Simone Lawson
On June 21, 1788, New Hampshire became the ninth state to ratify the U.S. Constitution, which then came into effect. New Hampshire's approval was not straightforward, with Anti-Federalists opposing the ratification due to issues regarding election terms, the powers given to Congress, the creation of a federal judicial branch, and the lack of religious tests for public office. The state's first constitution was a temporary one, adopted in 1776, and its second and current constitution went into effect in 1784.
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What You'll Learn
New Hampshire's ratification of the US Constitution
The journey towards New Hampshire's ratification began with a sense of unease due to the ongoing war, inflation, and the threat of western towns' secession to Vermont. The state's first written constitution, drafted in 1778-1779, was rejected by town meeting voters as it offered minimal changes from the 1776 plan. This led to a series of constitutional conventions, with the second and current constitution being adopted in 1784. However, it faced criticism for its lack of an independent executive and concentration of power in legislative appointees.
The ratification of the US Constitution itself was fraught with uncertainty. Initially, approval seemed likely, but delegates at the state convention in February 1788 adjourned after just a week, shocking Federalists. When the convention reconvened in mid-June, the outcome was uncertain. Four main issues sparked extensive debate: the duration of terms for representatives and senators, the powers granted to Congress, the creation of a federal judicial branch, and the prohibition of religious tests for public office. Anti-Federalists, such as Joshua Atherton, voiced their objections, while Federalists pushed for a swift ratification.
The pivotal moment came when New Hampshire had the chance to become the ninth state to ratify, a position of honour. The Federalists seized this opportunity, and despite opposition, the motion to ratify with recommended amendments passed. This decision averted a potential "No" vote, which could have emboldened Anti-Federalists nationwide and altered the course of history. New Hampshire's ratification played a crucial role in establishing the Constitution as the official framework for the young nation.
The process of ratification and the amendments highlighted the evolving nature of governance in New Hampshire and the United States. The state's early constitutional history reflected the desire for self-governance and a more centralized government. The ratification of the US Constitution, followed by the Bill of Rights, laid the foundation for the country's future stability and the protection of individual rights.
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The state's first constitution
New Hampshire's first constitution was a temporary constitution of 1776, the first constitution adopted by the original colonies. It was intended to be a temporary framework and did not provide for a bill of rights, an independent judiciary, or any separation of powers. The constitution established a legislature with two branches: a House of Representatives (or Assembly) and a Council. The popularly elected convention that 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.
The first constitution was far from popular with the people of the state. Its plan of legislative apportionment required 100 freeholders per representative, ignoring the autonomy of small, newly incorporated towns. People also criticized the lack of an independent executive and the concentration of power in legislative appointees, many of whom held more than one office.
Amid a general sense of unease caused by the ongoing war, unrelenting inflation, and the threat of western towns' secession to Vermont, the draft put forth by the 1778-79 convention offered too few changes from the 1776 plan and was rejected by town meeting voters. Another convention was called in 1781, to remain in session until a constitution was adopted. After three more years and three additional attempts, a new constitution finally took effect on June 2, 1784. This constitution remains in effect, although it has been substantially revised over the years.
New Hampshire ratified the U.S. Constitution on June 21, 1788, becoming the ninth of 13 states to do so. The New Hampshire convention opened in Exeter on February 13, 1788 and began a section-by-section discussion of the Constitution. Four issues provoked extensive debate, including the two-year and six-year terms for representatives and senators, and the Article I powers given to Congress.
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The 1788 convention
The convention began with a detailed discussion of the Constitution, section by section. Four key issues sparked extensive debate, highlighting the complexities and divisions within the state. Firstly, Anti-Federalists, accustomed to annual elections, opposed the proposed two-year and six-year terms for representatives and senators. Secondly, they argued that the powers granted to Congress under Article I significantly diminished state governments' authority. Thirdly, the creation of a federal judicial branch was met with resistance. Finally, many delegates supported the existing state constitution's requirement that only Protestants could hold office, conflicting with Article VI's prohibition on religious tests for public office.
The convention faced a significant challenge as only ninety of the 113 delegates were present, with two-thirds of the absent delegates hailing from Anti-Federalist towns. This unexpected development heightened the tensions between Federalists and Anti-Federalists. The Federalists seized the opportunity to push for a swift vote, while the Anti-Federalists, realising their disadvantage, sought to delay the vote and negotiate amendments. The Federalists, however, were successful in their endeavour, and the main motion to ratify the Constitution with recommended amendments passed by a narrow margin.
