Could the Court Be Wrong?

Here is the text of a letter to the editor that I sent out today. I have many more constitutional arguments to make, but alas, I can only write so much for a letter to the editor.

Constitutional Questions

Why is the legislature rushing along to define and cost an ‘adequate’ education? Why are they so willing to do the bidding of an unelected five-member court?

The supreme judicial court based its Claremont education funding decisions primarily on Part II, Article 83 of the New Hampshire constitution, which says in the relevant part: “it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, [and] to encourage private and public institutions…”

Do any of you understand how that article “imposes a duty on the State to provide a constitutionally adequate education to every educable child and to guarantee adequate funding”?

The court said in the second Claremont decision that it is the “duty of the legislature to ‘cherish’” public schools. But doesn’t Article 83 say it is the duty of legislators and magistrates, and not the duty of the legislature as a whole, to ‘cherish’ public schools? One might say it is merely semantics. Well, why do the words ‘legislature’ and ‘general court’ (synonym for legislature) appear a combined 78 times in the constitution, while the word ‘legislator’ appears but once (in Article 83). I highly doubt the framers of this wonderful document would change that one word if it meant the same thing as the others.

And why does the court only mention public schools? The constitution also includes ‘seminaries’ and ‘private…institutions’. Of course, that would not help them increase the size of our state government, so they just left that part out.

Apparently there remain some unanswered questions. Please contact your legislators (notice I didn’t say legislature) and ask them to answer those questions. And maybe ask them why the U.S. Chamber of Commerce ranks New Hampshire #3 in the entire nation for quality of education, while the area that spends the most per pupil (Washington D.C.) is dead last in rankings. Could local control and fiscal responsibility have anything to do with it? If they can not give you straight answers, ask them if they still really support the court’s unconstitutional power grab.