top of page

Initiative & Referendum Series,
Part 1 of 4

By Shane Klakken, Montana House District 37

May 6, 2026

I want to talk to you about something that gets under my skin every single time I hear it. Turn on the news — any channel, any network, go to a “No Kings” rally …a.k.a. “Defend Our Democracy” rally — and within about five minutes somebody will say the word “democracy.” Our democracy. Threats to our democracy. Saving our democracy. And every time I hear it, I will not be quiet about the gross misrepresentation of our form of government.

We are not a democracy. We are a republic. And that is not a footnote. That is the whole ballgame.

I know that sounds like a technicality to some folks. It isn’t. The Founders knew exactly what a pure democracy produced, because they’d studied history. John Adams wrote that a democracy “never lasts long” — that it “wastes, exhausts, and murders itself.” James Madison, in Federalist No. 10, called pure democracies “spectacles of turbulence and contention,” incompatible with personal security or the rights of property. Alexander Hamilton said the ancient democracies “never possessed one feature of good government” and that their very character was tyranny.

These men were not being dramatic. They were being precise. They had seen what happens when raw majority will has no check on it. So they built something different. They built a republic — a system where you elect people to represent you, those people deliberate, debate, and answer to you at the ballot box. That structure exists to protect you from the mob just as much as it exists to protect you from the king.

Now here’s where it gets close to home. Article IV, Section 4 of the U.S. Constitution says the United States shall guarantee to every state “a Republican Form of Government.” Not a democratic form. A republican form. That guarantee is still on the books. But Montana’s 1972 Constitution contains provisions that put real stress on it — and most Montanans have never given them a second look.

I’m talking about the initiative and referendum process. Article III of our state constitution allows citizens to bypass the legislature entirely — to write a law, gather signatures, put it on the ballot, and enact it without a single committee hearing, a single fiscal analysis, or a single floor vote. Sounds like pure democracy in action, right? That’s the point. That’s exactly what it is.

Now, I want to be fair. The initiative process wasn’t put there by accident or by bad people. A lot of well-meaning Montanans have supported it over the years because they figured it was a check on a legislature that might go sideways. I understand that instinct. But the road to a bad destination is often paved with reasonable-sounding intentions.

Here’s what I’d ask you to sit with: if the people you elect to Helena can be bypassed any time a well-funded campaign decides to run a petition drive, then what exactly did your vote accomplish? Your representative shows up, does the work, studies the bill, casts the vote — and then a national organization with a checkbook can undo all of it without ever setting foot in Lewistown or Grass Range or Winnett or Winifred or any other Central Montana community.

That’s not a republic. That’s not what the Founders built. And over the next few weeks, I’m going to walk you through exactly how we got here, who’s using this process against Montana right now, and what we can do about it.

This is Part 1 of a four-part series. Next editorial: where the initiative process actually came from — and why it was designed to do exactly what it’s doing to us today.

Stay Connected with Shane

Be part of the conversation and stay informed about upcoming events, legislative updates, and community news across Montana.

Or connect on social media:

bottom of page