An application to stay the Montana Supreme Court's mandate
prohibiting the placement on Montana's 1984 ballot of an initiative
that would direct the Montana Legislature to apply to Congress
pursuant to Article V of the Federal Constitution to call a
convention to consider a federal balanced budget amendment, is
denied. The state court's order, in addition to holding the
initiative violative of Article V, was also based on the adequate
and independent state law ground that the initiative was invalid
under the Montana Constitution.
JUSTICE REHNQUIST, Circuit Justice.
Applicants ask that I stay a mandate of the Supreme Court of
Montana prohibiting the placement on Montana's November 1984 ballot
of a "Balanced Federal Budget" initiative. If adopted by the
voters, the initiative would direct the Montana Legislature to
apply to Congress pursuant to Article V of the United States
Constitution to call a convention to consider a federal balanced
budget amendment. In addition to holding the initiative
unconstitutional on its face, in violation of Article V, the
Montana Supreme Court held it to be "independently and separately
facially invalid under the Montana Constitution." The Montana
court's per curiam order stated that an opinion would follow -- an
opinion which apparently has not yet been issued -- but the order
is sufficient to indicate an adequate and independent state law
ground for the decision. I am not persuaded by applicants' attempt
to distinguish
Uhler v. American Federation of Labor-Congress
of Industrial Organizations, 468 U. S. 1310
(1984) (REHNQUIST,
Page 469 U. S. 1302
J., in chambers). The Montana Supreme Court has rested its
decision on the Montana Constitution, and it is the final authority
as to the meaning of that instrument. Accordingly, for the same
reasons given in
Uhler, the application for a stay is
denied.