House Kills Amendment to Limit Judicial Power

By David Darman on Friday, January 23, 2004.

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The New Hampshire House has rejected a proposed constitutional amendment that would have curbed judicial authority over state education funding.

The vote fell at least 30 votes far short of the 60 percent majority needed.

New Hampshire Public Radio's David Darman has more.

Backers of the amendment saw it as a way to end what they see as undue meddling by the court in public education.

House Majority leader David Hess said the court is effectively preventing the people from having a say over a major policy decision.
The only way they can have a say, a direct say on issues that confront the state is through a voice in voting on a proposed constitutional amendment.

But many lawmakers clearly thought CACR2 went too far.

They said it would effectively end the constitutional guarantee of a decent education.

And Republican Alf Jacobson of New London said the amendment would tear apart the constitution?s delicate balance of power.
Now what cacr2 wants to promote is a government whereby this legislature, this general court shall be the sole authority of all issues relating to education and to funding. That is what cacr2 does. And no matter how you slice it, and how you may crib it, that is the end result.

Other critics of the amendment said they thought voters would be confused by it.

CACR2 would have changed the legal standard that judges could apply to education cases to something called a ?rational basis?.

Democratic Leader Peter Burling said the ?rational basis? standard was not easy to understand.
It will take literally, dozens of pages in the voter guide, to explain the difference in constitutional review standards between that standard now applicable by the court and the rational basis standard which is proposed to be adopted by this amendment.

Governor Craig Benson and House leaders were squarely behind CACR2.

After its defeat, Benson issued a statement deriding Democrats for derailing the amendment.

But about 50 Republicans joined Democrats to vote down the amendment.

Democrat Marjorie Smith of Durham said many lawmakers in the GOP overcame considerable pressure to defeat CACR2.
And the vote today indicated even the people in the legislature were willing to buck the strong arm tactics from the governor and the leadership to do what was right.

With CACR2 defeated, Governor Benson and other state lawmakers are back to square one on education funding.

As in years past, the legislature can consider changing the current system, as long as it does what the court says the constitution requires.

That is, everyone must pay at the same rate for whatever the Legislature says is an adequate education.