Where do we go from here?
The legislature passes laws. The executive sees that the law is properly executed. The courts interpret the law. All three are subject to the state’s Constitution. The final word is with our Supreme Court. Within the executive branch, the Attorney General has the responsibility of guaranteeing that the law is enforced.
Our Supreme Court has ruled, on more than one occasion, that the New Hampshire Constitution requires the state to provide an “adequate” level of funding for public schools. It thus becomes the obligation of the executive to see that these decisions are carried out, and the legislature’s obligation to provide the necessary funding. For years, the legislature has simply ignored the Court’s rulings. Recent laws have been in clear violation of the decisions by deliberately transferring appropriations for public schools to home schooling, charter and religious programs.
No effort has been made to set aside the rulings. In oral argument before the Court, Daniel Will, appearing on behalf of the AG, agreed the state was not asking to reverse the Claremont decision. (Atty. Will, as of March 4, is the newest member of the Supreme Court.) The approach, rather, is not to challenge the law, just ignore it. Do not advise the legislature that it has a constitutional obligation to comply with the law. Do not join or support those communities presently attempting to enforce the law and uphold the Constitution.
Meanwhile, our children are the losers.