A Distinct Difference between the NH and MA Constitutions


The NH Constitution, Part 2, Article 83 does not contain a legislative duty to fund or regulate education.  This Article admonishes "legislators" as individuals, not the "legislature" as a collective.  It does not refer to governmental powers, and therefore does not refer to the making, enforcement, or adjudication of law. Yet, the Claremont Court found and established a corporate or collective duty, which has no constitutional basis.


Compare the New Hampshire Constitution's Pt. 2, Article 83: “it shall be the duty of the legislators and magistrates” with Chapter V, Section II of the Massachusetts constitution, which establish a collective duty with the phrase “it shall be the duty of legislatures and magistrates”.   With that single difference between "legislators" and "legislatures," the authors of the New Hampshire Constitution rejected any collective duty and left it up to the legislators as individuals to cherish the interests of learning.


CACR 12 / CACR 14 does not reverse this fabricated state duty.  It grants exclusive authority over education to the state legislature in conformance with the Claremont decision, which was fraudulently copied from the McDuffy decision of the Supreme Judicial Court of Massachusetts.
 

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