New Hampshire Constitution

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 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.

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 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.

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...."

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