CACR11 (2021) Detail

Relating to powers of the general court. Providing that the legislature have the power to submit a binding referendum on whether to overturn a decision of a state court that interprets a provision of the state constitution.


CACR 11  - AS INTRODUCED

 

 

2021 SESSION

21-0688

06/08

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 11

 

RELATING TO: powers of the general court..

 

PROVIDING THAT: the legislature have the power to submit a binding referendum on whether to overturn a decision of a state court that interprets a provision of the state constitution.

 

SPONSORS: Rep. Lewicke, Hills. 26

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This constitutional amendment concurrent resolution gives the legislature the authority to present a ballot question to the people on whether a decision of a court that interprets the New Hampshire constitution should be overturned.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

21-0688

06/08

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: powers of the general court.

 

 

PROVIDING THAT: the legislature have the power to submit a binding referendum on whether to overturn a decision of a state court that interprets a provision of the state constitution.

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That article 4 of the second part of the constitution be amended to read as follows:

[Art.] 4. [Power of General Court to Establish Courts.] The General Court (except as otherwise provided by Article 72 a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the State, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this State, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.  The General Court may by simple majority submit to the people a ballot question of whether to overturn a decision of a state court that interprets a provision of this constitution.

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, 2022.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2022 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2021 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 article 4 of the second part of the constitution to read as follows:

[Art.] 4. [Power of General Court to Establish Courts.] The General Court (except as otherwise provided by Article 72 a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the State, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this State, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. The General Court may by simple majority submit to the people a ballot question of whether to overturn a decision of a state court that interprets a provision of this constitution.

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 2021 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.

VII.  Voters' Guide.

AT THE PRESENT TIME, a decision of a state court that interprets a provision of the New Hampshire constitution establishes a precedent that guides courts in making future decisions.

IF THE AMENDMENT IS ADOPTED, the legislature would have the power to submit a ballot question to the people asking whether a particular interpretation by a court should be overruled so that a precedent would not be established.

Links

CACR11 at GenCourtMobile
CACR11 Discussion

Action Dates

Date Body Type
Feb. 22, 2021 House Hearing
House Floor Vote

Bill Text Revisions

CACR11 Revision: 31538 Date: Jan. 9, 2021, 1:41 p.m.

Docket


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 40


: Committee Report: Inexpedient to Legislate (Vote 15-0; CC) HC 18 P. 18


Feb. 22, 2021: Public Hearing: 02/22/2021 11:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91906391213 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Legislative Administration HJ 2 P. 50