New Hampshire Constitution
Encyclopedia
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire
, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
The constitution is divided into two parts: a Bill of Rights and a Form of Government. Subsections of each part are known as articles. For example, the subsection dealing with free speech and liberty of the press is cited as "Part I, Article 22" or "Pt. I, Art. 22."
, including free speech, freedom of the press
, jury trial
s, freedom of religion
, and the right to bear arms
. It protects citizens against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers. In most cases, the state constitution affords more specific protections than the U.S. Constitution. Unlike the U.S. Constitution, New Hampshire's Bill of Rights has been amended regularly since its adoption.
" in their state constitutions. The Right of Revolution dates back to the Revolutionary War
. Article 10 reads:
...if the taking is for the purpose of private development...." was ratified in 2006. It was one of many actions that various states took, in the wake of Kelo v. City of New London
the previous year, to limit the uses of eminent domain permitted by that decision.
s except for "actual services...and never for more than one year at a time." Article 36–a was added in 1984 to clarify that the state retirement system is constitutional, and to earmark its funds to pay the benefits due retirees.
. The remainder of Part II is subdivided in the following sections:
and its authority to establish courts, enact state laws
affecting the Government of New Hampshire
, providing for the State's emergency powers, gather funding and use collected monies.
and the United States House of Representatives
.
Articles 10 and 13 have been repealed.
Article 15. Compensation of the Legislature, fixes the pay for the General Court members at $200 per term (two years) and $250 for the presiding officers. Legislators also receive mileage for "actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature."
Articles 38 - 40 describe how state officers may be impeached
and be punished for bribery
, corruption
, malpractice
or maladministration, in office. The House of Representatives is charged given the authority to impeach state officers, while the Senate hears, tries, and determines all impeachments made by the House. The articles also state the rules for the Senate's impeachment hearings and provides for the Chief Justice of the New Hampshire Supreme Court
to preside over the impeachment hearings involving the Governor, but not have a vote.
, originally styled "President," is the supreme executive magistrate and is titled "His Excellency
". The Governor is given the sole authority to command the New Hampshire National Guard
and sole right to sign or veto bills and resolutions passed by the General Court and is charged with the "faithful execution of the laws". The Governor is elected to a two-year term at the November biennial elections; and must be 30 years-old and have been a resident of the state for seven years at the time of election.
With the advice of the Executive Council
, the Governor has the authority to call the General Court in to session when in recess, to adjourn it early, and dissolve the General Court as required for the welfare of the state. The Governor, with the advice of the Council, has the authority to pardon
offense not for impeachment; and to nominate
and appoint all judicial officers, Attorney General, and all officers of the navy, and general and field officers of the state National Guard
.
Article 58 states "the governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable;" and Article 59 requires that "permanent and honorable salaries" be established by law, for the justices of the superior court
.
to serve office during the pleasure of the judge. Clerks are prohibited from acting as attorneys in the court of which they are a clerk and from drawing any writ
originating a civil action.
In 1993, the New Hampshire supreme court agreed with school districts near Claremont
in the first of several Claremont cases that Article 83 made equal public education a state responsibility. The Claremont cases began an era in which the supreme court repeatedly found school–funding legislation unconstitutional. In 2009, the court found the original suit was moot
and the Claremont era ended. The General Court has debated, but has never approved, a constitutional amendment that would align the right of education with the legislature's authority to appropriate funds and the desire for local control.
The second half of Article 83, added in 1903, empowers the state to regulate economic activity. It declares a right to "free and fair competition in the trades and industries" and specifies that a goal of regulation is to "prevent...combination, conspiracy, monopoly, or any other unfair means."
Amendments are proposed both to make policy changes and to make clerical changes such as gender neutrality.
Part II, Article 100 of the constitution provides for the following two methods of proposing amendments to the constitution:
New Hampshire voters do not have the power to make or repeal laws through referendum
, but a handful of proposed constitutional amendments routinely appear on the ballot in most general elections.
On September 7, 1791, a constitutional convention began drafting 72 amendments to the 1784 Constitution be redrafted into a new whole document and submitted it to the people on February 8, 1792. The revisions of the 1784 Constitution submitted to the people became effective June 5, 1793.
Since 1793, there have been only five constitutional conventions, with twenty-six amendments adopted of the sixty-four proposed. Sixteen times the people have voted negatively to question of calling a constitutional convention.
Before 1980, the only method for amending the constitution was by convention every seven years. The adoption of an amendment to Pt. II, Art. 100 allowed for either the General Court or Constitutional Convention to submit amendments to the people for adoption.
to establish a civil government, and specified the manner and form that government would have. The Congress ratified the Constitution at the urging of the Continental Congress
. The 1776 Constitution did not contain a Bill of Rights, nor was it submitted to the people of New Hampshire. The constitution was the first constitution ever ratified by an American commonwealth
.
