The New Hampshire State Constitution: A Reference Guide

Capa
Greenwood Publishing Group, 2004 - 273 páginas

This work provides a general history of the development of the New Hampshire state constitution, beginning with the nation's first written state constitution in 1776. The 1776 constitution was replaced by the constitution of 1784, which, even after 144 amendments in over 200 years, still retains the same basic form of government and many of the articles in the Bill of Rights. This book supplies the full text of each article of the constitution and an analysis of each article's development. Each analysis includes a description of amendments to the text and references to cases decided by the New Hampshire Supreme Court.

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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THE CONSTITUTIONAL HISTORY OF NEW HAMPSHIRE
1
The Temporary Constitution of 1776
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Article 31 Inhabitants of Unincorporated Places Their Rights etc Repealed in 1976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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Sobre o autor (2004)

Susan E. Marshall is an attorney and freelance legal writer and editor. She is currently on the board of editors of the New Hampshire Bar Journal and does legal writing contract work for LexisNexis, as well as work in the area of administrative rules for several state agencies.

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