Proclaim States' Rights
Return to list of Bills

State Sovereignty & States' Rights Patriot Tool

Details of Bill
New Hampshire Bill #HB 1648   View text of Bill | Go to Bill Online
Bill Name:House Bill 1648
Type:Health Care Freedom
Requested Patriot Action: This bill was assigned to the House Health, Human Services & Elderly Affairs Committee and was heard by this committee on 01/19/2010. The democrats on this Committee killed this bill, reporting it Inexpedient to Legislate (recommended do not pass). Please remove these democrats at the ballot box.

Read More
Next/Last Hearing: 01/19/2010 at 11:00 AM LOB 205-207

House Health, Human Service & Elderly Affairs Secretary: Joan Soulard Phone: 271-3589

Committee Members:

Chair Cindy Rosenwald(d) (603)595-9896
Vice Thomas Donovan(d) (603)542-0463
Clerk Joan Schulze(d) (603)888-3380
Mem Barbara French (d) (603)428-3366
Mem Joy Tilton (d) (603)286-8806
Mem Suzanne Butcher (d) (603)357-8383
Mem Robert Bridgham (d) (603)447-1733
Mem Evalyn Merrick (d) (603)788-4311
Mem Trinka Russell (d) (603)580-1504
Mem Rich DiPentima (d) (603)559-9765
Mem Kate Miller (d) (603)279-4764
Mem Peter Batula (r) (603)424-6091
Mem Charles McMahon (r) (603)432-8877
Mem James Pilliod (r) (603)524-3047
Mem Susan Emerson (r) (603)899-6529
Mem Frank Case (r) (603)895-2718
Mem Alida Millham (r) (603)524-1278
Mem Roger Wells (r) (603)329-6689
Mem John Cebrowski (r) (603)472-9113
Mem Frank Kotowski (r) (603)485-9579

Sponsors: Sponsored by Representatives:

Daniel Itse (603)642-9403
Dudley Dumaine (603)622-2293
Moe Villeneuve(603)472-6928
Paul Ingbretson (603)989-3092
Comerford (603)895-2493

Session Schedule: In Session 1/7/09 6/25/09

Interim Recess 6/26/09 - 12/31/09 (est.)

In session Jan 2010 - June 30 2010 (est.)
Similar Bills in other states: 
Date Introduced: 1/6/2010
Status:Reported Inexpedient to Legislate by Health Committee 1/19/2010
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: HB1648 -FN
Session Year 2010
Bill Docket
Bill Status

Bill Text Title: prohibiting interference with access to medical services and health insurance of New Hampshire citizens. G-Status: HOUSE

