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Laws and the constitution are not a choose-your-own adventure – Daily Montanan

Montana politicians cannot pick and choose what laws they like and want to live by, especially when it comes to federal laws and nullification, writes columnist Jim Elliott.

United states constitutionLegal review noteSenate billHouse billFlathead indian reservationSupremacy clauseContract clauseCompact clauseAttorney general

Montana Viewpoint: Beware of legislators deciding constitutionality on their own

Jim Elliot writes that a Legal Review Note used to be attached to the bill, but a couple of years ago it was decided that, although they were public documents, they would not be made public unless someone asked to see them.

Jim elliotSenate billUnited states constitutionLegal review noteHouse billWater compactFlathead indian reservationLegal reviewSupremacy clauseContract clauseCompact clauseLegislative committeeAttorney generalMontana today

Newly-passed Colstrip laws unconstitutional, court rules

The Colstrip laws now join others from the 2021 Legislature that have been ruled unconstitutional by the courts and left Republicans howling about “libs on the bench.”

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What, exactly, would a judicially-manageable standard under the Elections Clause look like after Moore v Harper?

What, exactly, would a judicially-manageable standard under the Elections Clause look like after Moore v Harper?
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New yorkUnited statesNorth carolinaWest virginiaRick pildesRucho courtNational republican redistrictingLegislature thereof clauseCarolina supreme courtElections clauseNorth carolina supreme courtNorth carolina general assemblyGeneral assemblyRestoring integrityHonest elections projectState leg

Revisiting Kelo

A decade ago, in Kelo v. City of New London, the Supreme Court gave its approval to an unprecedented and remarkable use of the eminent domain power.

United statesNew yorkNew hampshireNorth carolinaDistrict of columbiaSan diegoOld dominionThe coloniesCity of new londonJustice kennedyDaren bakstPauld carringtonTimothy sandefurBernardh sieganJeffrey rosenJustice holme