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1. Before the “united States of America” declared their independence in July 1776, a few of them had pretty much done that already by adopting their own written constitutions. The first one was New Hampshire, on January 5 of that year. #50Weeks50Constitutions
2. As the kids say these days, that was a bold strategy Cotton. American opinion over full independence was still very split, and many fighting in the then only 9-month-old revolutionary war were hopeful of some kind of reconciliation with Great Britain.
3. New Hampshire’s economy was hit by British trade restrictions in the run-up to the war, and many New Hampshire residents were roused by the Shot Heard Round the World in nearby Lexington and Concord, Mass., and even joined in at the Battle of Bunker Hill.
4. Shortly thereafter, the royal governor fled, leaving the colony leaderless. It had set-up a “congress” that filled the void, paralleling to some degree the Continental Congress, but it wasn’t exactly what we’d call “legal.”
5. So, the Continental Congress passed a carefully worded resolution encouraging NH’s congress to “establish a form of government.” It then met in Exeter, on Dec 21, 1775. They banged out a constitution, finishing only 15 days later.
6. The constitution most definitely was not the same thing as the Declaration, a mere 6 months later. It called the current conflict an “unhappy and unnatural contest” and stated “we shall rejoice if such a reconciliation between us and our parent state can be effected.”
7. It called for an elected house, and an appointed upper chamber. There was no governor, judiciary, or bill of rights mentioned. Like many later state constitutions, it never went to the people for ratification.
8. This 1st, explicitly temporary, constitution, was just that. 2 years (& a permanent break from Great Britain) later a convention met to draft & adopt a more comprehensive fundamental state law. This process of adopting a 2d constitution took . . . a little longer than the 1st.
9. The convention met for many months and proposed a constitution that was then defeated by the voters. Another was called in 1781, and that then took *3 years* and 3 trips to the voters, before finally securing one, taking effect in June 1784.
10. And, although it’s been amended many times, it is still in effect today. It has a strong bill of rights, a relatively weak governor (as many New England states have had), and explicit recognition of the separation of powers.
11. The Bill of Rights has all kinds of great, fiery language, but to me this stands out. A right to revolution, and a condemnation of pacifism as “absurd” and “slavish”! I know a great many pacifists who might be a bit offended by that.
12. Further, the title of the governor (at first called the president) is “His Excellency.” Current New Hampshirites can weigh in on how often this is used in practice.
13. There have been a few conventions since 1784, which then have proposed amendments to the voters instead of wholesale new constitutions (as is more the norm in other states).
14. And, in Jeffersonian fashion, every few years, if there hasn’t been a convention, the question on whether to hold one goes to the voters. The last time was in 2012, when it was voted down for the 17th time.
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