House Status: IN COMMITTEE

Next/Last Hearing: 01/19/2010 at 11:00 AM LOB 205-207

The following House members voted to kill this bill in a roll call vote:
Name-------------Party -------County---District---Vote to Kill
Aguiar, James Democrat Grafton 06 Yea
Almy, Susan Democrat Grafton 11 Yea
Arsenault, Beth Democrat Belknap 04 Yea
Baroody, Benjamin Democrat Hillsborough 13 Yea
Batula, Peter Republican Hillsborough 19 Yea
Beauchamp, Roger Democrat Hillsborough 17 Yea
Beaulieu, Jane Democrat Hillsborough 17 Yea
Beck, Catriona Democrat Hillsborough 02 Yea
Benn, Bernard Democrat Grafton 09 Yea
Bergin, Peter Republican Hillsborough 06 Yea
Bettencourt, David Republican Rockingham 04 Yea
Bickford, David Republican Strafford 03 Yea
Boisvert, Ronald Democrat Hillsborough 17 Yea
Bolster, Peter Republican Belknap 05 Yea
Borden, David Democrat Rockingham 18 Yea
Bouchard, Candace Democrat Merrimack 11 Yea
Brennan, William Democrat Strafford 01 Yea
Bridgham, Robert Democrat Carroll 02 Yea
Brown, C. Pennington Democrat Rockingham 09 Yea
Brown, Carole Democrat Merrimack 08 Yea
Brown, Larry Democrat Strafford 03 Yea
Browne, Brendon Democrat Strafford 04 Yea
Buco, Thomas Democrat Carroll 01 Yea
Burke, Rachel Democrat Strafford 03 Yea
Burridge, Delmar Democrat Cheshire 03 Yea
Butcher, Suzanne Democrat Cheshire 03 Yea
Butler, Edward Democrat Carroll 01 Yea
Butterworth, Timothy Democrat Cheshire 04 Yea
Butynski, William Democrat Cheshire 04 Yea
Cali-Pitts, Jacqueline Democrat Rockingham 16 Yea
Campbell, David Democrat Hillsborough 24 Yea
Carlson, Nancy Democrat Cheshire 06 Yea
Caron, June Democrat Hillsborough 25 Yea
Carr, Daniel Democrat Cheshire 04 Yea
Case, Frank Republican Rockingham 01 Yea
Casey, Kimberley Democrat Rockingham 11 Yea
Cebrowski, John Republican Hillsborough 18 Yea
Chandley, Shannon Democrat Hillsborough 06 Yea
Chase, Claudia Democrat Hillsborough 02 Yea
Chininis, Alexis Democrat Hillsborough 10 Yea
Christensen, Chris Republican Hillsborough 19 Yea
Clarke, Claire Democrat Merrimack 06 Yea
Cloutier, John Democrat Sullivan 04 Yea
Cooney, Mary Democrat Grafton 07 Yea
Craig, James Democrat Hillsborough 09 Yea
Cushing, Robert Democrat Rockingham 15 Yea
Cyr, James Democrat Strafford 03 Yea
Davis, Frank Democrat Merrimack 07 Yea
Day, Judith Democrat Rockingham 13 Yea
DeJoie, John Democrat Merrimack 11 Yea
DeStefano, Stephen Democrat Merrimack 13 Yea
DiFruscia, Anthony Republican Rockingham 04 Yea
DiPentima, Rich Democrat Rockingham 16 Yea
Dokmo, Cynthia Republican Hillsborough 06 Yea
Donovan, Thomas Democrat Sullivan 04 Yea
Drisko, Richard Republican Hillsborough 05 Yea
Eaton, Daniel Democrat Cheshire 02 Yea
Emerton, Larry Republican Hillsborough 07 Yea
Farley, Michael Democrat Hillsborough 15 Yea
Fesh, Robert Republican Rockingham 05 Yea
Fields, Dennis Republican Belknap 02 Yea
Flanders, Donald Republican Belknap 04 Yea
Flanders, John Republican Rockingham 08 Yea
Flurey, Joan Democrat Hillsborough 16 Yea
Foose, Robert Democrat Merrimack 01 Yea
Ford, Susan Democrat Grafton 03 Yea
Foster, Linda Democrat Hillsborough 04 Yea
French, Barbara Democrat Merrimack 05 Yea
Friedrich, Carol Democrat Grafton 06 Yea
Gagnon, Raymond Democrat Sullivan 04 Yea
Gargasz, Carolyn Republican Hillsborough 05 Yea
Garrity, Patrick Democrat Hillsborough 14 Yea
Gidge, Kenneth Democrat Hillsborough 24 Yea
Gile, Mary Democrat Merrimack 10 Yea
Ginsburg, Ruth Democrat Hillsborough 20 Yea
Gionet, Edmond Republican Grafton 03 Yea
Gleason, John Republican Rockingham 05 Yea
Goley, Jeffrey Democrat Hillsborough 08 Yea
Gorman, Mary Democrat Hillsborough 23 Yea
Gottling, Suzanne Democrat Sullivan 03 Yea
Gould, Franklin Democrat Grafton 11 Yea
Gould, Kenneth Republican Rockingham 05 Yea
Graham, John Republican Hillsborough 18 Yea
