Down with the Bar Association!

I love House Bill 670. It is a shining example of the kind of bill our legislators should be introducing (click here for an example of bad legislation).

The basic goal behind this bill is to repeal the incorporation of the New Hampshire Bar Association. The Bar is basically the group that all of those in legal profession claim membership to. Essentially, the sponsor believes that the Bar is an unconstitutional corporate monopoly. And I believe he is correct in his assertion. The Bar holds an effective monopoly on the legal profession in New Hampshire.

As you can see from the Secretary of State's site, the New Hampshire Bar is registered as a non-profit corporation. Now I will cite Part II, Article 83 of the New Hampshire Constitution:

Free and fair competition in the trades and industries is an inherent and essential right of t he people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof.

I think that pretty much goes to show that the Bar is unconstitutional. Not so fast, say the government employees (who go to testify in opposition to this bill on behalf of government agency using our tax dollars). One such bureaucrat claimed that the Bar is "not really a private corporation; it is part public and part private so it is in a unique situation." So because the government says so, the Bar does not have to follow the same rules as everyone else? I think its time that we figure out exactly which it is; they can't have their cake and it too.

Another prestigious government authority rose in opposition citing a New Hampshire Supreme Court case where the justices declared that the Bar Association is under the direct authority of the Court. What? Once again, in Article 83, it says:

Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means...

The general court is the constitutionally given name for the New Hampshire legislature. It would be pretty hard to construe that with Supreme Court. How exactly does the Supreme Court think that gives them the authority over the Bar? And why would any reasonable legislator not realize it is their duty to break apart this unconstitutional monopoly?

Unfortunately, the House of Representatives will almost certainly kill this bill. It is a sad day when our legislators no longer have any respect for the sacred document that is our Constitution.

In Libertate,
Tyler