Claremont Crisis

Statement by former gubernatorial candidate for the Libertarian Party Ken Blevens

This proposal emphasizes the responsibility of those using the system to control the quality and cost of their individual systems. To accomplish this, legislation is needed to set the "state" level of adequacy at zero. This removes any liability and cost from the State and places the responsibility with each individual community. No constitutional amendment is required. Zero taxes and 100% control meets the framers' requirements that taxes must be "factually proportional" and "reasonable" upon the inhabitants, as well as, maintains the spirit of a free society. Court intervention is limited as follows; 1. No. 99-086 OPINION OF THE JUSTICES March 11, 1999 "The legislature has no power to make a statute dependent on such a contingency, because it would be confiding to others that legislative discretion which they are bound to exercise themselves, and which they cannot delegate or commit to any other man or men to be exercised." Hayes,61 N.H. at 326-27 (quotation omitted). The general principle that a body, acting under delegated authority, cannot redelegate its powers to some other person or body, is a well-settled point in American law. The court can not usurp the delegated authority as it can not be redelegated in the court own words. 2. The "law" of the court, as promulgated under Part 2 Article 73-a, demands that the Supreme Court Justices recuse themselves as they would have a personal financial impact from any decision rendered regarding adequacy levels and their rules (that have "the force and effect of law") require recusal. 3. The legislature could do anything it wanted regarding education without a gun to their head by simply maintaining an official level of adequacy at zero.