Grassie, Anne Democrat Strafford 01 Yea
Griffin, Mary Republican Rockingham 04 Yea
Hackel, Paul Democrat Hillsborough 21 Yea
Haefner, Robert Republican Hillsborough 27 Yea
Haley, Robert Democrat Hillsborough 14 Yea
Hamm, Christine Democrat Merrimack 04 Yea
Hammond, Jill Democrat Hillsborough 03 Yea
Harding, Laurie Democrat Grafton 11 Yea
Hardy, Valerie Democrat Hillsborough 27 Yea
Harris, Sandra Democrat Sullivan 04 Yea
Harvey, Philip Democrat Hillsborough 01 Yea
Harvey, Suzanne Democrat Hillsborough 21 Yea
Hatch, William Democrat Coos 03 Yea
Hawkins, Ken Republican Hillsborough 18 Yea
Headd, James Republican Rockingham 03 Yea
Henson, John Democrat Rockingham 13 Yea
Hodges, Kevin Democrat Hillsborough 07 Yea
Hofemann, Roland Democrat Strafford 06 Yea
Holden, Rip Republican Hillsborough 07 Yea
Horrigan, Timothy Democrat Strafford 07 Yea
Houde-Quimby, Charlotte Democrat Sullivan 01 Yea
Howard, Thomas Republican Sullivan 02 Yea
Hutz, Sarah Democrat Strafford 05 Yea
Ingersoll, Paul Democrat Coos 04 Yea
Ingram, Russell Republican Rockingham 04 Yea
Irwin, Anne-Marie Democrat Hillsborough 03 Yea
Jeudy, Jean Democrat Hillsborough 10 Yea
Johnson, William Democrat Belknap 05 Yea
Kaen, Naida Democrat Strafford 07 Yea
Katsiantonis, George Democrat Hillsborough 17 Yea
Katsiantonis, Thomas Democrat Hillsborough 15 Yea
Keans, Sandra Democrat Strafford 01 Yea
Kelly, Sally Democrat Merrimack 07 Yea
Kepner, Susan Democrat Rockingham 15 Yea
Kidder, David Republican Merrimack 01 Yea
Knowles, John Democrat Hillsborough 27 Yea
Knowles, Mary Ann Democrat Hillsborough 27 Yea
Knox, J. David Republican Carroll 04 Yea
Komi, Richard Democrat Hillsborough 12 Yea
Kopka, Angeline Democrat Hillsborough 26 Yea
Kotowski, Frank Republican Merrimack 09 Yea
L'Heureux, Robert Republican Hillsborough 19 Yea
Ladd, Rick Republican Grafton 05 Yea
Laliberte, Suzanne Democrat Grafton 10 Yea
Lauterborn, Elaine Democrat Strafford 01 Yea
Lerandeau, Alfred Democrat Cheshire 06 Yea
Levesque, Melanie Democrat Hillsborough 05 Yea
Lindsey, Steven Democrat Cheshire 03 Yea
Lockwood, Priscilla Republican Merrimack 06 Yea
Long, Patrick Democrat Hillsborough 10 Yea
Lyons, Melissa Democrat Rockingham 08 Yea
Mack, Ron Democrat Hillsborough 01 Yea
Major, Norman Republican Rockingham 08 Yea
Mann, Maureen Democrat Rockingham 01 Yea
Marshall, Seth Democrat Hillsborough 23 Yea
Matarazzo, Anthony Democrat Hillsborough 20 Yea
Matheson, Robert Democrat Grafton 04 Yea
Maybeck, Margie Republican Grafton 08 Yea
McCarthy, Barbara Democrat Rockingham 05 Yea
McClammer, Jim Democrat Sullivan 05 Yea
McEachern, Paul Democrat Rockingham 16 Yea
McKinney, Betsy Republican Rockingham 03 Yea
McMahon, Charles Republican Rockingham 04 Yea
McMahon, Patricia Democrat Merrimack 03 Yea
Meader, David Democrat Cheshire 03 Yea
Mears, Lucy Democrat Coos 04 Yea
Merrick, Evalyn Democrat Coos 02 Yea
Merry, Liz Democrat Belknap 02 Yea
Messier, Irene Republican Hillsborough 17 Yea
Millham, Alida Republican Belknap 05 Yea
Mitchell, Bonnie Democrat Cheshire 07 Yea
Moody, Marcia Democrat Rockingham 12 Yea
Movsesian, Lori Democrat Hillsborough 22 Yea
Mulholland, Catherine Democrat Grafton 10 Yea
Nedeau, Stephen Republican Belknap 03 Yea
Nevins, Chris Republican Rockingham 15 Yea
Nixon, David Democrat Hillsborough 17 Yea
Nord, Susi Democrat Rockingham 01 Yea
O'Brien, Michael Democrat Hillsborough 26 Yea
O'Neil, James Democrat Hillsborough 19 Yea
Osborne, Jessie Democrat Merrimack 12 Yea
Owen, Derek Democrat Merrimack 04 Yea
Palfrey, David Republican Merrimack 02 Yea
Pantelakos, Laura Democrat Rockingham 16 Yea
Parkhurst, Henry Democrat Cheshire 04 Yea
Pastor, Beatriz Democrat Grafton 09 Yea
Patten, Betsey Republican Carroll 04 Yea
Perry, Robert Democrat Strafford 03 Yea
Peterson, Andrew Republican Hillsborough 03 Yea
