CACR 26 Rep Dan Itse Posted to the Keene Sentinal

CACR 26 Rep Dan Itse Posted to the Keene Sentinal | Kevin Avard for State Rep:

It is disturbing that a Governor and Justice would display such a lack of knowledge of New Hampshire constitutional heritage. Part 1, Article 37 says that the three powers of government ought to be as separate and independent as the nature of free government will admit or as is consistent with that chain of connection the binds the whole Constitution in one indissoluble fabric of unity and amity. This recognizes that the freedom is endangered when the powers are completely separate. It goes further, stating that you find the powers each branch has over the other in the Constitution itself. In fact Madison in Federalist Paper 47 recognizes this as a unique perfection compared to the other State Constitutions.

That chain of connection. From 1784 to 1966 the Legislature held complete power over the Judiciary having the power to dissolve and constitute all the Courts. The Article 73-a that gives the power to make rules for the administration of the courts was only put in place in 1978. Over the last 30 yr the court has stretched that power to absolve itself from all oversight by the people.

The important concept in this debate is that all power in government (including that of the Judiciary) comes from the people. It is the people who get to define the power of the Courts. The people only gave the power in question to the courts in 1978. With the administration of the courts that resulted in Thomas Balls self immolation on the steps of the Keene Courthouse because he could not receive justice, the people need to ask if the current distribution of power is achieving their goal.