NH Constitution: Part 1, Article 28-A

NH Constitution:

[Art.] 28. [Taxes, by Whom Levied.] No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body.

November 28, 1984

During my second term as a Budget Committee, I started to ask a question of both the Town leaders and of the School Board: “how many programs is the State forcing us to do and for which they send no or not enough money?  Hey, why are we doing all these things for free?  Has anyone ever said “No” (or even bothered)?  Sadly, those that were elected had never even contemplated such a thing and when I pursued the question, no one could even answer the question.  Worse, when I started to dig in my heels on this, I got outvoted when I made a motion – nobody cared and the Selectmen and School Board did not want be bothered.  It was not worth their effort to say “look at the money we can save” and be willing to use the NH Constitution as a defensive shield (which is what this article is supposed to do to protect the taxpayers against predatory politicians).

Thus, I was somewhat cheered when I read this in the Laconia Daily Sun:

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Does the Gas Tax Bill The NH House Just Passed Violate the State Constitution?

NH House passes gas tax in violation of NH Constitution

The short answer is yes.  Yes, it does.  (The long answer will be nothing but excuses from its proponents.)

Part II, Article 6-a, states that any money raised through gas taxes (gas road tolls), must be used exclusively for public highways and “no part of such revenues shall, by transfer or funds or otherwise, be diverted to any other purpose whatsoever.”

[Art.] 6-a. [Use of Certain Revenues Restricted to Highways.] All revenue in excess of the necessary cost of collection and administration accruing to the state from registration fees, operators’ licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuels shall be appropriated and used exclusively for the construction, reconstruction and maintenance of public highways within this state, including the supervision of traffic thereon and payment of the interest and principal of obligations incurred for said purposes; and no part of such revenues shall, by transfer of funds or otherwise, be diverted to any other purpose whatsoever.

So HB 617 is unconstitutional.

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The War on Poor Children by Religious Bigots in New Hampshire

There is an excellent article over at Math Wizards, on the effort by some in New Hampshire to repeal a scholarship program for poor kids titled “HB370: A WAR ON POOR CHILDREN IN NEW HAMPSHIRE by RELIGIOUS BIGOTS?” The article observes that opponents are pointing to the NH State constitution as a reason for repeal, but … Read more

Guest Post – NH State Rep Jane Cormier “Just a FEW of the MANY Taxes We Pay…”

FEDERAL     STATE of NH    
  Income Tax     Property Tax:  
  Corporate Income Tax       Town Property
  Social Security       Town School Education
  Medicaid       State Education
  Capital Gains       County
  Marriage Tax Penalty     Inheritance & Estate  
  Workers Compensation     Business Profit  
        Meal & Rental Tax  
        Electric Consumption Tax  
        Meals & Rental Tax  
        Real Estate Transfer  
        (And there are many more….)  

“The way to crush the bourgeoisie is to grind them between the millstones of taxation and inflation.” Vladimir Lenin

On February 6, the NH House of Representatives voted on CACR 1, a bill which would have allowed citizens to vote on this constitutional amendment. CACR 1 basically declared a 3/5 majority vote in the NH House would be necessary to pass any legislation imposing new or increased taxes or license fees on the citizenry or to authorize the issuance of state bonds. (Might it be, if we shut down the spigot for a while, the “powers that be” may actually have to budget in a fiscally sound manner as do so many of NH citizens? Might the “powers that be” actually need to seek consensus before forcing citizens to pay increased fees or taxes that THEY deem appropriate? Might it be, if we have to have a majority vote before raising taxes or fees, the budgeting may be more transparent and streamlined?) Of course, the answer is yes to all those questions. Unfortunately, many of our state representatives did not agree. CACR 1 was voted Inexpedient to Legislate (which just means “kill the bill”) by a vote of 206 to 149.

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“Come and Take them” – a “Line in the Granite” rally to tell NH Legislators just that

Tom’s post has the link to what the Greek actually means, when first spoken at Thermopylae when the Spartan 300 held off the Persian  (English comes close with Molon Labe) armies that outnumbered them hundreds to one.   On January 31 (Thursday, 12 noon) there will be another assemblage of those willing to stand up … Read more

Guest Post by Lee Schalk – “Question 1: Live Free or Tax Harder”

Question 1: Live Free or Tax Harder

By Lee Schalk, National Taxpayers Union State Affairs Manager

Whichever way they identify themselves politically, Granite State citizens who abide by the “Live Free or Die” motto tend to agree that government has a spending problem, not a revenue problem. For New Hampshire, one of the State’s trademark features is its lack of a personal state income tax, and Question 1 is an opportunity to enshrine that freedom in the constitution.

