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Author Topic: What is your take on the barrier between church and state?  (Read 7893 times)

Johnnysp

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Re:What is your take on the barrier between church and state?
« Reply #15 on: November 01, 2004, 07:36:28 pm »

            Along with Seperation of church and state I believe it is also necessary to sperate state and education. Basically most of government should be seperated from what the people can provide for themselves. In my opinion the only good and effective thing the government provides is our judicial system.
            Unfortunetely in New Hampshire there is a proposition on the ballot this November that would give the legislative branch power over the judicial branch. Although the proposition is very wordy (and was written by Republicans) it basically states the the Legislative branch would have the power to intercede (essentially to combat activist judges granting same-sex couples marraige licences) if they thought it important. This in my opinion is a flagrant violation of the Constitution by bluring the jurisdiction of the three barnches of government. Hopefully this proposition will be defeated, although as I said before is very wordy and may confuse some (or most) of the voters. If you are a New Hampshire resident, and of voting age (not 15 year olds like me), I hope you will vote against it tomorrow. I dont remember exactly what the bill is called, but I think it is the only proposition on the ballot.
« Last Edit: November 03, 2004, 08:44:51 pm by Johnnysp »
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"Hagrid"

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Re:What is your take on the barrier between church and state?
« Reply #16 on: November 01, 2004, 08:20:32 pm »

The ballot issue is to avoid judicial issues (such as the school tax increase) where the judges HAVE stepped up and taken power they were never meant to have.

Voting Yes is the liberty position, not No.  Judges who insist they have the power to legislate are wrong.  They aren't the legislature, and they aren't supposed to do that, they are supposed to be a check/balance to it, not supercede it.  The goal of the ballot is to make clear that the legislature is the ones making the laws and rules.

Johnnysp

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Re:What is your take on the barrier between church and state?
« Reply #17 on: November 03, 2004, 08:42:14 pm »

  I agree, I dont think the courts should be legislaters. I understood it had to do with the administration and rules of the COURTS not the legislative power of the courts. I do realize now that it has to do more with education i.e. the Claremont decision, but it could have the potential to give the conservative legislature power over issues like same sex marraige.



      "Legislature Seeks Control Through Amendment"
 
"The New Hampshire legislature is once again attempting to gain control of the state court system by presenting a constitutional amendment to the voters. The same amendment was defeated in the 2002 election. Voters are now again being asked to amend our basic governing document so as to give the legislature the final say on the administration of our entire court system.

In November, voters will be asked on the ballot's Question 1 to approve or disapprove a proposed amendment to Part 2, Article 73-a of the New Hampshire Constitution. At the present time, this article allows the Supreme Court to make the rules governing the administration, practices and procedures of all the courts in the state. These rules have the force and effect of law. This particular provision was adopted by a citizen Constitutional Convention, not by the legislature, and it was approved overwhelmingly by the voters in 1978.

The present ballot question is a second attempt by the other two branches of government to discipline our court system for the Claremont decision, and also for the court's efforts to enforce the constitutional demand that every child in New Hampshire receive an equal education. Our government is based on the doctrine of separation of powers under New Hampshire's Constitution, Part 1, the Bill of Rights, Article 35, which provides in part:

...It is essential to the preservation of the rights of every individual, his life, property, and character, that there be an impartial interpretation of laws, and the administration of justice.

Article 37, Part 1, also provides that the three branches of government -legislative, executive and judicial-shall be kept separate and independent from each other. The separation of powers-the system of checks and balances set up so that one branch of government does not obtain too much power-is and has been since the founding of our republic, the cornerstone of our individual liberties guarded by American courts. Over 100 years ago, New Hampshire's most famous jurist, Chief Justice Charles Doe, said that our 1784 Constitution-by embracing the separation of powers doctrine-introduced an era of liberty and equality which has continued until this day. This was further emphasized when a citizens' Constitutional Convention strove to isolate the courts from legislative control and interference.

It should be understood that the proposed amendment does not "clarify" anything. If passed, it would generate additional conflicts and litigation, leading to more tensions and misunderstandings. As an example, the term "necessary adjudicatory" is included in the proposed amendment. This phrase alone would be the subject of suits and countersuits for years.

Today the relations between the three branches are in good order and could be said to be "in balance." This amendment is a "solution in search of a problem."

Please, on Election Day, vote NO on ballot Question 1, Proposed Amendment to Part 2, Article 73-a of the New Hampshire Constitution. Your "No" vote will guard against an overreaching of legislative powers and protect your individual liberties."

Respectfully,
Ernest L. Bell
Former President, NHBA
Keene

 
« Last Edit: November 03, 2004, 08:45:32 pm by Johnnysp »
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