This resolution seeks the opinion of the New Hampshire Supreme Court regarding the state's constitutional obligations to provide an adequate education, as outlined in Part II, Article 83 of the state constitution. The article emphasizes the importance of education for the preservation of a free government and mandates that legislators promote literature, sciences, and public schools. However, there are ongoing questions about the enforceability of this duty, the limits of judicial review, and the legislature's exclusive authority over taxation and appropriations.
The resolution poses several specific legal questions for the court to clarify, including whether the duty to "cherish" education creates a judicially enforceable right to state funding, the extent of the judiciary's power to compel legislative appropriations for education, and whether the adequacy of education can be determined by judicial standards or is a political question. Additionally, it inquires about the potential for local variation in educational opportunities, alternative means for fulfilling the constitutional duty to support education, and the historical context of public education funding in New Hampshire. The House of Representatives requests that the court provide guidance on these matters to better understand the state's obligations and the role of the legislature in education funding.