New Hampshire Constitution

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Table of Contents | Part First - Bill of Rights | Part Second - Form of Government

Part First - Bill of Rights[edit]

Article

  • l. Equality of men; origin and object of government.
  • 2. Natural rights.
  • 2-a. The bearing of arms.
  • 3. Society, its organization and purposes.
  • 4. Rights of conscience unalienable.
  • 5. Religious freedom recognized.
  • 6. Morality and piety.
  • 7. State sovereignty.
  • 8. Accountability of magistrates and officers; public's right to know.
  • 9. No hereditary office or place.
  • 10. Right of revolution.
  • 11. Elections and elective franchises.
  • 12. Protection and taxation reciprocal.
  • 13. Conscientious objectors not compelled to bear arms.
  • 14. Legal remedies to be free, complete, and prompt.
  • 15. Right of accused.
  • 16. Former jeopardy; jury trial in capital cases.
  • 17. Venue of criminal prosecution.
  • 18. Penalties to be proportioned to offenses; true design of punishment.
  • 19. Searches and seizures regulated.
  • 20. Jury trial in civil causes.
  • 21. Jurors; compensation
  • 22. Free speech; liberty of the press.
  • 23. Retrospective laws prohibited.
  • 24. Militia.
  • 25. Standing armies.
  • 26. Military, subject to civil power.
  • 27. Quartering of soldiers.
  • 28. Taxes, by whom levied.
  • 28-a. Mandated programs.
  • 29. Suspension of laws by legislature only.
  • 30. Freedom of speech.
  • 31. Meetings of legislature, for what purposes.
  • 32. Rights of assembly, instruction, and petition.
  • 33. Excessive bail, fines, and punishments prohibited.
  • 34. Martial law limited.
  • 35. The judiciary; tenure of office, etc.
  • 36. Pensions.
  • 36-a. Use of retirement funds.
  • 37. Separation of powers.
  • 38. Social virtues inculcated.
  • 39. Changes in town and city charters; referendum required.

Part Second - Form of Government[edit]

  • 1. Name of body politic.
  • 2. Legislature, how constituted.
  • 3. General court, when to meet and dissolve.
  • 4. Power of general court to establish courts.
  • 5. Power to make laws, elect officers, define their powers and duties, impose fines, and assess taxes; prohibited from authorizing towns to aid certain corporations.
  • 5-a. Continuity of government in case of enemy attack.
  • 5-b. Power to provide for tax valuations based on use.
  • 6. Valuation and taxation.
  • 6-a. Use of certain revenues restricted to highways.
  • 6-b. Use of Lottery Revenues Restricted to Educational Purposes.
  • 7. Members of legislature not to take fees or act as counsel.
  • 8. Open sessions of legislature.

House of Representatives[edit]

  • 9. Representatives elected every second year; apportionment of representatives.
  • 9-a. Legislative adjustments of census with reference to non-residents.
  • 10. [Repealed, 1889.]
  • 11. Small towns, representation by districts.
  • 11-a. Division of town, ward, or place; representative districts.
  • 12. Biennial election of representatives in November.
  • 13. [Repealed, 1976.]
  • 14. Representatives, how elected, qualifications of.
  • 15. Compensation of the legislature.
  • 16. Vacancies in house, how filled.
  • 17. House to impeach before the senate.
  • 18. Money bills to originate in house.
  • 18-a. Budget bills.
  • 19. Adjournment.
  • 20. Quorum, what constitutes.
  • 21. Privileges of members of the legislature.
  • 22. House to elect speaker and officers, settle rules of proceedings, and punish misconduct.
  • 23. Senate and executive have like powers; imprisonment limited.
  • 24. Journals and laws to be pub lished; yeas and nays, and protests.

Senate[edit]

  • 25. Senate; how constituted.
  • 26. Senatorial districts, how constituted.
  • 26-a. Division of town, ward, or lace; senatorial districts.
  • 27. Election of senators.
  • 28. [Repealed, 1976.]
  • 29. Qualifications of senators.
  • 30. Inhabitant defined.
  • 31. Inhabitants of unincorporated places; their rights, etc.
  • 32. Biennial meetings, how warned, governed, and conducted; return of votes, etc.
  • 33. Secretary of state to count votes for senators and notify persons elected.
  • 34. Vacancies in senate, how filled.
  • 35. Senate, judges of their own elections.
  • 36. Adjournment.
  • 37. Senate to elect their own officers; quorum.
  • 38. Senate to try impeachments; mode of proceeding.
  • 39. Judgment on impeachment limited.
  • 40. Chief justice to preside on impeachment of governor.

