THE STATE OF NEW HAMPSHIRE
SUPREME COURT
1999 TERM
AUGUST SESSION
Claremont School District, et al
v.
Governor, et al
No. 97-001
MEMORANDUM OF LAW IN SUPPORT OF PETITION
TO INTERVENE AND MOTION FOR RECONSIDERATION
NOW COME the Honorable Representatives of the New Hampshire House of
Representatives, Rep. John Alger, Rep. Jon Beaulieu, Rep. Robert Boyce, Rep.
C. David Corbin, Rep. Howard Dickinson, Rep. Michael Gilman, Rep. Maurice
Goulet, Rep. Godfrey Howard, Rep. James Johnson, Rep. Constance Jones, Rep.
Richard Leone, Rep. Karen McRae, Rep. Paul Mirski, Rep. Edward P. Moran,
Jr., Rep. Ed Putnam, Rep. Marshall Quandt, Rep. Bernard Raynowska, Rep.
Thomas Rice, Rep. Ralph Rosen, Rep. George Rubin, Rep. Tony Soltani, Rep.
Nancy Stickney, Rep. Gary Torrenson, Rep. Phil Weber and Rep. Kenneth Weyler
(Petitioners), and submit this Memorandum of Law in Support of their
Petition to Intervene and Motion for Reconsideration.
MEMORANDUM OF KENNETH E. BLEVENS SR. ET. ALL.
AS AMICUS CURIAE
Because myself and others have an undeniable interest in the above petition
to intervene and motion for reconsideration we ask that the court be
mindful of these issues.
1. That as this court has stated; OPINION OF THE JUSTICES (Tax Plan
Referendum) March 11, 1999
[W]e recognize the doctrine, so often expressed, that we have nothing to do
with the propriety, expediency, or policy of any law; and that these
considerations concern the legislature, and not us; that our sole duty, when
the validity of any statute is challenged, is to ascertain and declare
whether it conflicts with the constitution as the paramount law, leaving all
other considerations with the legislature and people, where they of right
belong. (Emphases and underlining mine)
Express Co., 60 N.H. at 234 (Stanley, J.).
David A. Brock
William R. Johnson
W. Stephen Thayer, III
Sherman D. Horton
John T. Broderick, Jr.
Therefore; I (WE) ask that this Court be mindful that it is limited from
controlling ( changing ) that paramount law for benefit or disadvantage.
1. I (WE) ask this Court be mindful that, that paramount law can only be
changed or altered by two-thirds of the voters when properly presented to
them. I (WE) refer specifically to this portion of the ruling of this court;
"House of Representatives, Floor Debate on HB 117 Conference Committee
Report, April 29, 1999. Because both parties agree that if the property tax
portion of the Act, including the phase-in, is struck down as
unconstitutional, the remaining provisions of the Act are severable, and
because the legislative history supports this agreement, we concur."
2. The defendant in the above case was and is "The Governor, et al." That
paramount law
demands only three things of the Governor regarding legislation, sign the
legislation into law,
let the legislation become law without a signature, or veto the legislation.
The executive powers
granted to the governor by the constitution can not be altered to approve or
disapprove only a portion of any legislation. That is the sole authority of
the legislature. The Court can not rule authority exists in the defendant
executive that rightfully is that of the legislature. Therefore the Court
should reconsider ruling HB 117 unconstitutional entirety.
3. The alternative is that the parties in the petition now before this court
must have standing as constitutionally they and only they have the sole
responsibility to "change law" as representatives of the people. This Court
made it's commitment to constitutional authority clear in it last ruling.
"For this court to sanction an unconstitutional system of taxation would
require us to ignore long standing constitutional principles." The
constitutional principles of separation of powers must be adhered to with
the same consideration by this Court.
4. I (WE), in addition, ask that this Court find, since the "School Tax" is
unconstitutional, that those collecting said tax are in violation of said
paramount law and that you order the tax be removed from any existing
property tax bills and, immediately refund any amount collected, unlawfully,
with interest forthwith.
Respectfully submitted,
Libertarian Kenneth E. Blevens Sr.
2 Valley Road
Bow New Hampshire 03304
New Hampshire Politics
P.O. Box 1120
Merrimack, NH 03054
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