The New Hampshire State Constitution: A Reference Guide
This book offers a historical overview of the development and application of the New Hampshire Constitution. It contains a general constitutional history and an article-by-article commentary, including discussion of important cases. Also included are a bibliographical essay, table of cases, tables relating to constitutional conventions and amendments, and a general index. |
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Contents
| 1 | |
| 4 | |
Dissent Develops against the 1776 Constitution | 7 |
The Worlds First Modern Constitutional Convention | 9 |
Adoption of the 1784 Permanent Constitution | 10 |
The Revision of 1792 | 12 |
Over 80 Years of Constitutional Satisfaction | 15 |
Important Changes Reshape State Government in 1877 | 17 |
Article 25 Senate How Constituted | 146 |
Article 26a Division of Town Ward or Place Senatorial Districts | 147 |
Article 27 Election of Senators | 148 |
Article 30 Inhabitant Defined | 149 |
Article 31 Inhabitants of Unincorporated Places Their Rights etc Repealed in 1976 | 150 |
Article 33 Secretary of State to Count Votes for Senators and Notify Persons Elected | 151 |
Article 34 Vacancies in Senate How Filled | 152 |
Article 35 Senate Judges of Their Own Elections | 153 |
Amendments to the Constitution 17922002 | 18 |
Conclusion | 27 |
NEW HAMPSHIRE CONSTITUTION AND COMMENTARY | 35 |
Part 1 the Bill of Rights | 37 |
Article 2 Natural Rights | 39 |
Article 2a The Bearing of Arms | 42 |
Article 3 Society Its Organization and Purposes | 43 |
Article 5 Religious Freedom Recognized | 44 |
Article 6 Morality and Piety | 46 |
Article 7 State Sovereignty | 48 |
Article 8 Accountability of Magistrates and Officers Publics Right to Know | 50 |
Article 9 No Hereditary Office or Place | 52 |
Article 11 Elections and Elective Franchises | 54 |
Article 12 Protection and Taxation Reciprocal | 58 |
Article 13 Conscientious Objectors Not Compelled to Bear Arms | 61 |
Article 15 Right of Accused | 65 |
Article 16 Former Jeopardy Jury Trial in Capital Cases | 74 |
Article 17 Venue of Criminal Prosecutions | 76 |
Article 18 Penalties to Be Proportioned to Offenses True Design of Punishment | 78 |
Article 19 Searches and Seizures Regulated | 80 |
Article 20 Jury Trial in Civil Causes | 82 |
Article 21 Jurors Compensation | 84 |
Article 22 Free Speech Liberty of the Press | 85 |
Article 23 Retrospect Laws Prohibited | 87 |
Article 24 Militia | 90 |
Article 28 Taxes by Whom Levied | 91 |
Article 29 Suspension of Laws by Legislature Only | 93 |
Article 30 Freedom of Speech | 94 |
Article 31 Meetings of Legislature for What Purposes | 95 |
Article 33 Excessive Bail Fines and Punishments Prohibited | 97 |
Article 34 Martial Law Limited | 99 |
Article 35 The Judiciary Tenure of Office etc | 100 |
Article 36 Pensions | 102 |
Article 36a Use of Retirement Funds | 104 |
Article 37 Separation of Powers | 105 |
Article 38 Social Virtues Inculcated | 107 |
Article 39 Changes in Town and City Charters Referendum Required | 108 |
Part 2 the Form of Government | 113 |
Article 2 Legislature How Constituted | 114 |
Article 3 General Court When to Meet and Dissolve | 115 |
Article 4 Power of General Court to Establish Courts | 116 |
Article 5 Power to Make Laws Elect Officers Define Their Powers and Duties Impose Fines and Assess Taxes Prohibited from Authorizing Towns to ... | 118 |
Article 5a Continuity of Government in Case of Enemy Attack | 123 |
Article 5b Power to Provide for Tax Valuations Based on Use | 124 |
Article 6a Use of Certain Revenues Restricted to Highways | 126 |
Article 6b Use of Lottery Revenues Restricted to Educational Purposes | 128 |
Article 8 Open Sessions of Legislature | 129 |
Article 9a Legislative Adjustments of Census with Reference to NonResident | 131 |
Article 10 Representations of Small Towns Repealed in 1889 | 132 |
Article 11a Division of Town Ward or Place Representatives Districts | 134 |
Article 13 Qualifications of Electors Repealed in 1976 | 135 |
Article 15 Compensation of the Legislature | 136 |
Article 16 Vacancies in House How Filled | 138 |
Article 18 Money Bills to Originate in House | 139 |
Article 19 Adjournment | 141 |
Article 21 Privileges of Members of Legislature | 142 |
Article 23 Senate and Executive Have Like Powers Imprisonment Limited | 144 |
Article 36 Adjournment | 154 |
Quorum | 155 |
Article 38 Senate to Try Impeachments Mode of Proceeding | 156 |
Article 39 Judgment on Impeachment Limited | 157 |
Article 41 Governor Supreme Executive Magistrate | 158 |
Article 42 Election of Governor Return of Votes Electors If No Choice Legislature to Elect One of Two Highest Candidates Qualifications for Govern... | 159 |
Article 43 In Cases of Disagreement Governor to Adjourn or Prorogue Legislature If Causes Exist May Convene Them Elsewhere | 160 |
Article 44 Veto to Bills | 161 |
Article 45 Resolves to Be Treated Like Bills | 164 |
Article 47 Governor and Council Have Negative on Each Other | 166 |
