New Hampshire Republican prepares bill which would make the state Attorney General an elected official
There is a battle brewing here in New Hampshire between the newly elected Republican legislature and the Attorney General, Michael Delaney, over the healthcare reform law.
The new Republican led Congress in the state wants New Hampshire to join the other states in challenging the constitutionality of the healthcare reform legislation, but the Attorney General is reluctant to do so. The reason that he is reluctant to do so is because he was appointed by Governor John Lynch who supports the healthcare reform law and opposes challenging it in the courts.
Because of this the Republicans in the state have introduced legislation in the House that would mandate the Attorney General to challenge the healthcare reform legislation. Needless to say Michael Delaney is not too happy about this pending legislation, claiming that it violates the New Hampshire constitution’s separation of powers doctrine and would make it impossible for him to be an independent Attorney General.
Because of this, Republican Kenneth Weyler (my state representative and from my town of Kingston) who sponsored the bill which would mandate New Hampshire joining the lawsuit against healthcare reform, has come up with another solution.
First, a little background: New Hampshire is one of only five states where the Attorney General is appointed by the governor. Ken Weyler is now ready to sponsor legislation to change that, claiming that as currently constituted, the Attorney General is nothing more than a “governor in waiting” whose position is more of a political position than anything else. And he is right about that.
He is readying legislation that would make the Attorney General position elected by the state legislature. This may be good in regards to the healthcare reform legislation and this may be good in the short term, but this certainly doesn’t seem like a better alternative to me on a long term basis. It would be naive to believe that the Republicans will hold a majority in the state legislature indefinitely, and even if they did, this would make the Attorney General beholden to the state legislature instead of the governor, is this really any better than the current system? If you are a Republican it may seem so right now, but as I said, sooner or later the Democrats will have control again and we will be in the same situation. What difference does it make if the Attorney General is elected by the state legislature or appointed by the governor, in either case this will still be a political position.
Ken Weyler is on the right track with this legislation, the Attorney General probably should be an elected official, but he or she shouldn’t be elected by the state legislature. Ken Weyler is a good man and a solid conservative, but I would rather see New Hampshire join the other 43 states in the union and let the people elect the Attorney General. Then and only then will the Attorney General be held accountable to the only sovereign which should hold this power–the people of the state.
Let the people of New Hampshire decide if the Attorney General is doing a good job and vote accordingly; this is the only solution that will assure that the Attorney General is not making decision based on politics, but rather is doing what he or she feels is best for the people of New Hampshire.
America's Watchtower 
Geez, Steve, what’s this guy Weyler smoking? permitting the legislature to select a key member of the Executive Branch would undermine the office’s independence, and the Executive Branch’s integrity.
How could a Governor from the party not in control of the legislature ever issue directions to the AG?
I agree with you – an AG appointed by the Governor reduces the AG’s standing and credibility. Let the people choose the AG!
Take good care and may God bless us all!
TGY
(See, there’s probably a lot that we agree on, even though you’re conservative and I’m liberal!)
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Weyler is a man that I respect very much, but I think this effort is a bit misguided. The current system in New Hampshire with regards to the AG is not what I consider to be best idea with the governor appointing him, but Weyler’s solution is not any better. Under both systems the AG would be at the mercy of the government, just different aspects of the government. The only way to solve this problem would be to let the people make the ultimate decision as to whether the Ag is doing a good job or not.
It is a little scary that we have agreed on so much so far this year. Usually we agree on a few issues, but so far this year we have agreed on most. 🙂 I think that we both have a middle ground on certain issues that we agree upon.
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I have a big problem with the way these guys are going about this. New Hampshire has a constitution just like the US does, just because this representative doesn’t like how it is written he wants to pass legislation to change it? Isn’t this what conservatives are griping about the liberals doing in congress? I assume New Hampshire has an amendment process to their constitution – and I assume it is more than just passing a bill. Most states require a popular vote for amendments. If he wants to change the constitution of New Hampshire, he should do it the way one is supposed to, through popularly approved amendments.
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My bad, I think that I misrepresented what Weyler is trying to do here. He actually is planning to introduce a constitutional amendment to change the way the AG is appointed–it would first have to pass the legislature before the people voted on it. But it would have to be voted on by the people before it became law. I for one don’t see much of an improvement with this idea.
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Ahh, then I have no complaints. =) Thanks for clarifying.
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I still think if we are going to do this we should let the people be the ones who vote on the AG and not the legislature.
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Put the AG on the ballot with everyone else. I don’t know why they’re making this more complicated than it is. Let the people decide. Just a bump in the road though. From what I see, NH has it together more than most other states.
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I didn’t realize until I wrote this that there were only a total of five states where the AG was appointed by the governor. One state has the legislature elected the AG and another has the state Supreme Court select the AG, the other 43 states let the people decide–I think we should joint that last group.
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I guess we should be thankful for one thing that the Republican State legislature passed rule, they didn’t use their guns today to settle the dispute.
NH Constitution:
Firing Handguns and Self Defense
New Hampshire residents have the right to own and use a gun in defense of their properties and families. However, the freedom of self-defense ends at the property line. Carrying a loaded weapon in public buildings or places where others may get hurt is unlawful, even if it is for the purpose of self-defense. Even if the gun is never fired, penalties apply when:
Persons are under a protection order
Firearms in a court room is prohibited
Using Teflon coated bullets is a felony
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Which isn’t surprising because Republicans believe in the constitution and the process laid out in it. Whereas it is the Democrats like Mike Capuano who is insighting violence and it is the union thugs who are pushing girls to the ground in Washington DC because they are upset at the political process.
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