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This Day in Esoteric Political History

Montana Enshrines a Right To Privacy (1972)

This Day in Esoteric Political History

Jody Avirgan & Radiotopia

History

4.6982 Ratings

🗓️ 21 March 2024

⏱️ 24 minutes

🧾️ Download transcript

Summary

It’s March 21st. This day in 1972, a group of 100 regular citizens are meeting to re-write Montana’s constitution. Among other provisions, the new document enshrines a “right of privacy.”

Jody, Niki, and Kellie discuss why this right worked its way into the new document — and why the constitutional convention should take place in more states more often.

Find out more at thisdaypod.com

This Day In Esoteric Political History is a proud member of Radiotopia from PRX.

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Our team: Jacob Feldman, Researcher/Producer; Brittani Brown, Producer; Khawla Nakua, Transcripts; music by Teen Daze and Blue Dot Sessions; Audrey Mardavich is our Executive Producer at Radiotopia

Transcript

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0:00.0

Hello and welcome to this day in esoteric political history from radiotopia.

0:07.0

My name is Jody Avergan.

0:11.0

This day, March 21st, 1972, Montana's Constitutional Convention is meeting and they are

0:17.2

agreeing on a new state constitution that, among other things, includes a provision

0:22.4

about a quote, right of privacy. We'll get into the

0:25.5

context for why this was enshrined into the Constitution. It says a lot about Montana

0:30.3

but also about the country as a whole in that period.

0:33.0

And then of course, there's the fallout of such a provision.

0:36.0

Privacy rights have been used to establish all sorts of laws and rulings in the years since,

0:40.0

perhaps most famously, the right to an abortion and also I'll just say a

0:45.2

constitutional convention is a super fascinating process I will already go on the

0:49.4

record saying there should be way more of them if only for the theater of it all but let's have a

0:54.1

convention of our of our own here no constitutional scholars but just regular

0:58.2

folks interested in history and politics much like Montana's constitutional

1:01.8

convention here as always Nicole Hammer of

1:04.2

Vanderbilt and Kelly Carter Jackson of Welsley. Hello there. Hello Jody.

1:08.4

Hey there. So I actually want to start there with like why is Montana having a constitutional convention what is a constitutional convention it is really fascinating and then we'll kind of wind our way towards this idea of the right of privacy enshrined in there and what that means.

1:24.4

But you know, I just feel like when we all hear a constitutional convention, we think of the

1:28.8

original constitutional conventions and all the founding fathers and their wigs and it was very hot and

1:33.0

they're gathered in Philadelphia and they're screaming about you know but

1:35.9

states can do it too basically whenever they get the will together to make it happen

1:40.8

right? They can and they do.

...

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