"No Armed Bodies of Men" -- Montanans' Forgotten Constitutional Right (With Some Passing Notes on Recent Environmental Rights Cases)

Robert G. Natelson, University of Montana School of Law


This article discusses whether Article II, Section 33 of the Montana Constitution is targeted at importations of “armed bodies of men” by the government, by private parties, or by both. The article also reviews recent “environmental rights” decisions by the Montana Supreme Court to illustrate some problems in judicial review of a constitutional right against private parties.