Relating to the supreme court.Providing that the supreme court may not make rules that have the force and effect of law.
Impact
If passed, this amendment would significantly impact the relationship between the judicial and legislative branches in New Hampshire. It would reinforce the separation of powers by clearly stating that only the legislative branch has the authority to create laws. This could lead to a more restrictive governance framework for the Supreme Court, limiting its ability to adjust legal processes or address emergent judicial issues through its rule-making capacity.
Summary
CACR29 proposes a constitutional amendment to restrict the New Hampshire Supreme Court's ability to promulgate rules that carry the force and effect of law. The intent of this amendment is to delineate the powers of the Supreme Court, specifying that it cannot create laws through judicial rules. Currently, rules made by the Supreme Court have legal authority similar to statutes, which some legislators argue undermines the legislature's primary role in lawmaking.
Sentiment
The discussions around CACR29 have elicited mixed sentiments among legislators and stakeholders. Proponents argue that the amendment is essential for preserving legislative authority and ensuring that laws are created through proper legislative processes. Conversely, opponents express concern that this amendment could hinder the Supreme Court's ability to respond effectively to legal challenges and adapt judicial rules to current needs, potentially leading to insecurity in legal proceedings.
Contention
Key points of contention in the debate revolve around the implications for judicial efficiency and legislative oversight. Supporters highlight the potential for abuse if the court could make rules with legal force, while critics warn that limiting the court's power may lead to stagnation in the judicial process and could undermine the court's ability to protect rights through adaptable rules. The amendment represents a fundamental shift in governance that could set a precedent for the extent of judicial power in New Hampshire.
Relating to the drawing of district boundaries. Providing that no district boundaries shall be drawn in a way that favors or disfavors any political party or candidate.
Relating to the presumption of innocence. Providing that in all cases and suits of the state against one of the people, the defendant shall be innocent unless proven guilty.
Requiring that custodial interrogations be recorded, establishing a fund to make grants to state law enforcement agencies to purchase equipment to enable such recordings, and making an appropriation therefor.
Relating to voting eligibility. Providing that only legal resident citizens who are at least 18 years of age or older who reside in the place they claim as a domicile shall be eligible voters.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.