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Contents
- Preliminary Material
- Main Text
- Part One The History of the Massachusetts Constitution
- The History and Development of the Massachusetts State Constitution
- Introduction
- The Colonial Charter
- The Province Charter of 1691
- The Constitution of 1780
- Judicial Enforcement of the Constitution
- The Constitutional Convention of 1820
- The Constitutional Convention of 1853
- Constitutional Change from 1853 to 1917
- The Constitutional Convention of 1917–1918
- Constitutional Change from 1918 to the Present
- Conclusion
- The History and Development of the Massachusetts State Constitution
- Part Two The Massachusetts Constitution and Commentary
- Preamble and the Declaration of Rights
- Preamble
- Part The First: The Declaration of Rights
- Art.I Equality and Natural Rights of All People
- Art.II The Right and Duty of Public Religious Worship
- Art.III Religious Societies
- Art.IV Right of Self-Government; Reservation of Powers
- Art.V Magistrates and Officers as Agents of and Accountable to the People
- Art.VI Title to Obtain Advantages or Privileges
- Art.VII Government Instituted for the Common Good
- Art.VIII Regular Elections and Appointments
- Art.IX Free Elections; Equality of Right to Elect and Be Elected
- Art.X Enjoyment of Life, Liberty, and Property
- Art.XI Right to a Remedy and Access to the Courts; Speedy Trial
- Art.XII Prosecutions, Criminal Procedure, and Jury Trials
- Art.XIII Verification of Facts in Vicinity of the Crime
- Art.XIV Search and Seizure
- Warrant Requirements: Particularity and Probable Cause
- Particularity
- Probable Cause
- Probation Searches
- Warrantless Searches and Seizures
- Objects in Plain View
- Searches Incident to Lawful Arrest
- Exigent Circumstances
- Inventory and Storage Space Searches
- Searches and Seizures Not Based on Probable Cause
- Automatic Standing
- Remedies
- Art.XV Right to a Jury Trial
- Art.XVI Liberty of the Press; Free Speech
- Art.XVII The Right to Keep and Bear Arms
- Art.XVIII Fitness of Lawgivers and Magistrates
- Art.XIX Right to Instruct Representatives and Petition the Legislature
- Art.XX Legislative Suspension of the Laws
- Art.XXI Legislative Speech and Debate
- Art.XXII Assembly of the Legislature
- Art.XXIII No Taxation Without Consent of the People
- Art.XXIV Ex Post Facto Laws
- Art.XXV Conviction of Treason or Felony by the Legislature
- Art.XXVI Cruel or Unusual Punishment
- Art.XXVII Quartering of Soldiers
- Art.XXVIII Application of Martial Law
- Art.XXIX Impartiality of Judges; Judges of the Supreme Judicial Court
- Art.XXX Separation of Powers
- Legislative Power
- The General Power to Make Laws
- The Power to Create Public Offices
- The Power to Establish Subordinate Courts
- Executive Power
- The Power to Execute Judicial Orders
- The Power to Appoint and to Remove Public Officials
- The Power of the Executive in Criminal Matters
- The Power to Spend Appropriated Funds
- Judicial Power
- Separation of Powers Issues
- Legislative Interference with the Executive's Powers and Duties
- Legislative Interference with the Judiciary's Powers and Duties
- Unconstitutional Legislative Delegation of Power
- Executive Interference
- Judicial Interferences with the Legislature's Powers and Duties
- Judicial Interferences with the Executive's Powers and Duties
- The Frame of Government
- Part the Second: The Frame of Government
- Ch.I The Legislative Power
- s.I The General Court
- Art.I Legislative Department
- Art.II Approval of Bill or Resolve by Governor; Veto; Passage over Veto; Failure of Governor to Return Bill or Resolve
- Art.III Power of General Court to Constitute Courts and Judiciaries; Power of Courts and Judiciaries to Administer Oaths or Affirmations
- Art.IV Power of General Court to Enact Laws, etc.; Valuation of Estates
- s.II The Senate
- Art.I Election of Councillors and Senators; Number; Districts
- Art.II Manner of Choosing Senators; “Inhabitant” Defined
- Art.III Examination of Returned Copies of Records; Issuance of Summons to Persons Elected
- Art.IV Senate as Final Judge of Elections; Returns and Qualifications of their Own Members; Vacancies
- Art.V Qualifications of a Senator
- Art.VI Adjournments
- Art.VII President; Officers; Rules of Proceedings
- Art.VIII Impeachments
- Art.IX Quorum
- s.III The House of Representatives
- Art.I Representation of the People
- Art.II Election of Representatives
- Art.III Election by Written Votes
- Art.IV Qualifications of a Voter
- Art.V Time of Electing Representatives
- Art.VI Grand Inquest; Impeachments
- Art.VII Money Bills
- Art.VIII Adjournment
- Art.IX Quorum
- Art.X House as Judge of Returns; Elections and Qualifications of Its Members; Officers; Rules; Punishment for Offenses; Privileges of Members
- Art.XI Power of Senate, Governor, and Council to Punish; Power of Senate and House to Try Cases Concerning Their Rights and Privileges
- s.I The General Court
- Ch.II Executive Power
- s.I Governor
- Art.I Supreme Executive Magistrate; Title
- Art.II Term; Eligibility
- Art.III Election of Governor
- Art.IV Power of Governor and of Governor and Council
- Art.V Power to Adjourn or Prorogue General Court; Power to Convene General Court; Place of Convening
- Art.VI Power to Adjourn or Prorogue General Court in Case of Disagreement Between Houses with Respect to Adjournment or Prorogation
- Art.VII Military and Naval Forces; Commander-in-Chief
- Art.VIII Pardons
- Art.IX Nomination and Appointment of Judicial Officers and Certain Others
- Art.X Military and Naval Officers
- Art.XI Manner of Drawing Money from the Treasury; Purposes
- Art.XII Accounting by Public Boards and Officers, Letters, etc. of a Public Nature
- Art.XIII Salary of the Governor, Salaries of Justices of Supreme Judicial Court
- s.II Lieutenant Governor
- s.III Council, and the Manner of Settling Elections by the Legislature
- s.IV Secretary, Treasurer, Commissary, etc.
