| I occasionally read articles that make my head hurt. This is one of them. Now, to begin with, the federal Constitution isn't the right-wing document that Krayton Kerns would have us believe. Sorry, folks, but the Commerce and General Welfare clauses do exist. The 14th Amendment exists. I know these things break your heart, but they're in there.
But let's forget the federal Constitution for a second, because there is fairly little in there that actually constrains the power of state governments to be activist (there are provisions, like the 14th Amendment, that limit their ability to do pernicious things like discriminate). So the question on these matters is what the Montana Constitution dictates.
The Montana Constitution famously dictates "All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment..." The right to a clean and healthful environment isn't just in the Constitution. It's the second right listed, right after self-government and popular sovereignty.
In fact, the Constitution later mandates "The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations." Regarding education, the Constitution says, "It is the goal of the people to establish a system of education which will develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of the state."
Cody Bloomsberg ought to schedule follow up interviews with Kerns and anyone else who considers herself or himself part of this "Constitutional caucus" and get their read on the Montana Constitution, the primary document they have obligations to represent and enforce. My guess is that we'll see their inability or refusal to read the initial intent very quickly. |
