This resolution asserts that the directives issued by the judicial branch in the Claremont cases, which require the legislative and executive branches of New Hampshire to define an "adequate education," establish "standards of accountability," and ensure "adequate funding" for public education, are not legally binding. It emphasizes the importance of maintaining the separation of powers among the three branches of government—legislative, executive, and judicial—as outlined in the New Hampshire Constitution. The resolution argues that allowing the judiciary to dictate educational policy would undermine the republican form of government and set a dangerous precedent for judicial overreach into legislative and executive functions.
Furthermore, the resolution contends that the judicial branch has historically refrained from asserting authority over educational policy and has only reviewed the constitutionality of statutes and actions related to education. It posits that the legislative branch has the constitutional authority to determine educational policies without judicial interference. By rejecting the Claremont directives, the resolution aims to preserve the independence of the legislative and executive branches and uphold the constitutional limits of each branch's powers.