Part 1 is here. This second installment (and afterwards for a while – it’s looking like merely two posts is not going to do this topic justice) is to talk about the salient points of the text of RSA 91-A. That is, the DOs, the DON’Ts, and the GOTCHAs. Later, I’ll talk about strategy and tactics in how to use it (sometimes, very straightforward and sometimes, not so much). So let’s get to it, shall we?
II. Is it Constitutionally based?
I blame the need for this question on the very poor education that our NH-based schools do in the area of Civics. You know, how did our Founders design our Government, what was the history behind that effort, the philosophy that was employed (certainly NOT “progressive” or “socialist”), and what do all the parts of our NH Constitution do? And in this tutorial series, we need to answer the most important question FIRST: Is it Constitution?
And for those of you that received your education during the last two or three decades, the reason why that question IS important is that the Constitution is our “Fundamental Law”. It is our foundation and the most basic Law of the State. All other attempts to create law, ordinances, policies, and regulations MUST be coherent within the strictures of the NH Constitution.
“Strictures, you say, Skip”? Yep, strictures. Boundaries, no-go areas, limitations; the Constitution, first and foremost, is a fence that was created to keep the Power of Government dispersed and not easily aggregated into the hands of one person – or a cabal of a few people. The reason for that is that is rather simple – when Power (Governments have Powers, Individuals have Rights) is closely held, the Freedoms and Liberties of us all are at risk. And THAT is THE purpose of Government in our American Civics system:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Rights come first – then Government. Government cannot “bestow” or give rights to others – but it can take, infringe, or limit those Rights when enough people vote (or their elected Representative vote) to do so given that they no longer know or recognize what their Rights are (and no, housing is not a right, nor drinking water; a Right is part of YOU as a human – my Right to Free Speech is not dependent on anyone giving me anything. It is totally self-contained within you).
So, with that done, what is the Constitutionality, from a New Hampshire perspective, the NH RSA 91-A law commonly known as the Right To Know law (and sometimes referred to as an “RTK”)? Right here – in the NH Constitution, Part 1:
Sidenote: And oh, by the way, notice that our (NH)’s Bill of Rights is FIRST in our Constitution – and Government is mentioned second. Priority matters and it shows “People over Government”.
Emphasis mine:
[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government. Therefore, any individual taxpayer eligible to vote in the State, shall have standing to petition the Superior Court to declare whether the State or political subdivision in which the taxpayer resides has spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. In such a case, the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer. However, this right shall not apply when the challenged governmental action is the subject of a judicial or administrative decision from which there is a right of appeal by statute or otherwise by the parties to that proceeding.
So first lesson – a great question to ALWAYS ask is this: Is it Constitutional? As soon as anyone starts to deflect from it, refuses to answer, laugh at them and tell them “you just lost”. However, we see the justification for having NH RSA 91-A IS Constitutional. The Constitution is telling Government “you WILL be subject to the peoples’ inquires”. Article 8 sets the foundation for RSA 91-A – the design is set. Right To Know is the scaffolding that provides the pathway and ability for carrying out that which is already our Right – an accountable Government.
The Preamble (or preliminary part) of RSA 91-A echoes this back to us:
91-A:1 Preamble. – Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.
So, the loop is “closed” – establish the Right in our Constitution and then give us the equipment to carry out our Responsibility. Yep, Responsibility – Rights to not exist in a vacuum. The founders wanted an “ordered” Society. No, not being ordered around but well functioning and civil. However, some Representatives really do believe that Government is SUPPOSED to boss us around):
- NH State Rep Kris Roberts (D): “Government has to protect us from our own stupidity.”
- NH State Rep Leigh Webb (D): “The role of government is to legislate behavior“
This is Government [reigning] over People – the exact opposite of what our Founders had designed.
Back to Responsibility. It is my belief that we must exercise Responsibility (and self-restraint) in order for this American Experiment to continue to be successful. I do have my doubts and we hear too often “MY RIGHTS SAY <insert almost anything here>”. With both the Right and Left (mostly the latter) holding that almost any good idea has to be a Right, Rights become useless and Responsibility is almost a nullity in today’s Society – except when the protester scream “YOU HAVE TO GIVE <such and such> to me!!!!!”. Like free food, housing, education, cell phones, cable, medicine…see where this is going?
ANYWAYS, back to the topic. Our most valuable tool is Constitutionally based. Those in Government swear an oath to uphold the Constitutions. From that flows the Right that we can demand things from them that we believe are going astray for them to show they are acting lawfully.
Next installment will talk about Definitions. While it may seem mundane and you might think “I’ll wait until Skip gets to the “meat of RSA 91-A”, Definitions MATTER. And they matter a LOT because once you change a definition of a word (as the Left keeps doing to achieve a political agenda), an entire law can mean the opposite of what it did when first written.
