In his same 1809 letter expressing New Hampshire’s state motto, “Live free, or die,” General John Stark, our state and national Revolutionary War hero, made clear what he meant by the words — what he was willing to give his life for at the battles of Bunker Hill, Trenton, Princeton and Bennington more than 30 years before. Stark noted: “As I was then, I am now, the friend of the equal rights of men, of representative democracy.”
He was, of course, referring to the rights embodied in our state and federal constitutions, establishing a constitutional representative democracy for the sovereign state and republican body formed under each document, whereby all of the individuals comprising “the people” of each sovereign do not vote directly on legislation, but through authorized representatives, whose representative authority is constrained by the principles set forth under each constitution, which representatives swear to uphold.
Our preeminent constitutional principles, largely grounded in the political philosophy of John Locke, are found in our state constitution’s Bill of Rights and federal constitution’s preamble. Mainly, they reflect Locke’s view that the only legitimate form of government is popular sovereignty, whereby all of “the people” of our state/republic have equal inalienable and other “natural rights” and, through a “social contract,” mutually conditionally agree to give up some of their natural rights to protect the inalienable and promote the general good, by “consent” to government rule.
The principle of “majority rule” was such a pillar of popular sovereignty to Locke and our founding fathers that Locke warned legitimate government would cease if it were not followed, and Thomas Jefferson urged that it “is in all cases to prevail,” so long as it is reasonable and minority rights are not oppressed but equal and protected. Minority rights are equal and protected under our state and federal constitutions, by equal protection provisions, other constitutionally enumerated rights and checks and balances.
The majority rule is, in theory, upheld under New Hampshire’s constitution by the majority vote of representatives, with protection for minority and individual rights. Article 8 of our Bill of Rights would seem to ensure that the will of the majority in the state is met by holding all representatives accountable to the people, which plainly means all individuals governed by the sovereign under Articles 1 and 7, not just the inhabitants of a representative’s district. But, even in this age when the will of the majority of the people is so easily discernible through polling, and often is sought by our state government with respect to proposed legislation and other government action, state representatives generally seem to ignore it.
Unfortunately, as we enter the 250th year of our nation, “living free,” as envisioned by Stark, Locke, Jefferson and our constitutions, may “die” unless representatives give more power back to “the people.” Throughout the states, including New Hampshire, legislation on both sides is increasingly not enacted for the majority and general good, but minority agendas, special interests and prevailing national political party platforms imposed at the state level on states which had rejected it at the ballot box. Public trust in politicians, the caretakers of our democracy, as democracy itself, is fading fast. Citizens deserve, and our democracy needs, constitutional tuneups that give “the people” a stronger voice in governance.
With its motto and embrace of public involvement in government decision-making, New Hampshire should lead the way in improving and preserving our democracy at the state level. Bipartisan consideration is necessary, but here is one proposal. State legislative action on at least 10 to 20 bills selected by each party each session, presumably for constituent importance, could be subject to final public approval or veto, which could come from a system like that currently used for public voting on bills on the General Court’s website or by subsequent ballot. The governor would retain veto power for approved public legislation, at a minimum to protect minority rights. This would encourage more legislative compromise, less extremism and, by increasing public participation and acceptance in the outcome, strengthen our democracy and political trust.
Richard Husband lives in Litchfield and has been a licensed New Hampshire attorney for over 35 years, with a personal interest in history.