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Bar News - September 3, 2004


President's Perspective ~ The Times They Are A Changin'

By:
 

THE TIMES THEY are a-changin’…or are they? As I write, a teenager schleps by with a head of hair his mother thinks is too long. (For some reason, she would like to see his face, or at least his eyes.) The skirts our daughters wear, however, never seem to be "too long." Interesting…that the teenagers of today have no admiration or respect for the fashion sense of their parents. Honestly, though, if we could reclaim our teenage years, would we rather look good to our parents, or appealing to the girls/boys prowling the mall?

In numerous other respects, the dynamics of parents and teens haven’t really changed since Dylan’s ballad was first released. In deference to that reality, the fashion advice I have imparted to all four of our children is simple: Don’t trust the fashion sense of any parent or anyone over 30.

Perhaps it is a good thing that the teenage struggle for independence clashes with the parental obligation to guide. The ensuing balance achieved after the struggle benefits both generations in the long run, as each grows and learns from the other.

Presently, as citizens, we are properly concerned with a proposed constitutional amendment on court rules appearing on the ballot this November (see accompanying article), school funding issues, and other important budgetary concerns. Such matters, naturally, and rightfully, bring into sharp focus our tradition of separation of powers among the three branches of government. All three branches have their purposes, and all three should perform their functions with zeal. Struggles between the three branches should be expected and welcome. The legislature should, and must, speak for its constituents; the executive branch should, and must, perform constitutionally-mandated duties; and the judiciary should, and must, decide the cases put before it and administer the justice system fairly and without favor. An unavoidable part of that task is to ensure the constitutional functioning and balance of power among all three branches of New Hampshire’s government. It is axiomatic that the continued success of our tripartite system of government is founded on the existence of an independent, co-equal judicial branch.

Obviously, interaction between the three branches in inevitably overlapping areas invites struggle and heated debate at times. I believe the process of struggle and debate is healthy for all citizens of New Hampshire. It is my hope that the children of our children will live in times with struggle and competition between the legislature, the executive branch, and the judiciary. Such an environment will certify that our democracy is healthy and properly functioning.

As an Association, we should be mindful of the process and respectful of any proposal or effort made by any one of the branches of our government. Respect does not, of course, impose upon us an obligation of acquiescence to any particular position or proposal. Respectful dissent, tempered with an open mind, will ensure the continuing success of our state government. The times may be a-changin’, but the tune stays the same. Peace.

James D. Gleason is the New Hampshire Bar President for the 2004-5 year. He practices in the Gleason Law Office, Henniker.

 

 

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