The Constitution established a legislature with two branches: a House of Representatives (or Assembly) and Council. The popularly-elected convention which framed this Constitution was called a Congress, and it was to reconstitute itself as the House of Representatives. The House was to select 12 freeholders - a certain number from each county - to form the upper house, or Council. Should the conflict with Great Britain last beyond 1776, and barring instructions to the contrary from the Continental Congress, the Constitution provided for the popular election of the Councilors. Together the Assembly and Council were responsible for running the government of the colony, including the appointment of all civil and military officers. The Constitution did not provide for a chief executive of any kind.
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
The constitution is divided into two parts: a Bill of Rights and a Form of Government. Subsections of each part are known as articles. For example, the subsection dealing with free speech and liberty of the press is cited as "Part I, Article 22" or "Pt. I, Art. 22."
Part I – Bill of Rights
Part First of the constitution is made up of 43 articles, codifying many of the same natural rights as does the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, including free speech, freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
s, freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and the right to bear arms
Right to bear arms
The right to keep and bear arms is the assertion that people have a personal right to firearms for individual use, or a collective right to bear arms in a militia, or both....
. It protects citizens against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers. In most cases, the state constitution affords more specific protections than the U.S. Constitution. Unlike the U.S. Constitution, New Hampshire's Bill of Rights has been amended regularly since its adoption.
Article 10. Right of Revolution
New Hampshire is one of several states that codify a "Right of RevolutionRight of revolution
In political philosophy, the right of revolution is the right or duty, variously stated throughout history, of the people of a nation to overthrow a government that acts against their common interests...
" in their state constitutions. The Right of Revolution dates back to the Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
. Article 10 reads:
Article 12–a. Eminent domain
Article 12–a, which states that "No part of a person's property shall be taken by eminent domainEminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
...if the taking is for the purpose of private development...." was ratified in 2006. It was one of many actions that various states took, in the wake of Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
the previous year, to limit the uses of eminent domain permitted by that decision.
Article 28–a. Unfunded mandates
Although counties, cities, and towns in New Hampshire are legal constructs of the state, Article 28–a was added in 1984 to stop the practice by which the state expanded their duties. It provides that any "new, expanded or modified programs or responsibilities" must either be "fully funded by the state" or "approved for funding by a vote of the local legislative body...."Article 36. Pensions
Article 36 barred the state from providing pensionPension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
s except for "actual services...and never for more than one year at a time." Article 36–a was added in 1984 to clarify that the state retirement system is constitutional, and to earmark its funds to pay the benefits due retirees.
Part II – Form of Government
Part Second contains 101 articles that specify how state government functions. Article 1, when first enacted established The State of New Hampshire as the official name of the sovereign and independent state, formerly known as the province of New HampshireProvince of New Hampshire
The Province of New Hampshire is a name first given in 1629 to the territory between the Merrimack and Piscataqua rivers on the eastern coast of North America. It was formally organized as an English royal colony on October 7, 1691, during the period of English colonization...
. The remainder of Part II is subdivided in the following sections:
The General Court
Articles 2 - 8 establish the frame work for the General CourtNew Hampshire General Court
The General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
and its authority to establish courts, enact state laws
New Hampshire Revised Statutes Annotated
The New Hampshire Revised Statutes Annotated forms the codified law of the state subordinate to the New Hampshire State Constitution.-History:The RSA is a set of law books published by Thomson West...
affecting the Government of New Hampshire
Government of New Hampshire
The State of New Hampshire is a democratic republic, with a form of government similar to that of the United States.The New Hampshire state capital is Concord. The capital was Portsmouth during colonial times, and Exeter from 1775 to 1808...
, providing for the State's emergency powers, gather funding and use collected monies.
House of Representatives
Articles 9 - 24 establish the authority and makeup of the House of Representatives, the lower house of the General Court. This section of the Constitution establishes how representatives are elected, their responsibilities, and their privileges. These articles make clear that all state level budgetary legislation must originate from the House, much like the British House of CommonsBritish House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
.
Articles 10 and 13 have been repealed.
Article 15. Compensation of the Legislature, fixes the pay for the General Court members at $200 per term (two years) and $250 for the presiding officers. Legislators also receive mileage for "actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature."