Petterson, Don Democrat Rockingham 10 Yea
Pierce, David Democrat Grafton 09 Yea
Pilliod, James Republican Belknap 05 Yea
Pilotte, Maurice Democrat Hillsborough 16 Yea
Porter, Margaret Democrat Merrimack 08 Yea
Potter, Frances Democrat Merrimack 10 Yea
Poznanski, Brian Democrat Hillsborough 26 Yea
Preston, Philip Democrat Grafton 08 Yea
Price, Pamela Republican Hillsborough 26 Yea
Price, Susan Democrat Strafford 03 Yea
Ramsey, Peter Democrat Hillsborough 08 Yea
Rappaport, Laurence Republican Coos 01 Yea
Rausch, James Republican Rockingham 05 Yea
Read, Robin Democrat Rockingham 16 Yea
Reever, Judith Democrat Belknap 04 Yea
Remick, William Republican Coos 02 Yea
Rhodes, Brian Democrat Hillsborough 22 Yea
Rice, Chip Democrat Merrimack 12 Yea
Richardson, Barbara Democrat Cheshire 05 Yea
Richardson, Gary Democrat Merrimack 04 Yea
Richardson, Herbert Republican Coos 02 Yea
Roberts, Kris Democrat Cheshire 03 Yea
Robertson, Timothy Democrat Cheshire 03 Yea
Rodd, Beth Democrat Merrimack 05 Yea
Rodeschin, Beverly Republican Sullivan 02 Yea
Rogers, Rose Marie Democrat Strafford 01 Yea
Rollo, Deanna Democrat Strafford 02 Yea
Rosenwald, Cindy Democrat Hillsborough 22 Yea
Rous, Emma Democrat Strafford 07 Yea
Russell, David Republican Belknap 06 Yea
Russell, Trinka Democrat Rockingham 13 Yea
Ryder, Donald Republican Hillsborough 05 Yea
Ryder, Mark Democrat Strafford 06 Yea
Sad, Tara Democrat Cheshire 02 Yea
Sanders, Elisabeth Republican Rockingham 07 Yea
Scamman, W. Douglas Republican Rockingham 13 Yea
Schlachman, Donna Democrat Rockingham 13 Yea
Schmidt, Peter Democrat Strafford 04 Yea
Schuett, Dianne Democrat Merrimack 07 Yea
Schulze, Joan Democrat Hillsborough 26 Yea
Shattuck, Gilman Democrat Hillsborough 01 Yea
Shaw, Barbara Democrat Hillsborough 16 Yea
Shaw, Kimberly Democrat Hillsborough 26 Yea
Shurtleff, Stephen Democrat Merrimack 10 Yea
Skinder, Carla Democrat Sullivan 01 Yea
Smith, Marjorie Democrat Strafford 07 Yea
Smith, Suzanne Democrat Grafton 07 Yea
Smith, Todd Republican Merrimack 09 Yea
Spang, Judith Democrat Strafford 07 Yea
Spaulding, Jayne Republican Hillsborough 18 Yea
Splaine, James Democrat Rockingham 16 Yea
Sprague, Dale Democrat Strafford 02 Yea
Stetson, William Democrat Merrimack 10 Yea
Stiles, Nancy Republican Rockingham 15 Yea
Stohl, Eric Republican Coos 01 Yea
Stuart, Richard Democrat Belknap 04 Yea
Sullivan, Daniel Democrat Hillsborough 08 Yea
Tahir, Saghir Republican Hillsborough 09 Yea
Taylor, Kathleen Democrat Grafton 02 Yea
Theberge, Robert Democrat Coos 04 Yea
Thomas, Yvonne Democrat Coos 04 Yea
Thompson, Robert Democrat Hillsborough 09 Yea
Tilton, Joy Democrat Merrimack 06 Yea
Townsend, Charles Democrat Grafton 10 Yea
Tupper, Frank Democrat Merrimack 06 Yea
Umberger, Karen Republican Carroll 01 Yea
Vachon, Dennis Democrat Strafford 03 Yea
Veazey, John Republican Belknap 04 Yea
Wall, Janet Democrat Strafford 07 Yea
Wallner, Mary Jane Democrat Merrimack 12 Yea
Walsh, Robert Democrat Hillsborough 11 Yea
Walz, Mary Beth Democrat Merrimack 13 Yea
Ward, Brien Republican Grafton 01 Yea
Ward, Kenneth Democrat Strafford 02 Yea
Watrous, Rick Democrat Merrimack 12 Yea
Watters, David Democrat Strafford 04 Yea
Weare, Everett Republican Rockingham 14 Yea
Webb, Leigh Democrat Merrimack 02 Yea
Webber, Carolyn Democrat Rockingham 04 Yea
Weber, Lucy Democrat Cheshire 02 Yea
Weed, Charles Democrat Cheshire 03 Yea
Welch, David Republican Rockingham 08 Yea
Weyler, Kenneth Republican Rockingham 08 Yea
Wheeler, Deborah Democrat Merrimack 06 Yea
White, Andrew Democrat Grafton 11 Yea
Wiley, Susan Democrat Carroll 03 Yea
Williams, Carol Democrat Hillsborough 14 Yea
Williams, Robert Democrat Merrimack 11 Yea
Winters, Joel Democrat Hillsborough 17 Yea
Yeaton, Charles Democrat Merrimack 08 Yea