- s.I Governor
- Ch.III Judiciary Power
- Art.I Tenure of Commission Officers; Term of Judicial Officers, Retirement
- Art.II Opinions of the Justices of the Supreme Judicial Court
- Art.III Commissions of Justices of the Peace; Expiration
- Art.IV Times and Places for Holding Probate Courts
- Art.V Causes of Marriage, Divorce, and Alimony, and Appeals from Judges of Probate
- Ch.IV Delegates to Congress
- Ch.V The University at Cambridge, and Encouragement of Literature, etc.
- Ch.VI Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Habeas Corpus; the Enacting Style; Continuance of Officers; Provision for Future Revisal of the Constitution, etc.
- Art.I Oaths, Declarations, Affirmations
- Art.II Plurality of Offices; Incompatible Offices; Disqualification for Office by Reason of Bribery of Corruption
- Art.III Computation of the Value of Money; Property Qualifications for Office
- Art.IV Form and Execution of Commissions
- Art.V Form and Execution of Writs
- Art.VI Continuation of Former Laws
- Art.VII Habeas Corpus
- Art.VIII Style of Enacting Clause of Acts, Statutes, and Laws
- Art.IX Continuation of Former Officers in Office
- Art.X Revision of Constitution
- Art.XI Preservation and Publication of Constitution
- Ch.I The Legislative Power
- Part the Second: The Frame of Government
- Articles of Amendment
- Art.I Bills and Resolves Not Approved Within Certain Time Limits
- Art.II Chartering Cities and Establishing Municipal Governments
- Art.III Qualifications of Voters
- Art.IV Notaries Public
- Art.VI Oath of Office
- Art.VII Tests Abolished
- Art.VIII Incompatibility of Offices
- Art.X Commencement of the Political Year
- Art.XII Apportionment of Representatives, Etc.
- Art.XIII Basis of Representation, Etc.
- Art.XIV Election to Be by Plurality of Votes
- Art.XV Time of Annual Elections
- Art.XVI Councillors, Etc.
- Art.XVII Election of Secretary, Treasurer, and Receiver General
- Art.XVIII Public Support of Religious Institutions
- Art.XIX Election of Sheriffs, Registers of Probate, and Clerks of Court
- Art.XX Qualifications of Person Eligible for Office
- Art.XXIV Vacancies in the Senate
- Art.XXV Vacancies in the Council
- Art.XXVIII No Disqualification of Veterans From Voting
- Art.XXIX Voting Precincts in Towns
- Art.XXX Voter Qualifications
- Art.XXXIII Legislative Quorum
- Art.XXXVII Removal of Justices of the Peace and Notaries Public
- Art.XXXVIII Voting Machines
- Art.XLI Taxation of Wild or Forest Lands
- Art.XLIII Takings
- Art.XLIV Income Tax
- Art.XLV Absentee Voting
- Art.XLVII Distribution of Necessaries in Emergencies
- Art.XLVIII Initiative and Referendum
- Art.XLIX Conservation of Natural Resources
- Art.L Regulation of Advertising on Public Ways
- Art.LI Preservation of Ancient Landmarks
- Art.LII Legislative Recess
- Art.LVI Return by Governor of Bills and Resolves
- Art.LIX Revocation and Amendment of Charters, Franchises, or Acts of Incorporation
- Art.LX Building Zones in Towns and Cities
- Art.LXI Compulsory Voting at Elections
- Art.LXII Commonwealth's Credit; Borrowing Money for Certain Purposes
- Art.LXIII Collection of Revenue
- Art.LXIV Election of State Officers
- Art.LXV Members of the Legislature Not to Be Appointed to Certain Offices
- Art.LXIX Women May Hold Public Office
- Art.LXXVIII Use of Revenue from Operation of Motor Vehicles
- Art.LXXXIII Public Office Succession in Emergencies
- Art.LXXXVI Election of Governor and Lieutenant Governor from Same Party
- Art.LXXXVII Executive Department Reorganization Plan
- Art.LXXXVIII Industrial Development of Towns and Cities
- Art.XCI Disability of the Governor
- Art.XCVI Authorization of Loans to Students Attending Institutions of Higher Learning
- Art.XCIX Assessment of Agricultural or Horticultural Lands
- Art.CI Apportionment and Qualification of Representatives and Senators
- Art.CXI Assignment or Admission to Public Schools
- Art.CXIV Discrimination Against Handicapped Persons
- Art.CXV Imposition of Additional Costs on Municipalities
- Art.CXVIII Compensation of Members of the General Court
- Preamble and the Declaration of Rights
- Part One The History of the Massachusetts Constitution
- Further Material
