Malcolm Rivera
New Hampshire has had two state constitutions. The first was signed on January 5, 1776, when the Congress of New Hampshire voted in Exeter to establish a civil government. This was the first constitution ever ratified by an American commonwealth, and it did not contain a Bill of Rights. The current New Hampshire Constitution was adopted in 1783 and took effect on June 2, 1784, replacing the state's constitution of 1776. The state became the ninth state to ratify the US Constitution on June 21, 1788.
| Characteristics | Values |
|---|---|
| Date of signing the constitution | June 21, 1788 |
| Previous constitution | January 5, 1776 |
| Current constitution | June 2, 1784 |
| Number of state constitutions | 2 |
| Number of amendments to the current constitution | 149 |
| Last amendment | November 6, 2018 |
| Number of votes required for a constitutional amendment | 60% |
| Number of votes required for an amendment to pass | 66.67% |
| Constitution structure | "Bill of Rights" and "Form of Government" |
| Number of articles in the constitution | 43 |
| Number of articles in the first part of the constitution | 101 |
| Number of articles in the second part of the constitution | 11 groups of articles |
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What You'll Learn
New Hampshire's first constitution
On January 5, 1776, the Congress of New Hampshire voted in Exeter to establish a civil government and specified the manner and form that government would have. The Congress ratified the Constitution at the urging of the Continental Congress. The 1776 Constitution did not contain a Bill of Rights, nor was it submitted to the people of New Hampshire. The constitution was the first constitution ever ratified by an American commonwealth. 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. If the conflict with Great Britain lasted beyond 1776, and barring instructions to the contrary from the Continental Congress, the Constitution provided for the popular election of a new Council in each county. The people would also choose various minor officials. While this new "Form of Civil Government" assured that the powers of legislation, taxation, and judicial appointments could be exercised, it did not establish a governorship.
The 1776 Constitution was replaced by a new constitution in 1784, which was composed of two parts: a Bill of Rights and a Form of Government. The new constitution was divided into 43 articles, codifying many of the same natural rights as the United States Constitution, including free speech, freedom of the press, jury trials, freedom of religion, and the right to bear arms. It protected citizens against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers.
New Hampshire's Bill of Rights has been amended regularly since its adoption. New Hampshire's constitution certifies the pro-gun environment in the state. Article 2-a reads: "All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state." New Hampshire has the ability to govern itself independently. The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state.
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The ratification process
During this time, influential figures such as General John Sullivan advocated for self-governance and urged the provincial congress to adopt a formal, written constitution that assured the people's control. On January 5, 1776, the Congress of New Hampshire voted to establish a civil government, specifying its manner and form. This constitution, known as the "Form of Civil Government," included provisions for an elected house and an appointed council, with no governorship established. It was the first constitution ever ratified by an American commonwealth and served as a significant step towards colonial claims for separation of sovereignty from Britain.
However, the ratification process was not without its challenges. New Hampshire's political habits and traditions, such as the priority of town government and a guiding principle of jealousy of popular liberties, played a significant role in shaping the debate. Opinions on the 1787 Constitution, which was the second constitution of the state, varied across the state, with those closest to the coast in the Portsmouth area being strongly Federalist, while those in the central and backcountry parts leaned Anti-Federalist. The Federalists, including merchants, the clergy, and newspaper editors, carried significant influence due to their potential for shaping public opinion.
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Amendments to the constitution
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, has been amended 27 times. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The process of amending the Constitution involves proposing and ratifying changes to its existing provisions. Amendments can be proposed by Congress or by a national convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
The Bill of Rights, the first ten amendments, was proposed by James Madison in response to calls from several states for specific guarantees of personal freedoms and rights. These amendments protect various individual liberties, including freedom of speech, freedom of religion, the right to keep and bear arms, and protection against unreasonable searches and seizures.
Since the Bill of Rights, 17 additional amendments have been added to the Constitution. Some of these amendments, such as the Reconstruction Amendments (the 13th, 14th, and 15th Amendments), were adopted in the wake of the Civil War to address issues related to slavery, citizenship, and voting rights. Other amendments have addressed topics like the prohibition and subsequent repeal of alcohol (the 18th and 21st Amendments, respectively), the election process, and the powers of the federal government.
