CACR11: relating to legislative acts as expressions of the sovereign will of the people. Providing that every act of the legislature enacted in accordance with the procedures of the constitution shall be conclusively presumed to be constitutional as the expressed will of the people.

CACR 11 - AS INTRODUCED

2003 SESSION

03-0499

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 11

RELATING TO: legislative acts as expressions of the sovereign will of the people.

PROVIDING THAT: every act of the legislature enacted in accordance with the procedures of the constitution shall be conclusively presumed to be constitutional as the expressed will of the people.

SPONSORS: Rep. Sorg, Graf 11; Rep. Gilman, Graf 9

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution makes all acts of the legislature constitutional as long as they are enacted in accordance with the procedures set forth in the constitution and house and senate rules. Courts are directed to enforce all such legislative acts.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular

type.

03-0499

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: legislative acts as expressions of the sovereign will of the people.

PROVIDING THAT: every act of the legislature enacted in accordance with the procedures of the constitution shall be conclusively presumed to be constitutional as the expressed will of the people.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That the second part of the constitution be amended by inserting after article 5-B the following new article:

[Art.] 5-C. [Legislative Acts, Presumption of Constitutionality as Expression of Sovereign Will of the People.] Every act of the general court enacted in accordance with the procedures set forth in this constitution and the rules of the senate and house of representatives shall be conclusively presumed to be constitutional as the expression of the will of the sovereign people of this state, and every court of this state shall enforce every such act faithfully in accordance with its terms and intent, and shall neither make any order nor establish any rule contrary thereto or in hindrance thereof.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2004.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2004 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2003 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending the second part of the Constitution by inserting after article 5-B a new article 5-C to read as follows:

[Art.] 5-C. [Legislative Acts, Presumption of Constitutionality as Expression of Sovereign Will of the People.] Every act of the general court enacted in accordance with the procedures set forth in this constitution and the rules of the senate and house of representatives shall be conclusively presumed to be constitutional as the expression of the will of the sovereign people of this state, and every court of this state shall enforce every such act faithfully in accordance with its terms and intent, and shall neither make any order nor establish any rule contrary thereto or in hindrance thereof."

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2003 General Court" shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.