Open carry on campus – Not a Second Amendment issue

Open carry on campus - Not a Second Amendment issue

Concealed weapons on campus? HB102 directly raises that issue. But in spite of arguments to the contrary this is not a Second Amendment issue as it relates to campuses. What is at issue is the Regents constitutional right to manage Montana’s University System. Our history is rife with examples where politics and vested interests have interfered with our higher education system. In 1915, at the behest of the Legislature and the Anaconda Company — ACM — University President Craighead was fired for not towing the ACM line. Later a law professor was terminated for the same reason and a popular teacher was forced out for documenting the blatant favorable taxation granted to mining interests. Throughout the 1950s and ’60s mineral and timber interests in the state exercised considerable control in the Legislature. Eventually the people had enough. The frustration of Montana’s people about politics in higher education resulted in the 1972 Constitution creating Montana’s Board of Regents and granting it full authority over the higher education system: “The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage and control the Montana university system … .” That broad power underwent judicial review and was affirmed in 1975 by the Montana Supreme Court in State ex rel. Judge. That opinion forms the basis for the Regent’s sole authority over the university system since that time. The regents and the university […]

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