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Tuesday, October 9, 2012

Do we or do we not, want laws passed by our Legislature to be enforced?

This article in the Nashua Telegraph today talks about the balance of government by a new yet old amendment.

I think the best part of the article above, highlights what these two branches have been arguing over in the quotes below:

 "The amendment would change Article 73 of the state constitution, giving the legislative branch explicit authority to overrule the Supreme Court’s rule-making authority for the judicial branch. 

 Specifically, laws passed by the Legislature would have precedence if they conflict with rules adopted by the chief justice and the rest of the Supreme Court. 

 The chief and the court would still govern the judicial branch and the state’s court system as usual unless a conflict arose." 

 As a legal and community researcher, lets look at those two paragraphs, because I have to simply point out that the people not backing this, do not know the law or how our government has been formed and/or lack the ability to be accountable.

I mean is it really that hard to figure out? Do we or do we not, want laws passed by the Legislature to be there to protect us?

 The Supreme Court and many Judges would prefer that you have access to justice only based on "precedence" in reality meaning the preference of any particular Judge at any given time, our Judge's by all accounts appear to be human beings. As such, human beings are flawed and come with varying shades of gray and yes, each has their own unique flawed prejudice's. As such, our founding fathers had the foresight to see man's (and women's) greed and created a separation of powers.

The legislative branch is entrusted with making laws, the Judicial branch is entrusted with upholding those laws; not overriding them with their own set of rules. They also are entrusted with letting us know if those laws made by the legislative branch are unconstitutional. Information on all branches can be better articulated in this article. I hope this starts to paint a better picture and hopefully a well known concept about our government's checks and balance system for a historical look back check the the Federalist Papers and the framers original attempts of the authors to explain the constitution being adopted. 

If we accept that the NH Legislative branches role is to create laws, and then allow them to be merely overridden by a conflict with "rules" adopted by the chief justice and the rest of the Supreme Court, we will have no one to blame but ourselves for giving them so much power, that they continue to miss use it and hurt the public they are suppose to serve and treat equally, because they will continue to be accountable to no-one.

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