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June 21, 2005
Or else
Tomorrow’s Monitor editorial will be on a possible lawsuit challenging the constitutionality of the latest school funding plan. Again.
The Legislature has been ignoring the law since 1997, when the court said it is the state’s responsibility to pay for an adequate public education for all New Hampshire children.
So if you and I have to abide by the law, how can the Legislature get away with breaking it? For 7½ years and counting no less!
The reason seems to be that the court rendered a ruling that it cannot enforce. Usually when the court says what the state constitution means, you and I obey the ruling or pay the consequences. There is an “or else.”
In year 8 A.C. (After Claremont), we have a governor who was elected on a plan that is just as unconstitutional as the last few the Legislature has passed. His plan failed not because the Legislature wanted to do the right thing but because it wanted to stick it to the governor.
The “Gatsas plan,” which is about to become law, is just as unconstitutional as the governor’s plan. From Gatsas’s perspective, it has one great virtue: It gives more money to Manchester, which Gatsas represents.
It seems likely that school districts that Gatsas does not represent, and that thus fare poorly under the Gatsas plan, will sue the state. This will send school funding back to the Supreme Court. Unless it has become sick of the game and overturns its own Claremont decisions, the court will have no choice but to strike down the Gatsas plan.
But so what? Won’t we just enter yet another round of politicians pretending the constitution does not say what the justices say it says?
Here’s an alternative. Call it the grand “or else.” The court could ditch Gatsas and give the governor and Legislature one year to craft a constitutional plan, or else . . . the court would seize state liquor, toll, lottery and business-tax revenue until it had enough to pay for an adequate public education for all New Hampshire students.
Of course, the court might have a problem determining just how much that amounts to since the Legislature has never even defined adequacy. But the total spent on public education in 2004-05 is a good starting point for adequacy, so the court could just use that figure.
Then we’d be getting somewhere.
Posted by Mike Pride at June 21, 2005 04:09 PM
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Comments
This whole issue is about constitutionality, yet where does it say in the NH Cons. that the Supreme Court has the power to order the other branches of govt around? Does this not completely redefine the concept/practice of separation of powers? Do you support such a redefinition? Also, where is the power granted to the Court to seize assets? Who/what state agencies are beholden to obey the court should it order such an event? By your own admission the issue of adequacy has never been defined yet you hold them to this non-existent standard?
You say "Then we’d be getting somewhere" and I agree, that somewhere is called tyranny. The only answer to this govt created mess is the privatization of the school system, a complete and total separation of school and state.
Posted by: tlaclair at June 21, 2005 07:08 PM
Wow. I can't believe it's been 7 and a half years... 1997 doesn't seem that long ago. But, I digress.
It would seem that everyone knows what we have to do to solve the funding crisis... Implement a state income tax or sales tax (or both)... but no one wants to give in because the lack of both of these taxes is what makes our state distinctive.
I don't know a whole lot about the subject at hand (For the bulk of the past seven and a half years I was underage and like a typical kid, not paying attention to state politics), and I don't really know much of anything about what's been previously proposed as a solution.
But, if I were to be asked for a solution for this problem on the fly, it would to be to consolodate our school districts. Group surrounding towns together and have them to pool their resources together. Of course, this idea isn't without social ramifications... New Hampshirites are horrible when it comes to town snobbery.
Posted by: nikkiana at June 22, 2005 05:20 PM
When it comes to higher education we investigate the options and choose the school and the program that best suits our objectives.
When it comes to public school we surrender our tax money and the governments tells us what kind of education we can have.
Education funding discussions are locked into old paradigms of taxation with little considerations for giving better choices.
What if, for instance, we take the school funding money and give everyone their share to spend on the school of their choice?
Posted by: fullert at June 23, 2005 09:09 AM
Interesting, isn`t it that we have people that seem to be ignorant of the fact that the Supreme Court is the only branch of government that is qualified to rule on constitutionality. The legislature can make all the laws they want, however, they must constitutional. It is also interesting that we have people that seem determined to return to the "good old days" of funding education. I wonder how Concord would feel to return to receiving $9,623,420 less from the state for education. Manchester $ 42,729,948 less, Derry $21,289,695 less,Rochester $13,217,046 less, Nashua $23,750,957 less. These are the amount changes from the old Augenblick foundation aid and the Gastas grant amounts. These school districts are wringing their hands over the loss of $1 million in aid, how would they ever raise this kind of revenue through local taxes. Oh, by the way, if the citizenry would read Doug Hall`s 15 page outline of the property tax issue for funding education, they would realize that the state-wide property tax has been with us since the 1600`s.
Dick Elliott
Claremont, NH.
Posted by: richard elliott at June 23, 2005 12:13 PM
If the law enacted in 1999 was still on the books, the State would be providing about $1.1 billion in adequacy funding next year, not the $825 million in the Gatsas plan. But the Concord Monitor trashed the 1999 law, as I recall, undercutting its legitimacy when it was in its fragile infancy. Had that law received the support of the Concord Monitor and other liberal opinion leaders, Gov Benson and company would not have been able to get away with turning back the clock two years ago. The perfect is the enemy of the good, Mr. Pride.
Posted by: Bob at June 24, 2005 12:39 AM
So is it constitutional to tax property in some towns and send the proceeds to other towns because they consider themselves 'POOR'?
In our town we do not have sidewalks, municipal water, municipal sewage, swiming pools, large public service buildings or good roads. Yet we have to send tax money to places like Bedford and Amherst when they have the highest per capita income in the State and an extensive infrastructure.
Get real, Socialism has no place in this country and it is not mentioned in our Constitution.
Posted by: Bill Kaiser at June 24, 2005 10:14 AM
Thanks Mike! Welcome to Bloging
We added snippits and linked back to you.
Steve Young
www.nhcafe.org
Posted by: Steve Young at June 24, 2005 08:34 PM