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New Hampshire Constitution
| New Hampshire Constitution |
|---|
|
| Part First |
| Part Second |
| Form |
| House |
| Senate |
| Executive |
| Council |
| Secretary |
| County Treasurer |
| Judiciary |
| Clerks |
| Encouragement |
| Oaths |
The New Hampshire Constitution is the state constitution of New Hampshire.
- The current New Hampshire Constitution was adopted in 1783, taking effect in 1784.
- New Hampshire has had two state constitutions.
- The current state constitution has two parts, with subsections which are called articles.
- The current New Hampshire Constitution has been amended 149 times.[1]
- Voters last approved a new amendment to the New Hampshire Constitution on November 6, 2018, when voters approved two additional amendments.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Features
The New Hampshire Constitution is composed of two parts: the "Bill of Rights" and "Form of Government." The subsections of each part are called "articles."
Background
New Hampshire became the 9th state on June 21, 1788. The state's first constitution was a temporary constitution of 1776, the first constitution adopted by the original colonies. The second and current constitution went into effect in 1784.[2]
New Hampshire was the first American colony to enact its own constitution and was the first to hold a constitutional convention. The first draft of the constitutional convention of 1778 was rejected by the people. The constitutional convention of 1781 was ratified by voters in 1783 and took effect in 1784.[2]
Part I – Bill of Rights
- See also: Part First, New Hampshire Constitution
Part First of the constitution is made up of 41 articles, containing many of the same types of protections found in the Bill of Rights from the U.S. Constitution, including double jeopardy, free speech, freedom of the press, jury trials, natural rights, quartering of soldiers, religious freedom, right to bear arms and unreasonable searches and seizures.[3]
Click here to read this part of the New Hampshire Constitution.
Part II – Form of Government
- See also: Part Second, New Hampshire Constitution
The second part addresses how the government of the state will function and is divided into 11 groups of articles.
Form of Government
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 Hampshire.
Articles 2 through 8 establish the framework for the General Court and its authority to establish courts, enact state laws affecting the government of New Hampshire, provide for the state's emergency powers, and gather funding and use collected monies.
Click here to read this article of the New Hampshire Constitution.
House of Representatives
Articles 9 through 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 Commons and the United States House of Representatives.
Articles 10 and 13 have been repealed.
Click here to read this article of the New Hampshire Constitution.
Senate
- See also: Senate, New Hampshire Constitution
Articles 25 through 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 being that the Senate is the ultimate arbiter of all elections.
Click here to read this article of the New Hampshire Constitution.
Executive Power - Governor
Articles 41 through 59 define the roles and selection of the executive branch. The governor of the state of New Hampshire is the supreme executive magistrate and is titled "His Excellency." The governor also is given the sole authority to command the New Hampshire National Guard, has 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 must be 30 years old and have been a resident of the state for seven years at the time of election. The governor is elected to a two-year term during the November biennial elections.
Click here to read this article of the New Hampshire Constitution.
Council
- See also: Council, New Hampshire Constitution
The Council part of the New Hampshire Constitution consists of seven articles.
Click here to read this article of the New Hampshire Constitution.
Secretary, Treasurer, etc.
Articles 67 through 70 discuss the duties and selection of the state's treasurer, secretaries, and other such officials.
Click here to read this article of the New Hampshire Constitution.
County Treasurer, etc.
Article 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.
Click here to read this article of the New Hampshire Constitution.
Judiciary Power
Article s72-a. through 81 dictate the rights and responsibilities of the Supreme and Superior Courts as well as other state-sanctioned court officers.
Click here to read this article of the New Hampshire Constitution.
Clerks of Courts
Article 82 gives judges of the courts (except probate) the sole authority to appoint clerks to serve office at the pleasure of the judge. Clerks are prohibited from acting as attorneys in the courts for which they serve and from drawing any writ originating a civil action.
Click here to read this article of the New Hampshire Constitution.
Encouragement of Literature, Trade, etc.
Article 83 states the importance of education and associated endeavors to the citizens of New Hampshire. It also gives the General Court the power to safeguard them from hostile forces and encourages forces that advance the general knowledge of the state's citizens.
Click here to read this article of the New Hampshire Constitution.
Oaths and Subscriptions Exclusion from Offices, etc.
Articles 84 through 101 (excluding Articles 97 and 99) regard the installment of appointed and elected state officials. These articles also discuss the method for the constitution taking effect, it being enrolled, and methods for proposing amendments.
Click here to read this article of the New Hampshire Constitution.
Amending the constitution
- See also: Amending state constitutions
There are two paths to altering the New Hampshire Constitution: A legislatively referred constitutional amendment or a constitutional convention.
Legislature
A 60% vote is required during one legislative session for the New Hampshire State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 240 votes in the New Hampshire House of Representatives and 15 votes in the New Hampshire State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In New Hampshire, an amendment needs to receive support from two-thirds (66.67%) of the votes cast on the measure.
Convention
According to the New Hampshire Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1972. New Hampshire is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| New Hampshire | 10 years | 2022 | 2032 |
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- NH.gov, "New Hampshire State Constitution"
- The Green Papers, "New Hampshire: State and Local Government"
Footnotes
- ↑ According to Susan Marshall (2011), the Constitution of 1784 had been amended 144 times through 1990. Since 1990, voters have approved five additional constitutional amendments.
- ↑ 2.0 2.1 Susan Marshall (2011). The New Hampshire State Constitution. New York, NY: Oxford University Press
- ↑ NH.gov, "New Hampshire State Constitution," accessed March 30, 2014
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