Positioned in the Northeast amongst largely liberal leaning, tax-and-spend states, New Hampshire has remained one of the most attractive states for businesses and individuals, thanks to the absence of punitive state income and sales taxes. In fact, New Hampshire was recently ranked seventh in the Tax Foundation’s 2013 State Business Tax Climate report, while the rest of the Northeast failed to crack the top twenty.

For the sake of economic competition, neighbors Vermont (47th), Maine (30th), and Massachusetts (22nd) would be wise to follow New Hampshire’s lead on the state income tax, and get rid of it. Though, it’s likelier they’ll seek more money from taxpayers than reform their governments, and breathe a sigh of relief if Question 1 fails.

For their part, New Hampshirites seem to be divided into three camps on a constitutional income tax ban: for and against, and those who are on the fence because they’re hesitant to alter the State Constitution in any way.

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GrokTV: “After Testimony” interview with – Sue DeLemus, Warren Groen

Both NH State Representatives Sue DeLemus and Warren Groen, testified before the City Council (against the Granite State Future Plan); both agreed to talk with GraniteGrok afterwards about whether or not they had words that didn’t get said, or items they wished to emphasize, like: “These people worship at the alter of Energy Conservation…they want … Read more

Water Sustainability Commission (a subset of the Granite State Future Plan, aka Sustainable Communities Initiative) – their own words. First Rep. Spang in her own words

UPDATE before publishing:  Apparently, Judith has responded to Ken and invoking both International Law and the World Court?  That’s only by email, but THIS I have to see!

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Our mission here at the ‘Grok is to promote and to protect Individual Freedom, Liberty, and Rights.  Period.  Sure, we do other things as well, but that is our main focus and raison d’etre.  I’ve been focusing on that my last few posts as the Federal mandate of the Sustainable Communities Initiative by the Federal Government (HUD / EPA / DOT) has, all of a sudden, climbed its way up the ladder from the muck in which it was derived.  And muck it is, and it has spread.

As Ken Eyring has pointed out, the Granite State Future Plan is being spearheaded by the NH Legislature spawned 10 Regional Planning Commissions with the intent, now funded with Obama money, to override local control here in NH by pushing for new zoning laws (back up with threats of lawsuits).  These are a fourth level of Government, creatures totally created by legislative statute that have no connection to the NH Constitution.  It is staffed by locally appointed members (for instance, my DPW department head is my town’s representative on the Lakes Region Planning Commission) with some paid staff.  They get State funding and also go around grubbing for town taxpayer monies by “billing” on population (e.g., “you have X number of people on town; based on $XX.XX / person, you should give us a total of….”).  Starting off as simply a way to “coordinate” transportation usage, they now do all kinds of things (when did road management make them experts in broadband deployment?) that stray far from their original mission (like all good bureaucracies do!).

One of the things the zoning changes are going to do is push for higher density “center of town” living; whether or not it makes sense, these Federal clowns want “livable centers” where you can walk from your home above places of business, walk to work, and walk to work.  Need to go somewhere else?  IF you take the time, you will find out that you will be “nudged” to use public transportation.  Mass transit isn’t even ‘sustainable’ in cities already – how would that work out here in rural NH – Oh yeah, they have a solution for that, too, but that’s for another post.

And it will be done, bit by bit.  In a later post, I go through and use some of what the Water Sustainability Commission and others have said, in their own words, to “shape the battlefield“.  In the mean time, let’s start with what has already been posted.  Even Judith Spang, in her response to Ken, starts with the individual but then immediately goes to the Town level, as if the individual Right never existed:

1. Groundwater Law in NH is based on Common Law, not statutory law. The common law (dating back to English Common Law) says unequivically that a riparian landowner has the right to “reasonable use” of water flowing under or abutting his land.  “Reasonable use” is a limitation: you cannot take so much water that you are depriving someone else who has riparian rights to the same groundwater or surface water.  Neither you nor a foreign water bottling company who may own the land next to you has the right to take so much water out of your (or their) well that it dries up abuttors’ wells.