House votes:
Senate votes:
Federal reply:
State constitution: New Hampshire State Constitution

Bill of Rights
Established October 31, 1783 Effective June 2, 1784 As Subsequently Amended and in Force January 2007

Article 1. [Equality of Men; Origin and Object of Government.] All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good.

June 2, 1784*

*The date on which each article was proclaimed as having been adopted is given after each article. This is followed by the year in which amendments were adopted and the subject matter of all the amendments.

[Art.] 2. [Natural Rights.] All men have certain natural, essential, and inherent rights - among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.

June 2, 1784

Amended 1974 adding sentence to prohibit discrimination.

[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

December 1, 1982

[Art.] 3. [Society, its Organization and Purposes.] When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.

June 2, 1784

[Art.] 4. [Rights of Conscience Unalienable.] Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.

June 2, 1784

[Art.] 5. [Religious Freedom Recognized.] Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his peers on, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.

June 2, 1784

[Art.] 6. [Morality and Piety.] As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as t he knowledge of these is most likely to be propagated through a society, therefore, the several parishes, bodies, corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both. But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of a ny one sect, denomination or persuasion to another shall ever be established.

June 2, 1784
Amended 1968 to remove obsolete sectarian references.

[Art.] 7. [State Sovereignty.] The people of this state 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, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

June 2, 1784

[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.

June 2, 1784
Amended 1976 by providing right of access to governmental proceedings and records.

[Art.] 9. [No Hereditary Office or Place.] No office or place, whatsoever, in government, shall be hereditary - the abilities and integrity requisite in all, not being transmissible to posterity or relations.

June 2, 1784

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

June 2, 1784

[Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office.

June 2, 1784
Amended 1903 to provide that in order to vote or be eligible for office a person must be able to read the English language and to write.
Amended 19l2 to prohibit those convicted of treason, bribery or willfull violation of the election laws from voting or holding elective office.
Amended 1942 to provide for absentee voting in general elections.
Amended 1956 to provide for absentee voting in primary elections.
Amended 1968 to provide right to vote not denied because of nonpayment of taxes. Also amended in 1968 to delete an obsolete phrase.
Amended 1976 to reduce voting age to 18.
Amended 1984 to provide accessibility to all registration and polling places.

[Art.] 12. [Protection and Taxation Reciprocal.] Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary. But no part of a man’s property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent.

June 2, 1784
Amended 1964 by striking out reference to buying one’s way out of military service.

[Art.] 12-a. [Power to Take Property Limited.] No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.

November 7, 2006

[Art.] 13. [Conscientious Objectors not Compelled to Bear Arms.] No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto.

June 2, 1784
Amended 1964 by striking out reference to buying one’s way out of military service.

[Art.] 14. [Legal Remedies to be Free, Complete, and Prompt.] Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character; to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.

June 2, 1784

[Art.] 15. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.

June 2, 1784
Amended 1966 to provide the right to counsel at state expense if the need is shown.
Amended 1984 reducing legal requirement proof beyond a reasonable doubt to clear and convincing evidence in insanity hearings.

[Art.] 16. [Former Jeopardy; Jury Trial in Capital Cases.] No subject shall be liable to be tried, after an acquittal, for the same crime or offense. Nor shall the legislature make any law that shall subject any person to a capital punishment, (excepting for the government of the army and navy, and the militia in actual service) without trial by jury.

June 2, 1784

[Art.] 17. [Venue of Criminal Prosecutions.] In criminal prosecutions, the trial of facts, in the vicinity where they happened, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offense ought to be tried in any other county or judicial district than that in which it is committed; except in any case in any particular county or judicial district, upon motion by the defendant, and after a finding by the court that a fair and impartial trial cannot be had where the offense may be committed, the court shall direct the trial to a county or judicial district in which a fair and impartial trial can be obtained.

