Republican lawmakers in Montana are frustrated with their ability to check the other two branches of government.
On Monday, Sen. Scott Sales of Bozeman, the newly-elected senate president, greeted his colleagues on their first day in session with a speech from the rostrum asking them to guard their powers.
I don't have a long speech today and I'm not going to lecture you on policy or politics.
But I would just have you ponder the historical significance of the Legislature and the unique powers that are granted to us by the U.S. and Montana Constitution.
It's a little troubling to me because recently we've had some [...] District Court decisions that have in my opinion intruded upon our authority and that's troubling because as stewards and guardians, jealous guardians I might say, of our powers, that over the years we've allowed an erosion to take place where we have given unnecessary power to the executive branch and the judiciary.
Sometimes we have done it on our own, but more than that we allow decisions to be made, where like I said they conflict or they intrude with what our rightful powers are and it blurs the lines that the founders created to clearly mark the differences and the separations of powers between the different branches of government.
So it is my hope that we won't view these things in the light of whether we are Democrats or Republicans but as members of a unique and special assembly and we will guard those powers with great diligence as we go forward.
-Jan. 2 speech by Senate President Scott Sales
It's pretty safe to assume Sales is thinking – at least in part – of the order from Lewis and Clark District Court Judge Kathy Seeley last week staying the term expiration of Commissioner of Political Practices Jon Motl.
When confirmed by the Senate in 2015, Motl's term as commissioner clearly was to expire on Dec. 31.
But an Eleventh Hour lawsuit aimed at keeping him longer was filed and Judge Seeley issued the temporary order until a hearing can be scheduled.
(Sales was among the nine Republican candidates that Motl issued decisions against for their involvement with Western Tradition Partnership. In a 2014 settlement with Motl, Sales said he regretted his involvement with the direct mail company run by WTP's agents, and paid a $500 fine.)
But Sen. Sales isn't alone in looking at the GOP's majority, frustrated that they are not checking the other two branches of government.
As we reported, Senate Majority Leader Fred Thomas, R-Stevensville, has been in discussion with other Republicans about the interim months between legislative sessions, during which committee makeup is split equally, four Democrats and four Republicans.
He believes that the Republican majority should be reflected in the interim committees, that it would strengthen their ability to check the (currently Democratic) governor's executive branch of government.
Thomas is also looking at term limits, arguing that they also weaken the Legislature.