Senate
Articles 25 - 40, excluding 28 which was repealed in 1976, define the role and makeup of The Senate, the upper house of the General Court. This section is similar to the section regarding the House of Representatives, with the largest difference that the Senate is the ultimate arbiter of all elections.Articles 38 - 40 describe how state officers may be impeached
Impeachment in New Hampshire
Impeachment in New Hampshire is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery, corruption, malpractice or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full...
and be punished for bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, malpractice
Malpractice
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm...
or maladministration, in office. The House of Representatives is charged given the authority to impeach state officers, while the Senate hears, tries, and determines all impeachments made by the House. The articles also state the rules for the Senate's impeachment hearings and provides for the Chief Justice of the New Hampshire Supreme Court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
to preside over the impeachment hearings involving the Governor, but not have a vote.
Executive Power – Governor
Articles 41 - 59 define the roles and selection of the Executive Branch. The Governor of the State of New HampshireGovernor of New Hampshire
The Governor of the State of New Hampshire is the supreme executive magistrate of the U.S. state of New Hampshire.The governor is elected at the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along with bordering Vermont, to hold...
, originally styled "President," is the supreme executive magistrate and is titled "His Excellency
Excellency
Excellency is an honorific style given to certain members of an organization or state.Usually, people styled "Excellency" are heads of state, heads of government, governors, ambassadors, certain ecclesiastics, royalty, aristocracy, and military, and others holding equivalent rank .It is...
". The Governor is given the sole authority to command the New Hampshire National Guard
New Hampshire National Guard
The New Hampshire National Guard is a component of the New Hampshire Adjutant General's Department. It consists of the:*New Hampshire Army National Guard*New Hampshire Air National Guard*157th Air Refueling Wing-External links:**...
and sole right to sign or veto bills and resolutions passed by the General Court and is charged with the "faithful execution of the laws". The Governor is elected to a two-year term at the November biennial elections; and must be 30 years-old and have been a resident of the state for seven years at the time of election.
With the advice of the Executive Council
Executive Council of New Hampshire
The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...
, the Governor has the authority to call the General Court in to session when in recess, to adjourn it early, and dissolve the General Court as required for the welfare of the state. The Governor, with the advice of the Council, has the authority to pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
offense not for impeachment; and to nominate
Nomination
Nomination is part of the process of selecting a candidate for either election to an office, or the bestowing of an honor or award.In the context of elections for public office, a candidate who has been selected by a political party is normally said to be the nominee of that party...
and appoint all judicial officers, Attorney General, and all officers of the navy, and general and field officers of the state National Guard
New Hampshire National Guard
The New Hampshire National Guard is a component of the New Hampshire Adjutant General's Department. It consists of the:*New Hampshire Army National Guard*New Hampshire Air National Guard*157th Air Refueling Wing-External links:**...
.
Article 58 states "the governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable;" and Article 59 requires that "permanent and honorable salaries" be established by law, for the justices of the superior court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
.
Council
Articles 60 - 66 discuss the selection, ejection and conduct of the five Executive Councilors.Secretary, Treasurer, etc.
Articles 67 - 70 discuss the duties and selection of the state's treasurer, secretaries and other such officials.County Treasurer, etc.
Articles 71 details the responsibilities and powers of county level officials such as the county sheriffs, county attorneys, county treasurers, registrars of probate, and registrars of deeds. Article 72 details the selection of registrars of deeds, which usually is a countywide position.Judiciary Power
Articles 72-a. - 81 dictate the rights and responsibilities of the Supreme and Superior Courts as well as other state sanctioned court officers.Clerks of Courts
Article 82 gives judges of the courts (except probate) the sole authority to appoint clerksClerks
Clerks is a 1994 independent comedy film written and directed by Kevin Smith, who also appears in the film as Silent Bob. Starring Brian O'Halloran as Dante Hicks and Jeff Anderson as Randal Graves, it presents a day in the lives of two store clerks and their acquaintances...
to serve office during the pleasure of the judge. Clerks are prohibited from acting as attorneys in the court of which they are a clerk and from drawing any writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
originating a civil action.
Encouragement of Literature, Trade, etc.
The first half of Article 83 tasks future legislators to "cherish the interest of literature and the sciences, and all seminaries and public schools...." The text was amended in 1877 to clarify that state money could not go to religious schools.In 1993, the New Hampshire supreme court agreed with school districts near Claremont
Claremont, New Hampshire
There were 5,685 households out of which 27.4% had children under the age of 18 living with them, 45.5% were married couples living together, 10.3% had a female householder with no husband present, and 39.7% were non-families. 32.2% of all households were made up of individuals and 14.7% had...
in the first of several Claremont cases that Article 83 made equal public education a state responsibility. The Claremont cases began an era in which the supreme court repeatedly found school–funding legislation unconstitutional. In 2009, the court found the original suit was moot
Moot
Moot may refer to:* from Moot as an Old English language term for meeting:**Folkmoot**Jamtamót, the old assembly of Jämtland**Witenagemot, the High Council of Anglo-Saxon England...
and the Claremont era ended. The General Court has debated, but has never approved, a constitutional amendment that would align the right of education with the legislature's authority to appropriate funds and the desire for local control.