June 2, 1784
Amended 1792 to change "assembly" to: legislature.
Amended 1978 so that court at defendant’s request may change trial to another county or judicial district.

[Art.] 18. [Penalties to be Proportioned to Offenses; True Design of Punishment.] All penalties ought to be proportioned to the nature of the offense. No wise legislature will affix the same punishment to the crimes of theft, forgery , and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate mankind.

June 2, 1784
Amended 1792 deleting "those of" after do in 3d sentence and changing "dye" to: offenses.

[Art.] 19. [Searches and Seizures Regulated.] Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases and with the formalities, prescribed by law.

June 2, 1784
Amended 1792 to change order of words.

[Art.] 20. [Jury Trial in Civil Causes.] In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. This method of procedure shall be held sacred, unless, in cases* arising on the high seas and in cases relating to mariners’ wages, the legislature shall think it necessary hereafter to alter it.

June 2, 1784
Amended in 1877 to prohibit jury trials unless the amount in controversy exceeds $l00.
Amended in 1960 to increase the amount to $500 before a jury trial may be requested.

*"Cases" appears in 1792 parchment copy of constitution. Original constitution had "causes." Amended in 1988 to change $500 to $1,500

[Art.] 21. [Jurors; Compensation.] In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken, that none but qualified persons should be appointed to serve; and such ought to be fully compensated for their travel, time and attendance.

June 2, 1784

[Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.

June 2, 1784
Amended 1968 to include free speech.

[Art.] 23. [Retrospective Laws Prohibited.] Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses.

June 2, 1784

[Art.] 24. [Militia.] A well regulated militia is the proper, natural, and sure defense, of a state.

June 2, 1784

[Art.] 25. [Standing Armies.] Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the legislature.

June 2, 1784

[Art.] 26. [Military Subject to Civil Power.] In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power.

June 2, 1784

[Art.] 27. [Quartering of Soldiers.] No soldier in time of peace, shall be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil authorities in a manner ordained by the legislature.

June 2, 1784
Amended in 1980 substituting "authorities" for "magistrate."

[Art.] 28. [Taxes, by Whom Levied.] No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body.

June 2, 1784

[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.

November 28, 1984

[Art.] 29. [Suspension of Laws by Legislature Only.] The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for.

June 2, 1784

[Art.] 30. [Freedom of Speech.] The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever.

June 2, 1784

[Art.] 31. [Meetings of Legislature, for What Purposes.] The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.

June 2, 1784
Amended 1792 generally rewording sentence and omitting "for correcting, strengthening and confirming the laws."

[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

June 2, 1784

[Art.] 33. [Excessive Bail, Fines, and Punishments Prohibited.] No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

June 2, 1784

[Art.] 34. [Martial Law Limited.] No person can, in any case, be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.

June 2, 1784

[Art.] 35. [The Judiciary; Tenure of Office, etc.] 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 impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the constitution of the state; and that they should have honorable salaries, ascertained and established by standing laws.

June 2, 1784
Amended 1792 to provide for age limitation as provided by the constitution.

Art.] 36. [Pensions.] Economy being a most essential virtue in all states, especially in a young one, no pension shall be granted, but in consideration of actual services; and such pensions ought to be granted with great caution, by the legislature, and never for more than one year at a time.

June 2, 1784

[Art.] 36-a [Use of Retirement Funds.] The employer contributions certified as payable to the New Hampshire retirement system or any successor system to fund the system’s liabilities, as shall be determined by sound actuarial valuation and practice, independent of the executive office, shall be appropriated each fiscal year to the same extent as is certified. All of the assets and proceeds, and income there from, of the New Hampshire retirement system and of any and all other retirement systems for public officers and employees operated by the state or by any of its political subdivisions, and of any successor system, and all contributions and payments made to any such system to provide for retirement and related benefits shall be held, invested or disbursed as in trust for the exclusive purpose of providing for such benefits and shall not be encumbered for, or diverted to, any other purposes.

November 28, 1984

[Art.] 37. [Separation of Powers.] In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.

June 2, 1784

[Art.] 38. [Social Virtues Inculcated.] A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.

June 2, 1784

[Art.] 39. [Changes in Town and City Charters, Referendum Required.] No law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law. The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.

November 16, 1966

Return to list of Bills
The information contained in this web site is not official information and is not guaranteed to be accurate. It has been compiled from official records available to the public. To correct inaccuracies in or omissions from the information on this site, please contact us via e-mail.