When can citizens sue the state?

Last year the New Hampshire Supreme Court refused to rule on the constitutionality of the business tax credit scholarship program, stating that the person bringing the lawsuit had to show evidence of personal harm.

Now the New Hampshire Senate is considering a constitutional amendment that would give taxpayers the right to ask the state Supreme Court to rule on the constitutionality of any tax.

"In a state as small as ours, you ought to have the opportunity to hold government accountable through the court system," said Sen. Jeb Bradley (R-Wolfeboro), a sponsor of the amendment. "We probably have bipartisan agreement that people should have the ability to challenge laws as unjust or unconstitutional."

Howard Zibel, a lawyer for the Supreme Court, testified against Bradley's bill.  Zibel said the bill would give the courts too much power over the legislative and executive branches.  Zibel also warned that the amendment might open the state to a flood of lawsuits.