Series Foreword / G. Alan Tarr

xiii

Preface

xv

Acknowledgments

xix

pt. One

The History of the Massachusetts Constitution

Introduction

3

The Colonial Charter

4

The Province Charter of 1691

6

The Constitution of 1780

9

Judicial Enforcement of the Constitution

12

The Constitutional Convention of 1820

17

The Constitutional Convention of 1853

19

Constitutional Change from 1853 to 1917

21

The Constitutional Convention of 1917-1918

22

Constitutional Change from 1918 to the Present

23

Conclusion

26

pt. Two

The Massachusetts Constitution and Commentary

Preamble and the Declaration of Rights

31

pt. the First

The Declaration of Rights

32

Article I

Equality and Natural Rights of All People

32

Article II

The Right and Duty of Public Religious Worship

37

Article III

Religious S ocieties

39

Article IV

Right of Self-Government; Reservation of Powers

41

Article V

Magistrates and Officers as Agents of and Accountable to the People

41

Article VI

Tide to Obtain Advantages or Privileges

42

Article VII

Government Instituted for the Common Good

44

Article VIII

Regular Elections and Appointments

45

Article IX

Free Elections; Equality of Right to Elect and Be Elected

45

Article X

Enjoyment of Life, Liberty, and Property

48

Article XI

Right to a Remedy and Access to the Courts; Speedy Trial

54

Article XII

Prosecutions, Criminal Procedure, and Jury Trials

57

Article XIII

Verification of Facts in Vicinity of the Crime

67

Article XIV

Search and Seizure

68

Article XV

Right to a Jury Trial

76

Article XVI

Liberty of the Press; Free Speech

78

Article XVII

The Right to Keep and Bear Arms

82

Article XVIII

Fitness of Lawgivers and Magistrates

83

Article XIX

Right to Instruct Representatives and Petition the Legislature

84

Article XX

Legislative Suspension of the Laws

86

Article XXL

Legislative Speech and Debate

87

Article XXII

Assembly of the Legislature

88

Article XXIII

No Taxation Without Consent of the People

89

Article XXIV

Ex Post Facto Laws

89

Article XXV

Conviction of Treason or Felony by the Legislature

90

Article XXVI

Cruel or Unusual Punishment

91

Article XXVII

Quartering of Soldiers

95

Article XXVIII

Application of Martial Law

96

Article XXIX

Impartiality of Judges; Judges of the Supreme Judicial Court

97

Article XXX

Separation of Powers

99

The Frame of Government

113

pt. the Second

The Frame of Government

113

ch. I

The Legislative Power

113

Section I

The General Court

113

Article I

Legislative Department

113

Article II

Approval of Bill or Resolve by the Governor; Veto; Passage over Veto; Failure of Governor to Return Bill or Resolve

114

Article III

Power of General Court to Constitute Courts and Judiciaries; Power of Courts and Judiciaries to Administer Oaths or Affirmations

115

Article IV

Power of General Court to Enact Laws, etc.; Valuation of Estates

115

Section II

The Senate

118

Article I

Election of Councillors and Senators; Number; Districts

118

Article II

Manner of Choosing Senators; "Inhabitant" Defined

118

Article III

Examination of Returned Copies of Records; Issuance of Summons to Persons Elected

120

Article IV

Senate as Final Judge of Elections; Returns and Qualifications of their Own Members; Vacancies

120

Article V

Qualifications of a Senator

121

Article VI

Adjournments

122

Article VII

President; Officers, Rules of Proceedings

122

Article VIII

Impeachments

122

Article IX

Quorum

123

Section III

The House of Representatives

123

Article I

Representation of the People

123

Article II

Election of Representatives

123

Article III

Election by Written Votes

124

Article IV

Qualifications of a Voter

124

Article V

Time of Electing Representatives

125

Article VI

Grand Inquest; Impeachments

125

Article VII

Money Bills

125

Article VIII

Adjournment

125

Article IX

Quorum

126

Article X

House as Judge of Returns; Elections and Qualifications of Its Members; Officers; Rules; Punishment for Offenses; Privileges of Members

126

Article XI

Power of Senate, Governor, and Council to Punish; Power of Senate and House to Try Cases Concerning Their Rights and Privileges

127

ch. II

Executive Power

127

Section I

Governor

127

Article I

Supreme Executive Magistrate; Title

127

Article II

Term; Eligibility

128

Article III

Election of Governor

128

Article IV

Power of Governor and of Governor and Council

129

Article V

Power to Adjourn or Prorogue General Court; Power to Convene General Court; Place of Convening

129

Article VI

Power to Adjourn or Prorogue General Court in Case of Disagreement Between Houses with Respect to Adjournment or Prorogation

130

Article VII

Military and Naval Forces; Commander-in-Chief

131

Article VIII

Pardons

131

Article IX

Nomination and Appointment of Judicial Officers and Certain Others

132

Article X

Military and Naval Officers

132

Article XI

Manner of Drawing Money from the Treasury; Purposes

133

Article XII

Accounting by Public Boards and Officers, Letters, etc. of a Public Nature

133

Article XIII

Salary of Governor, Salaries or Justices of Supreme Judicial Court

134

Section II

Lieutenant Governor

134

Article I

Election of Lieutenant Governor; Title; Qualifications

134

Article II

President and Member of Council

135

Article III

Acting Governor

135

Section III

Council, and the Manner of Settling Elections by the Legislature

136

Article I

Creation of Council; Membership; Meetings; Powers

136

Article II

Number; Election

136

Article III

Rank of Councillors

137

Article IV

Election by District

137

Article V

Register of Council

137

Article VI

Succession in Case of Vacancy in Offices of Governor and Lieutenant Governor

137

Article VII

Adjournment of Elections; Order of Elections

137

Section IV

Secretary, Treasurer, Commissary, Etc.