2. When the Commission talks about the need for a water policy that respects the inter-municipal nature of water supplies, it is based upon the above legal principle.

And then explicitly denies the Individual their property Rights:

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Are we all about to start losing our private property rights? A parting gift from Gov. Lynch? Guest Post by Ken Eyring

Did you know that there is an executive commission that was set by Gov. Lynch to talk about water?  No big deal you say – yes it is.  Many homes in NH, if not most, depend on the water on their land for wells – or to be more technically correct, under your land.  Common law has been that what resides under your land belongs to you.  Period.  How do you think all those “shale millionaires” are now rich?  Wildcatters and energy companies are paying big bucks to explore and to frack the natural gas that lays under their land – and because they own it.

This “Lynch’s Last Gift” (“LLG”) wishes to administratively change this.  No House debate.  No Senate debate.  Just poorly noticed “listening session” (mostly during the day when ordinary people are working – but certainly attended by those that have NO problem in determining that your water belongs to them, er, all of us – the Collective.  THEY may not own the water, but they, sure as shootin’, are going to be the ones that will make the rules on how you can (or cannot) use that water.

That is under your property.  That you paid for when you bought your property (know it or not).  Ken Eyring has been tracking this situation for a little while and saw that they are looking for comments, so this is what he wrote (emphasis mine):

My Reply to the NH Water Sustainability Commission’s Request For Public Comment

The Water Sustainability Commission is seeking input from the public regarding management of NH’s water over the next 25 years — but unfortunately, they are not consistent with their collection methods.  They have published an online survey using Survey Monkey, and the questions are written in a way that can be easily skewed to support almost any conclusion.  There is no way to ensure the integrity of the results, since anyone can log on and take the survey multiple times.  In addition, from the beginning of July until July 19th, they accepted Public Comments without requiring identification.

Because of the importance of water to so many aspects of our lives, including life itself, my concerns were elevated as it became clear that the commission perceives all NH water as property of the state — disregarding our riparian water rights to the water in the wells on our personal property.

With all that in mind, I wanted to make sure I provided my concerns to the misguided direction the commission has taken since its inception — and to encourage everyone else to do the same by using this email address: watersustainabilitycommission@gmail.com, or via US Mail to the address below.  The deadline to provide feedback is July 31st.

Here is the letter that I sent to them:

Water Sustainability Commission
c/o Synchrony Advisors, LLC
10 Myrtle Street
Exeter, NH 03833

July 18, 2012

Dear Commissioners,

You have asked for public comment regarding “managing the water challenges faced by New Hampshire over the next 25 years.”

I’ll begin by expressing my belief that everything you eventually propose to the Governor should be based upon respect for our Constitutional Rights.  In one of your recent meetings, one of your commissioners raised a concern for Constitutionality… and I was stunned to hear another commissioner dismiss those concerns by stating they will let the courts decide That is a reckless disregard of the responsibilities that you have been entrusted with.

Your commissioners have also made statements that disregard our riparian rights to the well water on our personal property.  Some examples include:

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“There may yet come a day when you will have no choice.”

Steve beat me to it in using the Second Amendment support from Ice-T (“The right to bear arms is because that’s the last form of defense against tyranny.”); it was going to be my lead in for this post I found over at Hot-Air where the money line, THE important line, is the title to this post:

That was the moment when it hit me. The combination of that premise taken by anti-gun groups with the previous historical perspective on our country reminded me of what may be the most important piece of the puzzle. When having this conversation, it’s far too easy to say, “Oh! Of course we don’t want to kill people! So let’s discuss your proposition.”

It’s time to come out with it and speak the plain truth which was born and bred into the very soul of the United States from day one:

There may yet come a day when you will have no choice.

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GrokTV Event-Granite State Institute of Politics Republican Gov. Debate – Questions 9 – 12

And now for the third set of four questions (list of previous questions and their links after the jump) from the Granite State Institute of Politics Republican Gov. Debate that was hosted by John Burt, questions asked by Speaker Bill O’Brien and  Alex Talcott , and answered by the Candidates for the Republican nomination for NH Governor, Ovide Lamontagne and Kevin Smith.

