"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical."
Thomas Jefferson
"You seem...to consider the judges as the ultimate arbiters of all Constitutional questions: a very dangerous doctrine indeed, and one, which would place us under the despotism of an oligarchy."
Thomas Jefferson
 MA: McDuffy (June 15, 1993) |
| NH: Claremont I (December 30, 1993) |
| NH: Claremont II (December 17, 1997) |
| NH: Claremont III - motion to vacate (May 8, 1998) |
| NH: Requests of the Senate for an Opinion
of the Justices (School Financing) (May 22, 1998) |
| NH: Memoranda to the Supreme Court (June 2, 1998)
|
| NH: Claremont IV - A plan (June 23, 1998) |
| NH: Claremont IV - ABC plan (June 23, 1998)
|
| NH: Claremont V - extension denied (November 25, 1998)
|
| NH: Opinion of the Justices (Tax Plan Referendum) (March 11, 1999) |
| NH: Objection to Court (Tax Plan Referendum) (March 29, 1999) |
| NH: Request of the Court for Memoranda (September 15, 1999) |
| NH: Memoranda to the Supreme Court (September 15, 1999)
|
| NH: Claremont VI - overruling "phase-in" period for statewide property tax (October 15, 1999) |
| NH: Motion to by Members of the NH House of Representatives to intervene and reconsider Claremont VI (October 26, 1999) |
| NH: Memorandum in support of Members of the NH House of Representatives to intervene and reconsider |
| Who is Rasputin? |
| Compulsory Attendance vs Compulsory Education |
| Judicial Censure |
| Education is NOT a Constitutional Duty in Massachusetts
|
| Original Language of 1784 NH Constitution Art. 6, Pt. I
|
| Art. 6, Pt. I: Inalienable Rights of Conscience |
| Art. 6, Pt. I: Hale v. Everett (1868) |
| Art. 83, Pt. II: Individual Duty to Cherish |
| Individual versus Public Rights |
| Unconstitutional Conditions upon the Provision of a State Benefit:
Free and Adequate Education May Not Require Sacrifice of First Amendment Rights |
| Do the People Rule? The people rejected Claremont-style constitutional amendment proposals in 1851 and 1974 |
| Constitutional Changes without the Consent of
the People The wording for two constitutional articles approved by the voters is different from the wording for these same two articles currently in the constitution. |
| Remarks of Chief Justice David Brock regarding NH
Constitution Articles 72-a and 73-a. |
| 1997 HB 397: Proposed legislative study committee:
to examine the wording discrepency in the NH Constitution and
determine whether fraud was involved and how this situation can be remedied.
Measure killed in Senate. |
| RSA92:2 Oath to uphold the Constitution:Violations cause for
dismissal from office forthwith. |
| Judicial Activism |
| (1789) An Act for the better regulation of Schools
within this State; and for repealing the laws now in force respecting them.
|
| (1791) An Act for Regulating Towns and the Choice of Town
Officers
"...town may agreeably to the Constitution grant and vote such
sum or sums of money as they shall judge necessary for the
settlement maintenance and support of the ministry, schools,
meeting houses, school houses the maintenance of the poor..." |
| (1919) An Act in Amendment of the Laws relating to the
Public Schools and Establishing a State Board of Education
|
| Farnum's Petition (1871) The subject of education is one of public concern, to be cherished, regulated, and controlled by the State. School districts are public corporate bodies. School districts are created by the legislature in carrying out the public duty in reference to public instruction laid upon the legislature by the constitution (in Article 6). |
| Wooster v. Plymouth (1882) School districts are public corporate bodies. School districts are created by the legislature in carrying out the public duty in reference to public instruction laid upon the legislature by the constitution (in Article 6). [Farnum's Petition] |
| State v. Jackson (1902) The subject of education is one of public concern, to be cherished, regulated, and controlled by the State. The constitution enjoins the duty ...as one of paramount public importance. [Farnum's Petition] |
| Fogg v. Board of Education of Littleton (1912) Education is a "privilege," not a "right." Education is a duty not imposed by constitutional provision. The interest of the public in the intelligence of the people generally is paramount to the special interest or desire of a single individual. School sessions are 10 to 12 weeks. |
| Coleman v. School District of Rochester (1936) The constitution recognizing the subject of education as "one of paramount public importance," merely enjoins that it be "cherished, regulated and controlled by the State." [Farnum's Petition, Wooster v. Plymouth, State v. Jackson] |
| Ohio Who makes education policy-the legislature or the courts? |
| Ohio Senate Joint Resolution No. 4, Amending the Ohio Constitution to Establish that the People through their Legislative Representatives have Responsibility to Determine What Constitutes a "Thorough and Efficient" System of Common Schools. |
| Wisconsin Establishing Constitutional Intent: N.H. Court's opinion unfounded. |
| Arizona Judicial Restraint: N.H. Court sets a dangerous precedent. |
| Vermont Vt. Supreme Court "misinterprets" the plain language of the constitution similar to N.H. Supreme Court. |
New Hampshire Politics |
P.O. Box 1120 Merrimack, NH 03054 |