Executive Power --- Governor[edit]

  • 41. Governor, supreme executive magistrate.
  • 42. Election of governor, return of votes; electors; if no choice, legislature to elect one of two highest candidates; qualifications for governor.
  • 43. In cases of disagreement, governor to adjourn or prorogue legislature; if causes exist, may convene them elsewhere.
  • 44. Veto to bills.
  • 45. Resolves to be treated like bills.
  • 46. Nomination and appointment of officers.
  • 47. Governor and council have negative on each other.
  • 48. [Repealed, 1976.]
  • 49. President of senate, etc. to act as governor when office vacant; speaker of house to act when office of president of senate also vacant.
  • 49-a. Prolonged failure to qualify; vacancy in office of governor due to physical or mental incapacity, etc.
  • 50. Governor to prorogue or adjourn legislature, and call extra sessions.
  • 51. Powers and duties of governor as commander-in-chief.
  • 52. Pardoning power.
  • 53. [Repealed, 1976.]
  • 54. [Repealed, 1976.]
  • 55. [Repealed, 1976.]
  • 56. Disbursements from treasury.
  • 57. [Repealed, 1950.]
  • 58. Compensation of governor and council.
  • 59. Salaries of judges.

Council[edit]

  • 60. Councilors; mode of election, etc.
  • 61. Vacancies, how filled, if no choice.
  • 62. Subsequent vacancies; governor to convene; duties.
  • 63. Impeachment of councilors.
  • 64. Secretary to record proceedings of council.
  • 65. Councilor districts provided for.
  • 66. Elections by legislature may be adjourned from day to day; order thereof.

Secretary, Tresurer, Etc.[edit]

  • 67. Election of secretary and treasurer.
  • 68. State records, where kept; duty of secretary.
  • 69. Deputy secretary.
  • 70. Secretary to give bond.

County Treasurer, Etc.[edit]

  • 71. County treasurers, registers of probate, county attorneys, sheriffs, and registers of deeds elected.
  • 72. Counties may be divided into districts for registering deeds.

Judiciary Power[edit]

  • 72-a. Supreme and superior courts.
  • 73. Tenure of office to be expressed in commissions; judges to hold office during good behavior, etc.; removal.
  • 73-a. Supreme court, administration
  • 74. Judges to give opinions, when.
  • 75. Justices of peace commissioned for five years.
  • 76. Divorce and probate appeals, where tried.
  • 77. Jurisdiction of justices in civil causes.
  • 78. Judges and sheriffs, when disqualified by age.
  • 79. Judges and justices not to act as counsel.
  • 80. Jurisdiction and term of probate courts.
  • 81. Judges and registers of probate not to act as counsel.

Clerks of Courts[edit]

  • 82. Clerks of courts, by whom appointed.

Encouragement of Literature, Trade, Etc.[edit]

  • 83. Encouragement of literature, etc.; control of corporations, monopolies, etc.

Oaths and Subscrptions Exclusion From Offices, Etc.[edit]

  • 84. Oath of civil officers.
  • 85. Before whom taken.
  • 86. Form of commissions.
  • 87. Form of writs.
  • 88. Form of indictments, etc.
  • 89. Suicides and deodands.
  • 90. Existing laws continued if not repugnant.
  • 91. Habeas corpus.
  • 92. Enacting style of statutes.
  • 93. Governor and judges prohibited from holding other offices.
  • 94. Incompatibility of offices; only two offices of profit to be holden at same time.
  • 95. Incompatibility of certain offices.
  • 96. Bribery and corruption disqualify for office.
  • 97. [Repealed, 1950.]
  • 98. Constitution, when to take effect.
  • 99. [Repealed, 1980.]
  • 100. Alternate methods of Proposing amendments.
  • 101. Enrollment of constitution.

Notes[edit]