HCR 26 (2011, retained) - To nullify the Claremont Decision

posted Nov 29, 2011, 6:09 AM by Bill Duncan   [ updated Apr 1, 2012, 5:10 AM ]
Docket  Referred for interim study

SPONSORS: Rep. Balboni, Hills 21; Rep. Mirski, Graf 10; Rep. Winter, Merr 3; Rep. Sorg, Graf 3; Rep. Itse, Rock 9; Sen. Forsythe, Dist 4

Official analysis: This concurrent resolution declares that the Claremont case’s mandates that the legislative and executive branches define an adequate education, determine its cost, fund its entire cost with state taxes, and ensure its delivery through accountability, are not binding on the legislative and executive branches.

From House Calendar 70: Rep. Laura J Gandia for the Special Committee on Education Funding Reform: While the majority of the committee echoes the sentiments contained in HCR 26 such as the constitutionality of the Claremont decision, the doctrine of separation of powers, the importance of local control, etc., the committee believes that there other pieces of pending legislation that address the issues raised in HCR 26. Therefore, the committee recommends that this bill be referred for interim study. Vote 14-1

HRA Analysis: At the risk of sounding grandiose, HCR 26 is akin to the Declaration of Independence. There, the king had usurped the rights of the states and the people, and the Declaration was written to say, 'No more, we will no longer allow a tyrant to trample our rights'. Though the Declaration, in and of itself, had no legal standing, it became an educational tool and the rallying cry for all colonial patriots, and the rest is history. HCR 26 is the legislature's declaration that the judicial branch of our state government has, through their Claremont education funding decisions, usurped the constitutional authority of the other two branches to enact law, set education policy, and funding. HCR 26 specifies several grievances where the judiciary overstepped its constitutional bounds and legislated from the bench. Our party platform strongly supports educational control by localities and the people's elected representatives rather than the courts.

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