138

Article I

Election; Eligibility

138

Article II

Records of Commonwealth; Duties of Secretary; Deputies

138

ch. III

Judiciary Power

139

Article I

Tenure of Commission Officers; Term of Judicial Officers; Retirement

139

Article II

Opinions of the Justices of the Supreme Judicial Court

140

Article III

Commissions of Justices of the Peace; Expiration

141

Article IV

Times and Places for Holding Probate Courts

141

Article V

Causes of Marriage, Divorce, and Alimony, and Appeals from Judges of Probate

141

ch. IV

Delegates to Congress

142

ch. V

The University at Cambridge, and Encouragement of Literature, Etc.

142

Section I

The University

142

Article I

Harvard College

142

Article II

Confirmation of Gifts, Grants, Etc.

143

Article III

Overseers of Harvard College; Alterations in Government

143

Section II

The Encouragement of Literature, Etc.

143

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.

144

Article I

Oaths, Declarations, Affirmations

145

Article II

Plurality of Offices; Incompatible Offices; Disqualification for Office by Reason of Bribery or Corruption

146

Article III

Computation of the Value of Money; Property Qualifications for Office

148

Article IV

Form and Execution of Commissions

148

Article V

Form and Execution of Writs

148

Article VI

Continuation of Former Laws

148

Article VII

Habeas Corpus

149

Article VIII

Style of Enacting Clauses of Acts, Statutes, and Laws

149

Article IX

Continuation of Former Officers in Office

150

Article X

Revision of Constitution

150

Article XI

Preservation and Publication of Constitution

151

Articles of Amendment

153

Article I

Bills and Resolves Not Approved Within Certain Time Limits

153

Article II

Chartering Cities and Establishing Municipal Governments

153

Article III

Qualifications of Voters

160

Article IV

Notaries Public

162

Article VI

Oath of Office

162

Article VII

Tests Abolished

163

Article VIII

Incompatibility of Offices

163

Article X

Commencement of the Political Year

163

Article XII

Apportionment of Representatives, Etc.

164

Article XIII

Basis of Representation, Etc.

166

Article XIV

Election to Be by Plurality of Votes

168

Article XV

Time of Annual Elections

168

Article XVI

Councillors, Etc.

169

Article XVII

Election of Secretary, Treasure, and Receiver General

170

Article XVIII

Public Support of Religious Institutions

171

Article XIX

Election of Sheriffs, Registers of Probate, and Clerks of Court

173

Article XX

Qualifications of Person Eligible for Office

174

Article XXIV

Vacancies in the Senate

174

Article XXV

Vacancies in the Council

174

Article XXVIII

No Disqualification of Veterans from Voting

175

Article XXIX

Voting Precincts in Towns

175

Article XXX

Voter Qualifications

176

Article XXXIII

Legislative Quo rum

176

Article XXXVIL

Removal of Justices of the Peace and Notaries Public

176

Article XXXVIII

Voting Machines

177

Article XLI

Taxation of Wild or Forest Lands

177

Article XLIII

Takings

178

Article XLIV

Income Tax

178

Article XLV

Absentee Voting

180

Article XLVLI

Distribution of Necessaries in Emergencies

181

Article XLVIII

Initiative and Referendum

181

Article XLIX

Conservation of Natural Resources

193

Article L

Regulation of Advertising on Public Ways

194

Article LI

Preservation of Ancient Landmarks

195

Article LII

Legislative Recess

195

Article LVI

Return by Governor of Bills and Resolves

195

Article LIX

Revocation and Amendment of Charters, Franchises, or Acts oflncorporation

196

Article LX

Building Zones in Towns and Cities

196

Article LXI

Compulsory Voting at Elections

197

Article LXII

Commonwealths Credit; Borrowing Money for Certain Purposes

197

Article LXIII

Collection of Revenues

199

Article LXIV

Election of State Officers

202

Article LXV

Members of the Legislature Not to Be Appointed to Certain Offices

203

Article LXIX

Women May Hold Public Office

203

Article LXXVIII

Use of Revenue from Operation of Motor Vehicles

204

Article LXXXIII

Public Office Succession in Emergencies

205

Article LXXXVI

Election of Governor and Lieutenant Governor from Same Party

205

Article LXXXVII

Executive Department Reorganization Plan

205

Article LXXXVIII

Industrial Development of Towns and Cities

206

Article XCI

Disability of Governor

206

Article XCVI

Authorization of Loans to Students Attending Institutions of Higher Learning

208

Article XCIX

Assessment of Agricultural or Horticultural Lands

208

Article CI

Apportionment and Qualification of Representatives and Senators

208

Article CXI

Assignment or Admission to Public Schools

210

Article CXIV

Discrimination Against Handicapped Persons

211

Article CXV

Imposition of Additional Costs on Municipalities

211

Article CXVIII

Compensation of Members of the General Court

212

Bibliographical Essay

213

Table of Cases

225

Index

239

About the Authors

247