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Bill

CACR 26

the powers of the governor. the governor shall not call up the national guard without the approval of the executive council.

2026 Regular Session Introduced by Heath Howard and 1 co-sponsor

New Hampshire constitutional amendment requiring Governor to gain Executive Council approval before activating the National Guard, shifting emergency military decisions from sole executive control to collaborative oversight.

Minority Committee Report: Ought to Pass
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WeVote Research Nonpartisan
Bill Summary · CACR 26

Legislative bill overview

CACR 26 proposes a constitutional amendment requiring New Hampshire's Governor to obtain approval from the Executive Council before activating the state's National Guard. Currently, the Governor has unilateral authority to call up the National Guard for state emergencies and domestic situations. This amendment would create a check on executive power by requiring multi-member council consent.

Why is this important

The National Guard represents significant state military force used in emergencies like natural disasters, civil unrest, and public safety crises. This change would shift decision-making from a single executive to a collaborative body, fundamentally altering how quickly New Hampshire can respond to urgent situations requiring military deployment. It raises questions about emergency preparedness, executive efficiency, and the balance of power between branches of state government.

Potential points of contention

  • Emergency response delays: Requiring council approval during time-sensitive crises (natural disasters, active threats) could slow mobilization when rapid response is critical
  • Executive accountability vs. efficiency trade-off: While adding oversight prevents unilateral executive action, it may paralyze decision-making if the council is divided or unavailable
  • Precedent and federalism: Most states grant governors significant emergency powers; this aligns New Hampshire differently and could complicate coordination with federal authorities during major emergencies

Compiled from official sources — confirm details with the bill’s official record.

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