The outcome of the 1788 convention carried significant weight as New Hampshire was poised to become the ninth state to ratify the Constitution, a critical milestone. Article VII of the 1787 U.S. Constitution stipulated that the approval of nine states was sufficient to establish the Constitution between the ratifying states. The convention's decision, therefore, held immense symbolic and practical significance, paving the way for the Constitution to become the official framework of the U.S. government.
The journey towards ratification was not without its challenges and complexities. The convention adjourned in February 1788, causing uncertainty across the country. When it reassembled in mid-June, the outcome remained unpredictable. New Hampshire's ratification was the culmination of a long and arduous process, marking a pivotal moment in the history of the United States.
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The role of Anti-Federalists
On June 21, 1788, New Hampshire became the ninth of 13 states to ratify the US Constitution, which then became the official framework of the US government. New Hampshire's ratification was not straightforward. Initially, approval seemed likely, but the state convention adjourned after meeting for just a week in February 1788, sending shockwaves around the country and dismaying Federalists.
The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger US federal government and the ratification of the 1787 Constitution. The name "Anti-Federalist" was imposed on the movement by their opponents, the Federalists, and was meant to mark them as against the very political ideas they embraced. The Anti-Federalists rejected this term, arguing that they were the true Federalists. They were strong in the key states of Massachusetts, New York, and Virginia, and they were more likely to be small farmers from rural areas than lawyers and merchants from urban areas. Led by Patrick Henry of Virginia, they believed that the Constitution, as drafted, would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for tyranny. They advocated for a more decentralized form of government with greater protections for individual rights and stronger representation for the states. They also believed that the national government would be too far away from the people and unresponsive to the needs of localities.
In New Hampshire, Anti-Federalists opposed the two-year and six-year terms for representatives and senators, believing that this stripped power from the state governments. They also objected to the creation of a federal judicial branch and the prohibition of religious tests for public office. The Anti-Federalists' arguments influenced the formation of the Bill of Rights, which became part of the Constitution at the end of 1791.
After New Hampshire's ratification, Anti-Federalists became the nucleus of the Jeffersonian Republican Party (later the Democratic-Republican Party and, eventually, the Democratic Party). They were strict constructionists of the new Constitution and opposed a strong national fiscal policy.
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Amendments and their impact
New Hampshire ratified the US Constitution on June 21, 1788, becoming the ninth of 13 states to do so. 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.
The current New Hampshire Constitution has been amended 149 times. Voters last approved amendments to the state constitution on November 6, 2018, when two additional amendments were approved.
The New Hampshire Constitution has been amended numerous times to address various issues and evolving needs of the state. One notable example is the Claremont case in 1993, where the state's Supreme Court interpreted Article 83 as making equal public education a state responsibility. This interpretation led to a series of cases where the court found school-funding legislation unconstitutional. While the General Court has debated a constitutional amendment to address this issue, it has not been approved.
Another significant amendment to the New Hampshire Constitution is the addition of Part II, Article 100, which allows for either the General Court or a Constitutional Convention to submit amendments directly to the voters for adoption. This amendment streamlined the process for amending the constitution, which previously could only be done by convention every seven years. Since this change, New Hampshire has had 17 constitutional conventions and proposed 64 amendments, of which 26 have been ratified by voters.
The New Hampshire Constitution also includes provisions for the protection of individual rights, such as double jeopardy, free speech, freedom of the press, jury trials, natural rights, religious freedom, the right to bear arms, and protections against unreasonable searches and seizures. These rights are outlined in Part First of the constitution, which contains 41 articles.
Additionally, the New Hampshire Constitution establishes the structure and authority of the state government, including the roles and responsibilities of the governor, the General Court, and the House of Representatives. Articles 9 through 24 of the constitution, for example, establish the authority and makeup of the House of Representatives, while Articles 25 through 40 define the role and makeup of the Senate.
In summary, the amendments to the New Hampshire Constitution have had a significant impact on various aspects of the state, including education, the amendment process, individual rights, and the structure and authority of the state government. These amendments reflect the evolving needs and priorities of the state and its citizens.
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Frequently asked questions
New Hampshire approved the US Constitution on June 21, 1788.
New Hampshire became the ninth state to ratify the Constitution, which meant that it could now be put into effect.
The New Hampshire convention opened in Exeter on February 13, 1788, and began a section-by-section discussion of the Constitution. The process was contentious, with Anti-Federalists opposing the proposed term lengths for representatives and senators, the powers given to Congress, and the creation of a federal judicial branch. Federalists pushed for a quick vote, and ultimately, the motion to ratify the Constitution with recommended amendments passed.
Following New Hampshire's ratification, Congress set dates for the first federal elections and the official implementation of the Constitution. The new government was set to begin on March 4, 1789, with George Washington as President and John Adams as Vice President.
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