Article 10 of New Hampshire Constitution invoked

[BlackMage]

One of my favourite pieces of historical trivia is Article 10 of New Hampshire's constitution, which states:

[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.

Yes, the constitution says that they can overthrow the government, and establish a new one.

So, in what circumstances could this article have been invoked? How does the federal government react?

 

[fhaessig]

It could be argued it should have invoked against the current Washington administration.

 

[BlackMage]

It could be argued it should have invoked against the current Washington administration.

Nope, only works with the state government. See, outside New Hampshire, that sort of thing generally counts as treason, not constitutional behaviour.

In fact, in NH, not rising up against a repressive government is treason.

 

[EvolvedSaurian]

Civil War, maybe? If there was widespread discontent with the way the war was being carried out, perhaps Lee wins at Gettysburg, you could see this article invoked, with the result being New Hampshire withdrawing forces home.

 

[Dr Pervez Hoodbhoy]

A reverse 1860, New Hampshire taking the lead in Northern secession (like South Carolina in Dixie).

 

[regiggii]

Great.

So Laconia attacks Franklin/Tilton and we get to see the local Richard Nixon types take over? Very funny!

 

[Aegyptos]

New Hampshire's constitution only has effect in New Hampshire. The section quoted should be interpreted to mean that those folks have the right to over throw their state government when from time to time they see fitr to do so. Not that the big dogs in Washington would ever permit that to happen.

 

[ninebucks]

I agree that this Article is unlikely to get invokes, at least, not in the pre-1900 forum.

 

[MerryPrankster]

New Hampshire's constitution only has effect in New Hampshire. The section quoted should be interpreted to mean that those folks have the right to over throw their state government when from time to time they see fitr to do so. Not that the big dogs in Washington would ever permit that to happen.

There was a town in Tennessee where the townsfolk basically overthrew the corrupt sheriff, who was engaging in vote fraud and and killed a black vet (this was soon after WWII).

Of course, doing this throughout the entire STATE is another matter.

 

[The Mists Of Time]

Articles in the New Hampshire State Constitution only apply to actions by New Hampshire residents involving the New Hampshire State Government, and they are limited to things within the borders of the state of New Hampshire. They do not involve or have anything to do with The Federal Government in Washington, D.C.

However, I think you have to look at where this idea in the New Hampshire State Constitution comes from. It comes directly from passages in The Declaration Of Independence which outline the purpose of government and the power of The People to change that government when it becomes destructive of their rights and liberty.

Since The Declaration Of Independence deals with all of The United States or of what became The United States Of America, The Declaration Of Independence is Federal. The Declaration Of Independence predates The US Constitution and sets precidents that predate The Constitution. It sets precidents that go back to the birth of The United States Of America in 1776.

What these passages in The Declaration Of Independence say is that when government becomes destructive of our rights and liberty, We The People of The USA have the right and even the duty to replace that government with one that will respect, protect, and preserve our rights and liberty.

The government is those we elect to public office and those The President appoints such as cabinet members. When government becomes destructive of our rights and liberty We The People Of The United States have the right and the duty to vote them out and to elect in their place elected officials who will respect, protect, and preserve our rights and liberty.

To many Americans, that's what the 2006 election was all about. I don't know if we as a nation did a good job with that or not. I don't know if we voted for something better, for those who will respect and protect our rights and liberty, or if we simply voted for change without regard for whether they would really respect and protect our rights and liberty.

This article in The New Hampshire State Constitution officially says that the people of New Hampshire also have that right and duty with regard to their state government within the borders of the state of New Hampshire.

 

[Douglas]

Articles in the New Hampshire State Constitution only apply to actions by New Hampshire residents involving the New Hampshire State Government, and they are limited to things within the borders of the state of New Hampshire. They do not involve or have anything to do with The Federal Government in Washington, D.C.

However, I think you have to look at where this idea in the New Hampshire State Constitution comes from. It comes directly from passages in The Declaration Of Independence which outline the purpose of government and the power of The People to change that government when it becomes destructive of their rights and liberty.

Since The Declaration Of Independence deals with all of The United States or of what became The United States Of America, The Declaration Of Independence is Federal. The Declaration Of Independence predates The US Constitution and sets precidents that predate The Constitution. It sets precidents that go back to the birth of The United States Of America in 1776.

What these passages in The Declaration Of Independence say is that when government becomes destructive of our rights and liberty, We The People of The USA have the right and even the duty to replace that government with one that will respect, protect, and preserve our rights and liberty.

The government is those we elect to public office and those The President appoints such as cabinet members. When government becomes destructive of our rights and liberty We The People Of The United States have the right and the duty to vote them out and to elect in their place elected officials who will respect, protect, and preserve our rights and liberty.

To many Americans, that's what the 2006 election was all about. I don't know if we as a nation did a good job with that or not. I don't know if we voted for something better, for those who will respect and protect our rights and liberty, or if we simply voted for change without regard for whether they would really respect and protect our rights and liberty.

This article in The New Hampshire State Constitution officially says that the people of New Hampshire also have that right and duty with regard to their state government within the borders of the state of New Hampshire.

A lot of typing...what did you tell us that we didn't know?

 

[MerryPrankster]

The Constitution gives the Feds the power to "preserve the republican form of government" within the states.

Obviously if it gets to the point where a state government is so abusive and obnoxious that its own people toss it out, something's not working right in Washington.

 

[Wendell]

I guess we know why New Hampshire is the target of the so-called "Free State Project"

 

[Aegyptos]

There was a town in Tennessee where the townsfolk basically overthrew the corrupt sheriff, who was engaging in vote fraud and and killed a black vet (this was soon after WWII).

Of course, doing this throughout the entire STATE is another matter.

Athens, Tennessee. Very interesting event. Returning war veterans took up arms against a corrupt government and put and end to it.

 

[The Mists Of Time]

The Constitution gives the Feds the power to "preserve the republican form of government" within the states.

Obviously if it gets to the point where a state government is so abusive and obnoxious that its own people toss it out, something's not working right in Washington.

In a sense isn't that what happened with Civil Rights? Jim Crow laws and such in The South and the way the Southern States abused the civil rights of Blacks prompted The Federal Government to pass and enforce Civil Rights legislation. The Civil Rights movement by Blacks in The South and how those states reacted to that movement was a very big part of what caused The Federal Government to do that.

 

[ninebucks]

Athens, Tennessee. Very interesting event. Returning war veterans took up arms against a corrupt government and put and end to it.

Oddly appropriate name.