New Hampshire Constitution

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Constitution of the State of New Hampshire[1]  (1990) 
The State of New Hampshire
Constitution of 1783 (Still in use)
Established October 31, 1783 To Take Effect June 2, 1784 As Subsequently Amended and in Force December 1990
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]