The process of amending the Constitution is deliberately challenging to ensure that any changes reflect the considered judgment of the American people and are not made lightly. Despite the large number of proposals introduced in Congress, it is rare for an amendment to gain the necessary support to become part of the Constitution.
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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 Bill of Rights
On January 5, 1776, the Congress of New Hampshire voted in Exeter to establish a civil government, which was ratified at the urging of the Continental Congress. This was the first constitution ever ratified by an American commonwealth. The 1776 Constitution, however, did not contain a Bill of Rights, and it was replaced by a new constitution in 1784, which was composed of two parts: the "Bill of Rights" and the "Form of Government".
The New Hampshire Constitution is the fundamental law of the state, and all statute laws must comply with it. The constitution has been amended 149 times, with the most recent amendment being approved by voters on November 6, 2018. The state constitution affords more specific protections than the U.S. Constitution, and New Hampshire's Bill of Rights has been amended regularly since its adoption. The Bill of Rights includes the right to keep and bear arms, free speech, freedom of the press, jury trials, freedom of religion, and protection against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers.
The New Hampshire Constitution also establishes the framework for the General Court and its authority to establish courts, enact state laws, provide for emergency powers, gather funding, and use collected monies. The constitution specifies the authority and makeup of the House of Representatives, the lower house of the General Court, including how representatives are elected, their responsibilities, and their privileges. It also establishes the authority of the Senate, including senatorial districts, how senators are elected, their qualifications, and their powers and responsibilities.
The process of ratifying the 1787 U.S. Constitution in New Hampshire was not straightforward. Initially, approval seemed likely, but delegates at the state convention in February 1788 suddenly adjourned, sending shockwaves across the country. When the convention reassembled in June, the outcome was uncertain. Federalists pushed for a quick vote, while Anti-Federalists sought to include conditional amendments prior to ratification. Ultimately, New Hampshire became the decisive ninth state to ratify the Constitution on June 21, 1788, putting it into effect.
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The constitution's impact
The Constitution of New Hampshire, first ratified in 1776, was the first constitution ever ratified by an American commonwealth. It established a legislature with two branches: a House of Representatives and a Council. The constitution was amended in 1784 to include a Bill of Rights, which mirrored the United States Constitution in codifying natural rights such as free speech, freedom of the press, freedom of religion, and the right to bear arms.
The impact of the New Hampshire Constitution was significant and far-reaching. Firstly, it established the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The constitution's two-part structure, comprising a Bill of Rights and a Form of Government, provided a clear outline of the state's governing principles.
Secondly, the constitution's impact was felt in the specific protections it afforded to citizens. For example, the right to bear arms, free speech, and freedom of the press were all explicitly protected. The constitution also addressed the issue of pensions, with Article 36 barring the state from providing pensions except for "actual services... and never for more than one year at a time." Additionally, the constitution provided for the popular election of representatives, with Articles 9–24 establishing the authority and makeup of the House of Representatives, including how representatives are elected, their responsibilities, and privileges.
The New Hampshire Constitution also had an impact on the state's ability to govern itself independently. The people of the state were guaranteed the "sole and exclusive right of governing themselves as a free, sovereign, and independent state." This right included the ability to exercise and enjoy all powers, jurisdictions, and rights that were not expressly delegated to the United States of America in Congress assembled.
Furthermore, the constitution's impact extended to the state's financial matters. Articles 2–8 established the General Court's framework and its authority to establish courts, enact state laws, provide for emergency powers, and gather funding. This included the important provision that all state-level budgetary legislation must originate from the House of Representatives, mirroring the British and United States Houses of Commons and Representatives, respectively.
Finally, the New Hampshire Constitution's impact was also felt in the state's ability to amend and update its governing document. The constitution has been amended 149 times, with voters most recently approving amendments in 2018. This flexibility allows the state to adapt its constitution to changing circumstances and the needs of its citizens.
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Frequently asked questions
New Hampshire signed its first constitution on January 5, 1776.
This date was six months before the American Declaration of Independence and was the first constitution ever ratified by an American commonwealth.
The 1776 constitution established a legislature with two branches: a House of Representatives (or Assembly) and a Council.
No, the 1776 constitution did not include a Bill of Rights.
New Hampshire ratified the U.S. Constitution on June 21, 1788, becoming the ninth state to do so.
