Massachusetts Constitution

Massachusetts Constitution
Preamble
Part the First:
	Articles I - XXX
Part the Second:
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Articles of Amendment

The Massachusetts Constitution is the state constitution of Massachusetts.

The current and first Massachusetts Constitution was adopted on October 25, 1780.^[1]
The state constitution contains four parts: a preamble, a declaration of rights, a description of the framework of government in six chapters and articles of amendment.
The current constitution has been amended 121 times.^[1]
Voters last approved a new amendment to the Massachusetts Constitution on November 8, 2022, when voters approved Question 1.

The Massachusetts Constitution can be amended with a legislative, indirect citizen-initiated, or covention-referred constitutional amendment, all of which require voter approval. A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Massachusetts became the 6th state on February 6, 1788. A constitutional convention met in 1777-1778 and proposed a constitution for ratification. It was defeated by voters. A second convention convened in 1779. The second draft was written primarily by John Adams. Each article was submitted to all adult Freeman for ratification. A two-thirds supermajority vote was required. On June 15, 1780, the convention announced that the voters had approved the state's first constitution.^[1]

The first constitution contained a provision that required a vote to be taken in 1795 to decide if the constitution needed revision at a convention. The vote was taken, however, only a simple majority voted in favor of revising the constitution, not the necessary two-thirds vote.^[1]

The third constitutional convention was called after a vote was taken in 1820. John Adams was appointed president of the convention but declined resulting in Isaac Parker leading the convention. On January 9, 1821, the convention agreed to submit 14 amendments to the electorate. Voters approved nine of the 14 amendments.^[1]

In 1851, the General Court placed a question on the ballot calling for a convention, but it was defeated. In 1852, another constitutional convention question was placed on the ballot, and it was approved. The convention convened in 1853 and submitted a new constitution to the electorate. Voters rejected the proposed constitution.^[1]

A fifth convention was convened between 1917 and 1919. The convention submitted and voters approved 22 amendments and a reorganization of the constitution. Among the amendments was the adoption of the initiative and referendum process in the state.^[1]

Preamble

See also: Preamble, Massachusetts Constitution and Preambles to state constitutions

The preamble of the Massachusetts Constitution, in its last paragraph, mirrors the preamble of the United States Constitution.

Text of Preamble:

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 tranquility 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.^[2]

Part the First: "Declaration of the Rights"

See also: Part the First, Massachusetts Constitution

Part the First of the Massachusetts Constitution is entitled "A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts." Known as a bill of rights, it identifies the origin and purpose of all legitimate government. It contains 30 sections.

Section 1 of Part the First begins by stating:

All people 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. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.^[2]

Click here to read this part of the Maryland Constitution.

Part the Second: "Frame of Government"

See also: Part the Second, Massachusetts Constitution

This part consists of the remaining six chapters of the constitution that describe the powers of the bicameral legislature, the governor, his advisory council and the judiciary. Other provisions honor Harvard College, detail oaths of office and encourage the study of the liberal and useful arts to inculcate civic and private virtues.^[3]

Click here to read this part of the Massachusetts Constitution.