In 1984 the People of New Hampshire amended their Constitution to prohibit Christmas tree Budget bills:
NH Constitution pt 2, [Art.] 18-a [Budget Bills.]
All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government.
November 28, 1984
Yet, here we are twenty-seven years later, fighting over who gets to decorate our Christmas tree Budget bill.
The current 2021 Budget bill is unconstitutional and should be killed.
House RINO leadership convinced committee chairs to table controversial bills to protect the Senate and larded up the Budget bill with them. They knew that the anti-Critical Race Theory bill, HB 544, and bills to restrict Sununu’s State of Emergency powers, were dead on arrival in the Senate. They protected the Senate from having to vote publicly down those bills individually.
RINO House leadership encouraged the Republican caucus to approve an unconstitutional Budget bill. They loaded the committee of conference with RINOs, guaranteeing the outcome. Rank and file Republicans were suckered. The real fight was over months ago. The People lost.
An attempt could be made to use Article 18-a to sue to overturn the Budget’s expanded State of Emergency provisions, but given the the judicial corruption exemplified by Chief Justice Gordon MacDonald, that’s a long shot.
The only recourse is to kill the Budget bill and start over again.
Why bother requiring legislators to take an oath to uphold the Constitution if we all know that they’re going to deliberately trample the Constitution? This is a problem on both sides of the aisle. You can’t claim to be a Constitutional legislator if you ignore the Constitution whenever expedient, “for a good cause.” Once you’ve conceded the moral high ground, you have no credibility to argue against authoritarians.
The People need a constitutional Recall provision, immediate recourse to remove elected and appointed officials who fail to uphold the Constitution, whether by ignorance, incompetence, or malice.