Blossom Dodge

I write today in strong opposition to HCR 11, a resolution that seeks to declare the judicial branch’s directives in the Claremont school funding cases as non-binding on the legislative and executive branches. This resolution represents a fundamental threat to the rule of law, the constitutional rights of New Hampshire’s children, and the state’s obligation to provide an adequate education for all students. The Role of the Judiciary in Protecting Constitutional Rights At its core, HCR 11 is a direct challenge to the authority of New Hampshire’s judicial branch. The separation of powers does not mean that each branch of government operates in isolation—rather, it ensures that one branch does not exceed its constitutional authority. The judiciary serves a critical function in interpreting the constitution and ensuring that the rights it guarantees are upheld. The Claremont decisions reaffirmed that the right to an adequate education is a constitutional guarantee, not a privilege subject to shifting political priorities. The courts did not dictate specific policies; rather, they required the legislature to fulfill its constitutional duty by defining and funding an adequate education. By rejecting these judicial directives, HCR 11 undermines the judiciary’s role as a check on legislative and executive power, setting a dangerous precedent where lawmakers selectively choose which court rulings to follow. The State’s Responsibility to Fund Public Education New Hampshire’s Constitution explicitly states in Part II, Article 83 that it is the state’s responsibility to “cherish” education. The Claremont rulings reaffirmed that this duty extends beyond mere encouragement—the state must provide a constitutionally adequate education to every child and ensure equitable funding across school districts. Rejecting these rulings places the future of our public education system at risk. Without the courts holding the legislature accountable, there is no guarantee that adequate and equitable funding will be provided to ensure all students, regardless of their ZIP code, have access to a quality education. This resolution opens the door for underfunded schools, increased disparities between wealthy and low-income communities, and a generation of children denied the opportunities they deserve. Weakening the Rule of Law and Inviting Legal Chaos HCR 11 attempts to create a legislative override of judicial authority, which is both unconstitutional and a dangerous attack on the rule of law. If the legislature can disregard the judiciary’s rulings on education, what prevents future dismissals of judicial decisions on healthcare, civil rights, or taxation? Furthermore, if the legislature chooses to ignore the Claremont rulings, legal challenges are inevitable. The courts have already ruled that the state has a constitutional duty to define, provide, and fund an adequate education. By rejecting this, the legislature will only invite costly lawsuits, prolonged litigation, and greater uncertainty for school districts and municipalities. Protecting New Hampshire’s Students New Hampshire’s students are the ones who stand to lose the most if HCR 11 passes. Education is the foundation of our democracy and economy—it prepares our children for the workforce, enables them to be informed citizens, and ensures the long-term prosperity of our state. If the legislature refuses to uphold its obligation to provide a fully funded, constitutionally adequate education, it is the students who will bear the consequences. Rejecting judicial oversight weakens accountability, removes safeguards for educational quality, and allows for the potential erosion of our public school system. The state must not turn its back on students by passing a resolution that allows the government to ignore its most fundamental responsibilities. Conclusion HCR 11 is not just an attack on judicial authority—it is an attack on the right of every child in New Hampshire to receive a fair and adequate education. Ignoring the Claremont rulings does not erase the state’s constitutional obligations; it only jeopardizes the future of public education, invites legal challenges, and undermines the balance of powers that ensures a functioning democracy. I urge you to reject HCR 11 and uphold the judiciary’s role in ensuring that the legislature fulfills its constitutional duty to fund and support public education. Our children’s future depends on it.