The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
The constitution is divided into two parts: a Bill of Rights and a Form of Government. Subsections of each part are known as articles. For example, the subsection dealing with free speech and liberty of the press is cited as "Part I, Article 22" or "Pt. I, Art. 22."
Part I – Bill of Rights
Part First of the constitution is made up of 43 articles, codifying many of the same natural rights as does the United States Constitution, including free speech, freedom of the press, jury trials, freedom of religion, and the right to bear arms. It protects citizens against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers. In most cases, the state constitution affords more specific protections than the U.S. Constitution. Unlike the U.S. Constitution, New Hampshire's Bill of Rights has been amended regularly since its adoption.
Article 2-a. The Bearing of Arms
New Hampshire's constitution certifies the pro gun environment in the state. Article 2-a reads:
Article 7. State Sovereignty
New Hampshire has the ability to govern itself independently.
Article 10. Right of Revolution
New Hampshire is one of several states that codify a "Right of Revolution" in their state constitutions. The Right of Revolution dates back to the Revolutionary War. Article 10 reads:
Article 11. Elections and Elective Franchises. In New Hampshire all elections are free and all inhabitants 18 or older are permitted to vote in their domicile. Persons convicted of "treason, bribery or any willful violation of the election laws of this state or of the United States" are excluded from voting in elections; which may be restored by the Supreme Court on notice to the Attorney General. The General Court is required to establish absentee ballot and voter qualification process for state and municipal ballot elections, which includes primaries. Polling and voter registration places are required to be "easily accessible to all persons" which specifically includes the disabled and elderly persons who are otherwise qualified to vote in the applicable election. Non-payment of any tax is not a permitted exclusion from voting. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office.
Article 12-a. Eminent domain
Article 12-a., which states that "No part of a person's property shall be taken by eminent domain...if the taking is for the purpose of private development...." was ratified in 2006. It was one of many actions that various states took, in the wake of Kelo v. City of New London the previous year, to limit the uses of eminent domain permitted by that decision.
Article 28-a. Unfunded mandates
Although counties, cities, and towns in New Hampshire are legal constructs of the state, Article 28-a. was added in 1984 to stop the practice by which the state expanded their duties. It provides that any "new, expanded or modified programs or responsibilities" must either be "fully funded by the state" or "approved for funding by a vote of the local legislative body...."
Article 36. Pensions
Article 36 barred the state from providing pensions except for "actual services...and never for more than one year at a time." Article 36–a was added in 1984 to clarify that the state retirement system is constitutional, and to earmark its funds to pay the benefits due retirees.
Part II – Form of Government
Part Second contains 101 articles that specify how state government functions. Article 1 established The State of New Hampshire as the official name of the sovereign and independent state, formerly known as the province of New Hampshire. The remainder of Part II is subdivided in the following sections:
The General Court
Articles 2–8 establish the framework for the General Court and its authority to establish courts, enact state laws affecting the Government of New Hampshire, provide for the State's emergency powers, gather funding, and use collected monies.
House of Representatives
Articles 9–24 establish the authority and makeup of the House of Representatives, the lower house of the General Court. This section of the Constitution establishes how representatives are elected, their responsibilities, and their privileges. These articles make clear that all state-level budgetary legislation must originate from the House, much like the British House of Commons and the United States House of Representatives.