The second half of Article 83, added in 1903, empowers the state to regulate economic activity. It declares a right to "free and fair competition in the trades and industries" and specifies that a goal of regulation is to "prevent...combination, conspiracy, monopoly, or any other unfair means."
Oaths and Subscriptions Exclusion From Offices, etc.
Articles 84 - 101 (excluding Articles 97 and 99) regard the installment of appointed and elected state officials; and the method for the Constitution taking effect, it being enrolled, and methods for proposing amendments.Method of Amendment
Unlike the U.S. Constitution, in which amendments are set out beneath the main body (and brackets or strike-through are sometimes used to show text in the main body that an amendment has made inoperative), amendments to the New Hampshire constitution change the text in place. Although a law book with annotations describes amendments to the text, the actual amendment is not included in a presentation of the constitution; only the text as the amendment revised it. An amendment will sometimes add an article; for instance, an article following Article 12 will be called Article 12-a.Amendments are proposed both to make policy changes and to make clerical changes such as gender neutrality.
Part II, Article 100 of the constitution provides for the following two methods of proposing amendments to the constitution:
General Court
A 3/5 vote of each house of the General Court is required to send a proposed constitutional amendment to ratification (see below).Constitutional Convention
A majority vote of both houses of the General Court is required to place the following question on the ballot: "Shall there be a convention to amend or revise the constitution?" If such question has not been submitted to the people in ten years, the Secretary of State is required by Pt. II, Art. 100 to place the question on the ballot. A majority of qualified voters participating in an election is required to convene a convention. At the next election the delegates are elected by the people, or earlier as provided by the General Court. A 3/5 vote of the number of delegates is required to send a proposed constitutional amendment to ratification (see below).Ratification
An amendment approved by either of the above methods is sent to the people at the next biennial November election. A 2/3 vote of the qualified voters participating in an election is required to ratify the amendment. If the amendment does not receive this vote, it does not take effect.New Hampshire voters do not have the power to make or repeal laws through referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, but a handful of proposed constitutional amendments routinely appear on the ballot in most general elections.
History
On June 5, 1781, a constitutional convention was convened and began writing the state's new constitution. In the Spring of 1782, a draft of the constitution was sent to town meetings for ratification. During the town meetings there were substantial proposed amendments that the Constitution was redrafted by the Convention and resubmitted to town meetings in Fall 1782. The second draft of the 1782 Constitution was met with even more proposed amendments. A third draft was necessary before it was resubmitted and accepted in the town meetings "as is." In Spring 1783, a requisite number of town meetings ratified the third draft and it became effective June 2, 1784. On October 31, 1783, the constitution was established and the Convention adjourned sine die, after having declared the constitution ratified.On September 7, 1791, a constitutional convention began drafting 72 amendments to the 1784 Constitution be redrafted into a new whole document and submitted it to the people on February 8, 1792. The revisions of the 1784 Constitution submitted to the people became effective June 5, 1793.
Since 1793, there have been only five constitutional conventions, with twenty-six amendments adopted of the sixty-four proposed. Sixteen times the people have voted negatively to question of calling a constitutional convention.
Before 1980, the only method for amending the constitution was by convention every seven years. The adoption of an amendment to Pt. II, Art. 100 allowed for either the General Court or Constitutional Convention to submit amendments to the people for adoption.
1776 Constitution
On January 5, 1776, the Congress of New Hampshire voted in ExeterExeter, New Hampshire
Exeter is a town in Rockingham County, New Hampshire, United States. The town's population was 14,306 at the 2010 census. Exeter was the county seat until 1997, when county offices were moved to neighboring Brentwood...
to establish a civil government, and specified the manner and form that government would have. The Congress ratified the Constitution at the urging of the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
. The 1776 Constitution did not contain a Bill of Rights, nor was it submitted to the people of New Hampshire. The constitution was the first constitution ever ratified by an American commonwealth
Commonwealth (United States)
Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania and Virginia....
.
The Constitution established a legislature with two branches: a House of Representatives (or Assembly) and Council. The popularly-elected convention which framed this Constitution was called a Congress, and it was to reconstitute itself as the House of Representatives. The House was to select 12 freeholders - a certain number from each county - to form the upper house, or Council. Should the conflict with Great Britain last beyond 1776, and barring instructions to the contrary from the Continental Congress, the Constitution provided for the popular election of the Councilors. Together the Assembly and Council were responsible for running the government of the colony, including the appointment of all civil and military officers. The Constitution did not provide for a chief executive of any kind.
External links
- New Hampshire State Constitution (Official state website)