The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the Massachusetts Constitutional Convention between September 1 and October 30, 1779. Following approval by town meetings, the Constitution was ratified on June 15, 1780, became effective on October 25, 1780, and remains the oldest functioning written constitution in continuous effect in the world.
The Massachusetts Constitution was the last of the first set of the state constitutions to be written. Consequently, it was more sophisticated than many of the other documents. Among the improvements was the structure of the document itself: instead of just a listing of provisions, it had a structure of chapters, sections, and articles. This structure was replicated by the US Constitution. It also had substantial influence on the subsequent revisions of many of the other state constitutions. The Massachusetts Constitution has four parts: a preamble, a declaration of rights, a description of the framework of government, and articles of amendment.
History
An earlier draft by the Massachusetts General Court was rejected by the people due to lack of public participation.
Preamble
The preamble of the constitution bears some resemblance to the United States Constitution's in a few phrases near the end. It is as follows:
| “ | The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness. The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts. | ” |
Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts
This part consists of thirty articles, the first of which states:
| “ | Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. | ” |
This Article was the subject of a landmark case in 1781 before a Massachusetts court sitting in Great Barrington, Brom and Bett v. Ashley. Elizabeth Freeman (known as Mum Bett), an African-American alleged to be a slave, and further, the property of a certain Mr. Ashley, sued for her freedom, based on this article; the jury agreed that slavery was inconsistent with the Massachusetts Constitution, and awarded Freeman five silver pounds in damages and her freedom. The later Quock Walker case, brought under that same article, constituted the final nail in the coffin of slavery in Massachusetts. Quock Walker, alleged to be a slave, sued his master for false imprisonment; the jury found for Walker, and awarded him damages of fifty silver pounds (not a small sum in those days). His master was then subject to criminal prosecution for assault and battery against Walker, and was found guilty by a jury, who imposed a fine of forty shillings upon the master. In this manner, slavery lost any and all legal protection in Massachusetts, making it a tortious act under the law, effectively abolishing it within the Commonwealth.
This Article was also the basis for the 2004 Supreme Judicial Court ruling requiring that marriage rights be extended to same-gender couples on an equal basis with opposite-gender couples.
This article was later amended to substitute the word "people" for the word "men".
Part the Second: The Frame of Government
This part begins as follows:
| “ | Article I. The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a negative on the other. | ” |
They both check on each other and make sure no one abuses their power or goes out of line.
Chapter 5 Section 1 of this part deals specifically with Harvard College, and many people[who?] believe that Article II of that section grants Harvard immunity from the state's power of eminent domain.
