CACR16 (2005) Detail

Relating to the definition and constitutionality of judicial and legislative acts. Providing that the supreme court shall determine the constitutionality of judicial acts and the legislature shall determine the constitutionality of legislative acts.


CACR 16 – AS INTRODUCED

2005 SESSION

05-0715

06/04

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 16

RELATING TO: the definition and constitutionality of judicial and legislative acts.

PROVIDING THAT: the supreme court shall determine the constitutionality of judicial acts and the legislature shall determine the constitutionality of legislative acts.

SPONSORS: Rep. Sorg, Graf 3; Rep. Slocum, Hills 6; Rep. Boyce, Belk 5; Rep. Mirski, Graf 10; Rep. Itse, Rock 9; Sen. Boyce, Dist 4; Sen. Clegg, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution defines judicial and legislative acts as they are defined in the case of Merrill v. Sherburne 1 N.H. 199 (1818), and provides that the supreme court shall have final authority on the constitutionality of judicial acts and the general court shall have final authority on the constitutionality of legislative acts.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0715

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the definition and constitutionality of judicial and legislative acts.

PROVIDING THAT: the supreme court shall determine the constitutionality of judicial acts and the legislature shall determine the constitutionality of legislative acts.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That the second part of the constitution be amended by inserting after article 74 the following new article:

[Art.] 74-a. [Judicial and Legislative Acts, Final Authority on Constitutionality Thereof.] To decide upon the legality of claims and conduct made in the course of determining cases in controversy between persons arising under laws previously established is a judicial act. The supreme court shall have final authority on the constitutionality of judicial acts. To make a new general rule of prospective effect for the regulation of new controversies for the general benefit and welfare of the state is a legislative act. The general court shall have final authority on the constitutionality of legislative acts.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2006.

III. That the selectmen of all towns, cities, wards, and places in the state are directed to insert in their warrants for the said 2006 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2005 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending the second part of the Constitution by inserting after article 74 a new article 74-a to read as follows:

[Art.] 74-a. [Judicial and Legislative Acts, Final Authority on Constitutionality Thereof.] To decide upon the legality of claims and conduct made in the course of determining cases in controversy between persons arising under laws previously established is a judicial act. The supreme court shall have final authority on the constitutionality of judicial acts. To make a new general rule of prospective effect for the regulation of new controversies for the general benefit and welfare of the state is a legislative act. The general court shall have final authority on the constitutionality of legislative acts.”

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2005 General Court” shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

Links

CACR16 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR16 Revision: 8585 Date: Jan. 21, 2010, midnight

Docket