Article 49 President of Senate etc to Act as Governor When Office Vacant Speaker of House to Act When Office of President of Senate Is also Vacant | 167 |
Article 49a Prolonged Failure to Qualify Vacancy in Office of Governor Due to Physical or Mental Incapacity etc | 169 |
Article 50 Governor to Prorogue or Adjourn Legislature and Call Extra Sessions | 170 |
Article 51 Powers and Duties of Governor as CommanderinChief | 171 |
Article 52 Pardoning Power | 172 |
Article 53 Militia Officers Removal of Repealed in 1976 | 173 |
Article 57 Accounts of Military Stores Repealed in 1950 | 174 |
Article 58 Compensation of Governor and Council | 175 |
Article 61 Vacancies How Filled if No Choice | 176 |
Article 62 Subsequent Vacancies Governor to Convene Duties | 177 |
Article 63 Impeachment of Councilors | 178 |
Article 65 Councilor Districts Provided For | 179 |
Article 67 Election of Secretary and Treasurer | 180 |
Article 69 Deputy Secretary | 181 |
Article 71 County Treasurers Registers of Probate County Attorneys Sheriffs and Registers of Deeds Elected | 182 |
Article 72 Counties May Be Divided into Districts for Registering Deeds | 183 |
Article 73 Tenure of Office to Be Expressed in Commissions Judges to Hold Office During Good Behavior etc Removal | 185 |
Article 73a Supreme Court Administration | 186 |
Article 74 Judges to Give Opinions When | 187 |
Article 75 Justices of Peace Commissioned for Five Years | 190 |
Article 76 Divorce and Probate Appeals Where Tried | 191 |
Article 77 Jurisdiction of Justices in Civil Causes | 192 |
Article 78 Judges and Sheriffs When Disqualified by Age | 193 |
Article 79 Judges and Justices Not to Act as Counsel | 194 |
Article 80 Jurisdiction and Term of Probate Courts | 195 |
Article 81 Judges and Registers of Probate Not to Act as Counsel | 196 |
Article 83 Encouragement of Literature etc Control of Corporations Monopolies etc | 197 |
Article 84 Oath of Civil Officers | 201 |
Article 85 Before Whom Taken | 203 |
Article 88 Form of Indictments etc | 205 |
Article 91 Habeas Corpus | 206 |
Article 92 Enacting Style of Statutes | 207 |
Article 94 Incompatibility of Offices Only Two Offices of Profit to Be Holden at Same Time | 208 |
Article 96 Bribery and Corruption Disqualify for Office | 209 |
Article 99 Revision of Constitution Provided For Repealed in 1980 | 210 |
Article 100 Alternate Methods of Proposing Amendments | 211 |
Article 101 Enrollment of Constitution | 214 |
TABLES AND APPENDICES | 217 |
Table 2 Constitution Amendments Proposed for Ratification Grouped by Topic | 218 |
Table 3 Amendments to the Constitution 17922002 | 222 |
Text of 1776 Constitution | 224 |
Text of 1784 Constitution | 227 |
BIBLIOGRAPHICAL ESSAY | 247 |
TABLE OF CASES | 253 |
INDEX | 266 |
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Common terms and phrases
1780 Massachusetts Constitution 1784 constitution action adjourn adopted allowed amendment annual appeared applied appointed approved authority ballot bill branch called City civil commission constitutional convention convention court held criminal defendant delegates determine district duties effect election enacted equal established evidence executive exercise federal funds give governor and council granted Hampshire Constitution Hampshire Supreme Court holding house of representatives impeachment inhabitants interest interpreted issue Journal judges judicial jurisdiction jury Justices legislative legislature limitation majority manner means meeting offense Opinion peace person Petition polls present president probate procedure proceedings prohibited proposed protection punishment qualified question reasonable received records reference relating removed returns rule secretary senate sentence session Source statute superior court town trial United violation vote voters
Popular passages
Page 233 - Court, from time to time, to make, ordain and establish, all manner of wholesome, and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without, (so as the same be not repugnant or contrary to this Constitution) as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Page 100 - IT is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit.
Page 61 - EVERY subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
Page 58 - ... no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people.
Page 48 - The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.
Page 95 - The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives; and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.
Page 58 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.
Bibliographic information
| Title | The New Hampshire State Constitution: A Reference Guide Volume 39 of Reference guides to the United States constitution Issue 39 of Reference guides to the state constitutions of the United States, Susan E. Marshall G. Alan Tarr, ser. ed |
| Author | Susan E. Marshall |
| Publisher | Greenwood Publishing Group, 2004 |
| ISBN | 0313311439, 9780313311437 |
| Length | 273 pages |
| Subjects | › Law / Constitutional |
| Export Citation | BiBTeX EndNote RefMan |