Simone Lawson
New Hampshire was the first American colony to enact a constitution of its own, formally replacing British rule on January 5, 1776. However, the state's journey to ratifying the US Constitution in 1788 was a long and arduous process. The convention opened in Exeter on February 13, 1788, and four issues provoked extensive debate. Anti-Federalists opposed the terms of office for representatives and senators, the powers given to Congress, the creation of a federal judicial branch, and Article VI's prohibition on religious tests for public office. New Hampshire's ratification was uncertain, and delegates adjourned the convention for several months. When it reassembled in mid-June, the outcome was still unclear. Ultimately, New Hampshire became the ninth state to ratify the Constitution on June 21, 1788, ensuring it would go into effect.
| Characteristics | Values |
|---|---|
| Date of ratification | June 21, 1788 |
| Position in ratification | 9th state to ratify |
| Number of constitutional conventions | 17 |
| Number of amendments proposed | 64 |
| Number of amendments ratified | 26 |
| First constitution | Enacted in 1776, before any other state |
| First constitutional convention | 1778 |
| Concerns | Two-year and six-year terms for representatives and senators, loss of state power, creation of a federal judicial branch, and Article VI which prohibited religious tests for public office |
| Constitution features | Weak governorship, large state legislature, and a Bill of Rights |
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What You'll Learn
- The New Hampshire convention opened in Exeter on February 13, 1788, and began a section-by-section discussion of the Constitution
- Anti-Federalists opposed the two-year and six-year terms for representatives and senators
- Article I powers given to Congress stripped power from state governments
- The creation of a federal judicial branch sparked objections
- New Hampshirites agreed with their 1784 state constitution’s requirement that officeholding be restricted to Protestants
The New Hampshire convention opened in Exeter on February 13, 1788, and began a section-by-section discussion of the Constitution
The New Hampshire convention, which opened in Exeter on February 13, 1788, was a pivotal moment in the state's constitutional history. The convention witnessed a detailed section-by-section examination of the Constitution, with four issues dominating the discussions:
Firstly, Anti-Federalists, accustomed to annual elections for the state legislature, vehemently opposed the proposed two-year and six-year terms for representatives and senators, respectively. They argued that such extended terms would concentrate too much power in the hands of these officials, undermining the influence of the state governments.
Secondly, the establishment of a federal judicial branch was another point of contention. The Anti-Federalists were wary of any changes that might threaten the liberties enshrined in the state's 1784 constitution.
Thirdly, the convention debated the powers granted to Congress under Article I. Anti-Federalists believed that these powers infringed on state sovereignty and wanted to ensure that the federal government's authority was limited and well-defined.
Additionally, there was disagreement over the religious requirements for holding public office. Many New Hampshirites supported the existing state constitutional provision that restricted officeholding to Protestants. In contrast, Article VI of the proposed Constitution prohibited religious tests for public office, seeking to foster a more inclusive political environment.
The New Hampshire convention also highlighted the broader ideological divide between Federalists and Anti-Federalists. The Federalists, including influential figures like John Langdon, advocated for a stronger central government and worked to secure ratification of the Constitution. Meanwhile, the Anti-Federalists, such as Joshua Atherton, a lawyer from Amherst, voiced concerns about the potential erosion of states' rights and individual liberties.
The convention adjourned after a week, with delegates needing to consult their constituents. When it reconvened in mid-June, the outcome was uncertain. Ultimately, New Hampshire ratified the Constitution on June 21, 1788, becoming the ninth state to do so and ensuring its implementation. This ratification was a significant milestone in the establishment of the United States' constitutional framework.
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Anti-Federalists opposed the two-year and six-year terms for representatives and senators
The Anti-Federalists opposed the two-year and six-year terms for representatives and senators during the Constitutional Convention of 1787, arguing that the new Constitution consolidated too much power in the national government, threatening individual liberties and state autonomy. They believed that the absence of a bill of rights left citizens vulnerable to government overreach. The Anti-Federalists' concerns centred on the following key points:
Concentration of Power: Anti-Federalists feared that the new Constitution gave too much power to the federal government, undermining the republican form of government. They argued that a strong central government could infringe on individual liberties and usurp the authority of the states, leading to a monarchical system.
Role of the Senate: There was concern over the Senate's power to ratify treaties without the concurrence of the House of Representatives. This raised questions about the balance of power between the two chambers and the representation of the people within the states.
Lack of a Bill of Rights: The absence of a bill of rights in the original draft of the Constitution was a significant point of contention for the Anti-Federalists. They believed that a bill of rights was necessary to protect individual liberties and prevent the federal government from encroaching on state powers. The Anti-Federalists argued that the supremacy clause, combined with other vague clauses, granted the federal government implied powers that could endanger citizens' rights.
Unitary Executive: The Anti-Federalists viewed the unitary executive, or the president, as resembling a monarch. They worried that this concentration of power in a single individual would lead to courts of intrigue and further consolidate power at the national level.
State Autonomy: Anti-Federalists were concerned about the shift from a unicameral Congress, where each state had an equal vote, to a bicameral Congress, where representation was based on population. They believed that this change diminished the influence of smaller states and further contributed to the concentration of power in larger states and the federal government.
The opposition of the Anti-Federalists during the Constitutional Convention and the subsequent debates played a crucial role in shaping the adoption of the Bill of Rights and the establishment of a system of checks and balances to safeguard against excessive federal power.