Question 9:

One of the least known aspects of Obamacare is how it seeks to hijack State finances in order to expand insurance coverage particularly in the area of Medicaid. One area it does this in is doubling income elegibility.  That’s the aspect to bring forward the decision. That’s the aspect and the reason for the Supreme Court decision that it is optional to the States.  Can you tell us whether or not NH should take up that option and expand its population?  As part of your answer, can you tell us where Medicaid is going in NH and how NH is going to finally be able to protect its sovereignty from the Federal Government trying to push us to overspending here in NH?

Question 10:

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GrokTV Event: NHCC’s seminar on NH Constitution-Article 73A “Judicial Tyranny?” – Question and Answer

At the end of the event sponsored by the National Heritage Center for Constitutional Studies on the NH Constitution:

Seminar and Panel Discussion on “Coming to terms with the rulemaking power of the Judicial Branch and its impact on personal liberty: Article 73-A.

was a Question and Answer period moderated by the M.C. for the evening, Patriot Pastor Garrett Lear.  Questions were taken from the well attended crowd and it lasted about 45 minutes (which I have split into 3 parts, with parts 2 & 3 after the jump).

Part 1:

Previous posts:

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GrokTV Event: NHCC’s seminar on NH Constitution-Article 73A “Judicial Tyranny?” – Rep. Gregory Sorg & Rep. Paul Ingbretson

National Heritage Center for Constitutional Studies on the NH Constitution:

Seminar and Panel Discussion on “Coming to terms with the rulemaking power of the Judicial Branch and its impact on personal liberty: Article 73-A.

And!  Continuing with our coverage of this event (Intro, Hon. Dan Itse & Hon. Paul Mirski), we had two more NH State Representatives speak to different aspects of this issue: is the NH Judiciary out of control, and if so, is there a remedy, and what can the Citizens do about it?

NH State Rep. Gregory Sorg:

NH State Rep. Paul Ingbretson:

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GrokTV Event: NHCC’s seminar on NH Constitution-Article 73A “Judicial Tyranny?” – Rep. Dan Itse & Rep. Paul Mirski

National Heritage Center for Constitutional Studies on the NH Constitution:

Seminar and Panel Discussion on “Coming to terms with the rulemaking power of the Judicial Branch and its impact on personal liberty: Article 73-A.

After the Intro Ceremonies conducted by M.C. Patriot Pastor Garrett Lear, NH State Representative Dan Itse took the podium to give his take on the NH Constitution, a history lesson, some comparisons with other state constitutions, and his general take on the relationship of the people to those that are stewards of the peoples’ power by election and appointment:

After the jump, NH State Rep. Paul Mirski continues the discussion:

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Announcement – Shades of Tyranny” – a panel discussion on the NH Constitution with NH Rep. Ingbretson, Itse, Mirski, Sorg

Bumped! – GraniteGrok will be there (well, as soon as we can after work!) NH’s own Patriot Pastor, Garrett Lear, will preside over the discussion.

GrokTV Special Event: GSPLPAC TEA Party – The Speakers Part II: Rep. Dan Itse, Irena Goddard, Karen Testerman

In addition to Nat Healy and Dr. Joe Tarta, there were three more speakers:

  • NH House Representative Dan Itse on the NH and US Constitutions
  • Irena Goddard, Freedom activist,  speaking about life growing up in a Communist nation and why she is scared for America
  • Karen Testerman, founder of Cornerstone, speaking on traditional values.

Dan Itse (he of the tri-corner hat!):

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A NH GOP Legislative Masterstroke

A proposed NH state constitutional amendment banning the introduction of a state income tax has been voted out of committee with a recommendation that it "Ought To Pass." The full State House will vote on it in January. Not surprisingly, Democrats deplore it—great angst!—because their true agenda is being exposed to open examination and debate. That is…

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GrokTalk! Saturday August 13, 2011

Grok Talk Goes mobile as we broadcast live from the Draft in Concord NH. They join us a GrokTV special event as we participate in Representative Dan Itse’s Class on the New Hampshire Constitution.

The NH Constitution with Dan Itse – Introduction

GraniteGrok is privileged to present the first of a series of expositions by Dan Itse, New Hampshire State Representative and acknowledged to be one of the most knowledgeable elected legislators concerning the NH Constitution (as well as the US Constitution).    This first installment is a brief history of the NH Constitution and sets the … Read more

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