{"id":7628,"date":"2018-03-09T15:22:27","date_gmt":"2018-03-09T20:22:27","guid":{"rendered":"http:\/\/www.cnht.org\/news\/?p=7628"},"modified":"2018-03-09T15:22:49","modified_gmt":"2018-03-09T20:22:49","slug":"state-education-law-in-nh-there-isnt-any","status":"publish","type":"post","link":"https:\/\/www.cnht.org\/news\/2018\/03\/09\/state-education-law-in-nh-there-isnt-any\/","title":{"rendered":"State Education Law in NH: There Isn’t Any!"},"content":{"rendered":"

by Ed Naile<\/em>
\n“New Hampshire \u201cKnowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish<\/strong> the interest of literature and the sciences, and all seminaries and public schools…”<\/em><\/p>\n

Here is the \u201cEducation Clause\u201d for all 50 states, found in their respective constitutions:
\nState Education Clauses<\/a><\/p>\n

Notice how in almost every case the state is mandated or required to \u201cestablish\u201d a statewide system of public schools.<\/p>\n

Not in NH. Our Founding Fathers could read and write but they did no such thing.<\/p>\n

NH established, by statute in our legislature, a local system of public education, funded locally.<\/p>\n

That is what the Claremont Decision was determined to circumvent.<\/p>\n

Here is how the Massachusetts Supra determined their constitution required a state funded system of schools:<\/p>\n

\u201c[W]e shall restrict ourselves to a determination whether the constitutional language of Part II, C. 5, \u00a7 2, is merely hortatory or aspirational, or whether [it] imposes instead a constitutional duty on the Commonwealth to ensure the education of children in the public schools. We conclude that a duty exists. Second, we shall attempt to describe the nature of that duty and where it lies. Third, we shall consider whether on this record such a duty is shown to be violated.”<\/p>\n

Is New Hampshire\u2019s education language in its Constitution \u201cmerely hortatory or aspirational,\u201d or is mandated? See for yourself.<\/p>\n

Or was NH scammed by an activist state supreme court as many other state supreme courts ruled? A reasonable citizen who cares about the rule of law can easily see by comparing other state constitutions that NH does not have a constitutionally mandated obligation to fund schools through the state budget.<\/p>\n

The NH Sate Supreme Court went along with a national scheme to take local control away from public education. It has worked to a degree.<\/p>\n

Thanks to the independent minded, Citizen Legislature of New Hampshire, we are still not subjected to a broad-based tax to fund a blatant violation of our Constitution by an activist court.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Ed Naile “New Hampshire \u201cKnowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[100],"tags":[],"class_list":["post-7628","post","type-post","status-publish","format-standard","hentry","category-education"],"_links":{"self":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/7628","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/comments?post=7628"}],"version-history":[{"count":1,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/7628\/revisions"}],"predecessor-version":[{"id":7629,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/7628\/revisions\/7629"}],"wp:attachment":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/media?parent=7628"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/categories?post=7628"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/tags?post=7628"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}