9. Montana is bordered
on three sides by other FSP candidate states (ID, WY, SD, and ND). It is
bordered on the
north by the most
freedom-oriented Canadian provinces (Alberta, Saskatchewan, and British
Columbia). This
would give a
Montana-based FSP friendly neighbors, as well as room to expand into a huge
Free Region.
10. Montana has a
healthy and varied mining industry, and is a net exporter of metals.
11. Montana has its
own steel refineries.
12. Montana both pumps
and refines oil.
13. For the airborne
among us, Montana has 15 state owned airports, 118 public use airports, and 350
private use
airports. Subdivisions
made of 20-acre plots that have an airstrip for the use of the residents of the
subdivision are
not uncommon.
14. For those to whom
proximity to a major city is important, there are places in extreme western
Montana that are
no farther from
Spokane, WA, than Cheyenne, WY, is from Denver.
15. Montana places
third of our ten candidate states in terms of expected job growth.
16. Montana has the
most privately and locally owned land of any of the ten candidate states.
17. Montana has lots
of space. 53 of Montana's 56 counties are larger than the state of Rhode
Island.
18. Two of our
nation's most important river systems, the Columbia and the Missouri, have
their headwaters in
Montana.
19. Montana is growing
fast enough that the FSP migration will not put a strain on its resources, but
not so fast that
they will pass the
upper population limit for a candidate state before the end of the migration
time.
20. Montana's cost of
living, at 95% of the national average, is 3rd lowest among the candidate
states.
21. Famous Montanans
include the rock band Pearl Jam, Evel Knievel, Gary Cooper, comedian Dana
Carvey,
actress Myrna Loy,
actor Dirk Benedict ("Face-man" on the A-Team), actress Martha Raye,
actor George
Montgomery, filmmaker
David Lynch, economist Lester C. Thurow, author Will James, author Dorothy
Baker,
and Jeannette Rankin,
the first female member of Congress.
And, Finally,
Reason 102:
102. Finally, to
paraphrase Quincy OrHai, Montana is a place where people live because they want
to, because
they love Montana and
its culture. The goals of the Free State Project seem perfectly fitted to
enhance, rather
than change the
culture Montanans love. We will be a good fit there, with our goals matching
the desires of
many Montanans.
My thanks to: Michelle
Dumas, whose idea I borrowed (& my apologies to her for criticizing the way
she posted her
Reasons, as it was the
best possible way), Heather Duncan and Corey Brenner, for editing and guidance,
Quincy
OrHai for providing
contact information, manning the phone number, and printing some of the reasons
as part of
Montana's ballot
insert, and all those who are too many to name that provided links and data
that went into this list.
For more information
about Montana, visit http://freestateproject.org, check out
http://groups.yahoo.com/groups/FreeMontanaProject,
or call 1-866-LIVE FREE.
You can also consult
the following individuals in Montana:
Quincy OrHai and Rae
OrHai (citizens, goat ranchers and liberty activists)
Bozeman 406-586-7926
Representative Joe
Balyeat (State Legislator , Libertarian / Republican)
Bozeman 406-586-1838
Senator Jerry OšNeil
(State Legislator, Libertarian / Republican; Sec. MT
Libertarian Party)
Kalispell 406-892-7602
Gary Marbut (President
Montana Shooting Sports Association) Missoula
406-549-1252