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Article I powers given to Congress stripped power from state governments
New Hampshire was the first American colony to enact a constitution of its own, formally replacing British rule on January 5, 1776. The 1776 Constitution replaced royal rule with a two-part legislature, a House of Representatives and a Council, while intentionally excluding a chief executive. This reflected a clear break from the top-down authority of the colonial governor and marked a shift in public attitudes toward representative government.
The New Hampshire convention opened in Exeter on February 13, 1788, and began a section-by-section discussion of the U.S. Constitution. Four issues provoked extensive debate. One of them was the Article I powers given to Congress, which many believed stripped too much power from the state governments.
Article I of the U.S. Constitution outlines the powers granted to Congress. It states that all legislative powers are vested in the Congress of the United States, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states, with each state having at least one representative. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and be inhabitants of the state they are chosen to represent.
Article I, Section 8 of the Constitution further details the powers of Congress, including the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish uniform rules of naturalization and bankruptcy laws; to punish counterfeiting; to promote scientific progress and protect intellectual property; to define and punish crimes committed on the high seas; to declare war and make rules concerning captures on land and water; to raise and support armies; to provide for the calling forth of the militia; and to make all laws necessary and proper for carrying into execution the foregoing powers.
By granting these powers to Congress, the states were giving up certain authorities that they previously held. For example, the power to lay and collect taxes, to regulate commerce, and to raise and support armies all shifted from the state level to the federal level with the establishment of Congress. This centralization of power in the federal government was a significant shift in the balance of power between the states and the federal government.
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![The Constitution of New Hampshire as Amended by the Constitutional Convention Held at Concord on the First Wednesday of January, A. D. 1889. [Manchester-1889]](https://m.media-amazon.com/images/I/519Rx-9r7rL._AC_UY218_.jpg)
The creation of a federal judicial branch sparked objections
New Hampshire's ratification of the US Constitution was a long and arduous process. The state was the ninth to ratify the document on June 21, 1788, ensuring that the Constitution would go into effect. The state's convention opened in Exeter on February 13, 1788 and began a section-by-section discussion of the Constitution. Four issues provoked extensive debate.
One of the main concerns during the Constitutional Convention was the creation of a federal judicial branch. Anti-Federalists, who were used to annual elections for members of the state legislature, opposed the longer two-year and six-year terms for representatives and senators. They believed that the longer terms would strip power from the state governments and give too much power to the federal government. This was a significant issue for New Hampshire, as the state had a history of resisting centralised authority and had already replaced royal rule with a two-part legislature in 1776.
The Anti-Federalists also objected to the concentration of power in legislative appointees, many of whom held more than one office. They argued that the new Constitution endangered popular liberties and wanted to ensure that the federal government did not infringe on the rights of the states or the people. This concern was shared by many New Hampshirites, who had experienced the power of the British colonial government and wanted to prevent the creation of a strong central government in the new nation.
The issue of judicial power was further complicated by the lack of a Bill of Rights in the original Constitution. Anti-Federalists in New Hampshire and other states raised concerns about the need for protections for rights such as freedom of speech, religion, and the press. They wanted guarantees that the federal government would not overreach and infringe on the liberties of the people. This issue was eventually addressed with the addition of the Bill of Rights, which was ratified in 1791 and guaranteed these fundamental freedoms.
In conclusion, the creation of a federal judicial branch sparked objections from Anti-Federalists and New Hampshirites during the Constitutional Convention. They were concerned about the concentration of power, the infringement on state and individual liberties, and the lack of protections for certain rights. These objections led to vigorous debate and compromise, ultimately resulting in the addition of the Bill of Rights to address some of these concerns.
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New Hampshirites agreed with their 1784 state constitution’s requirement that officeholding be restricted to Protestants
New Hampshire was the first American colony to enact a constitution of its own, formally replacing British rule on 5 January 1776. The New Hampshire convention opened in Exeter on 13 February 1788 and began a section-by-section discussion of the Constitution. Four issues provoked extensive debate.
Firstly, Anti-Federalists, used to annual elections for members of the state legislature, opposed the two-year and six-year terms, respectively, for representatives and senators. Secondly, they believed that the Article I powers given to Congress stripped too much power from the state governments. Thirdly, the creation of a federal judicial branch sparked objections.
Finally, many New Hampshirites agreed with their 1784 state constitution’s requirement that officeholding be restricted to Protestants and opposed Article VI, which prohibited religious tests for public office. Generally, outspoken Anti-Federalists like Joshua Atherton, a lawyer from Amherst, voiced complaints about the Constitution.
New Hampshire’s ratification was not straightforward. Initially, approval seemed likely. However, delegates who gathered at the state convention in February 1788 adjourned after a week, sending shockwaves across the country and dismaying Federalists. When the convention reassembled in mid-June, the outcome was uncertain.
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Frequently asked questions
The Constitutional Convention was a gathering of delegates from 13 states in Philadelphia in 1787 to propose and create a new form of government.
New Hampshire was concerned about the two-year and six-year terms for representatives and senators, the Article I powers given to Congress, the creation of a federal judicial branch, and Article VI's prohibition on religious tests for public office.
The outcome of the Constitutional Convention was the creation of a new U.S. Constitution, which was signed by 38 or 39 of the 41 or 55 delegates present.
New Hampshire ratified the Constitution on June 21, 1788, becoming the ninth state to do so.
New Hampshire's ratification put the Constitution into effect, making it the official framework of the government of the United States of America.
