Sunday, October 21, 2012

16 Days

The other day I mentioned that there are 3 Constitutional amendments on the ballot. The second amendment listed has to do with judicial oversight and authorizes the New Hampshire legislature to amend Supreme Court rules. 

This is how the ballot will read:

Are you in favor of amending article 73-a of the second part of the constitution to read as follows:[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.


Like most people, I haven't read the NH constitution (although I did just google it with every intention of trying to read it, but I took one look at it and thought, maybe another day.) 
So now I have to rely on my limited recall of how the government works. I seem to remember the idea of checks and balances and that we have 3 branches of government so that no one branch can become too powerful. I just don't understand how allowing the legislature to change the rulings of the NH Supreme Court holds true to that idea. 

I plan to vote NO on Question 2.

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