State constitution
Constitution of Massachusetts
Data from MA General Court
Distinctive 1780 structure: a Preamble, Part the First (Declaration of Rights, Articles I-XXX), Part the Second (Frame of Government, in Chapters and Sections), and the Articles of Amendment. The Frame of Government's Sections contain internal numbered Articles condensed here to the Section level; the 120+ Articles of Amendment are summarized by their principal still-operative provisions. Read the verbatim text at the source link.
Article Pre Preamble
§ 1 Preamble
The body politic is a voluntary 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; the people, acknowledging God, ordain this Constitution to secure the enjoyment of life, liberty, and property in peace and safety.
Article I Part the First — Declaration of Rights
§ I Natural rights; equality
All people are born free and equal and have natural rights, including enjoying and defending life and liberty, acquiring and protecting property, and seeking safety and happiness; equality under law shall not be denied because of sex, race, color, creed, or national origin (as amended).
§ II Right and duty of worship
It is the right and duty of all to worship the Supreme Being; no one shall be molested for worshiping God in the manner and season most agreeable to conscience, provided they do not disturb the public peace.
§ III Public worship and religious instruction
Provided for public worship and support of religious teachers (substantially superseded by later amendments separating church and state).
§ IV Right of self-government
The people of the Commonwealth have the sole and exclusive right of governing themselves as a free, sovereign, and independent state.
§ V Accountability of officers
All power residing originally in the people, magistrates and officers of government are their substitutes and agents, at all times accountable to them.
§ VI No hereditary honors or offices
No one is entitled to exclusive privileges distinct from the community except in consideration of public service; offices are not hereditary.
§ VII Government for the common good
Government is instituted for the common good, not the profit of any one class; the people have the right to reform, alter, or abolish it when their protection or happiness requires.
§ VIII Rotation in office
The people have a right to secure the impartial administration of the laws through regular elections and, when needful, the rotation of officers out of office.
§ IX Free elections; equal rights
All elections ought to be free, and all inhabitants having the qualifications have an equal right to elect officers and to be elected.
§ X Protection and taxation by consent
Each individual is entitled to protection of life, liberty, and property under the laws; taxes may be levied only by consent of the people or their representatives, and property taken for public use requires reasonable compensation.
§ XI Remedy by recourse to law
Every person may obtain right and justice freely, completely, and promptly, by recourse to the laws, for injuries done to person, property, or character.
§ XII Rights of the accused
No one is held to answer for a crime without being fully informed of the charge, furnished evidence, confronting witnesses, and having counsel; none shall be compelled to accuse or furnish evidence against himself, nor deprived of life, liberty, or property but by the judgment of peers or the law of the land.
§ XIII Trial in the vicinity
In criminal cases the trial of facts by a jury in the vicinity where the offense occurred is one of the greatest securities of the rights of the people.
§ XIV Freedom from unreasonable searches
Every person has a right to be secure from all unreasonable searches and seizures; warrants require oath, probable cause, and particular description of the place and things.
§ XV Jury trial in civil cases
The right of trial by jury in civil disputes over property is preserved, except in cases where it has heretofore been otherwise used and practiced.
§ XVI Liberty of the press
The liberty of the press is essential to the security of freedom in a state and ought not to be restrained (as amended to include free speech).
§ XVII Right to keep and bear arms; standing armies
The people have a right to keep and bear arms for the common defense; standing armies are dangerous in peacetime, and the military is in strict subordination to the civil authority.
§ XVIII Adherence to fundamental principles
A frequent recurrence to the fundamental principles of the Constitution and to virtue is necessary to preserve the blessings of liberty and good government.
§ XIX Right of assembly and petition
The people have a right in an orderly manner to assemble to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
§ XX Suspension of laws by legislature only
The power to suspend the laws or their execution shall be exercised only by the legislature or by authority derived from it.
§ XXI Freedom of legislative debate
Freedom of deliberation, speech, and debate in either house of the legislature is essential and shall not be the basis of any prosecution elsewhere.
§ XXII Frequent sessions of the legislature
The legislature ought to assemble frequently for the redress of grievances, the correcting and confirming of laws, and the making of new laws as the common good requires.
§ XXIII No taxation without representation
No subsidies, taxes, or duties shall be established, set, or laid without the consent of the people or their representatives in the legislature.
§ XXIV No ex post facto laws
Laws made to punish acts committed before their existence are unjust, oppressive, and inconsistent with the principles of a free government.
§ XXV No conviction by legislature
No subject ought to be declared guilty of treason or felony by the legislature.
§ XXVI No cruel or unusual punishments
No magistrate or court shall demand excessive bail or fines, or inflict cruel or unusual punishments.
§ XXVII Quartering of soldiers
In peacetime no soldier shall be quartered in any house without the owner's consent, and in wartime only as prescribed by the legislature.
§ XXVIII Civilians not subject to martial law
No person can be subjected to martial law or to punishment by court-martial except those in the army or militia in actual service.
§ XXIX Independence of the judiciary
It is essential to the impartial administration of justice that judges be as free, impartial, and independent as the lot of humanity will admit, holding office during good behavior with honorable and stable salaries.
§ XXX Separation of powers
The legislative, executive, and judicial departments shall each be kept separate, to the end that the government may be a government of laws and not of men.
Article II-1 Part the Second, Chapter I — The Legislative Power
§ I The General Court
The legislative department, styled the General Court of Massachusetts, consists of a Senate and a House of Representatives; it may enact laws not repugnant to the Constitution, and its bills are subject to the Governor's approval or veto.
§ II The Senate
Provides for the election, districts, number, qualifications, and duties of senators, the counting of votes, quorum, and the Senate as judge of its members' elections and qualifications.
§ III House of Representatives
Provides for representation apportioned by population, the qualifications of representatives and voters, the origination of money bills in the House, quorum, and the House's power to judge its members and to impeach.
Article II-2 Part the Second, Chapter II — Executive Power
§ I The Governor
The supreme executive magistrate is styled the Governor, elected annually, who is commander-in-chief of the Commonwealth's forces, exercises the appointing and pardoning powers with the Council, and executes the laws.
§ II Lieutenant-Governor
Provides for the annual election and qualifications of the Lieutenant-Governor, who serves on and presides over the Council in the Governor's absence and succeeds to executive authority.
§ III Council and its manner of settling elections
Establishes an executive Council to advise the Governor, its composition and selection, and the settling of elections and succession during vacancies.
§ IV Secretary, Treasurer, Commissary, etc.
Provides for the election of the Secretary, Treasurer, and other officers, their record-keeping duties, and their accountability.
Article II-3 Part the Second, Chapter III — Judiciary Power
§ 1 Judiciary power
Judges hold their offices during good behavior with permanent, honorable salaries; the Supreme Judicial Court may give opinions on important questions of law to the Governor, Council, and legislature; provides for probate courts and jurisdiction over marriage, divorce, and alimony.
Article II-4 Part the Second, Chapter IV — Delegates to Congress
§ 1 Delegates to Congress
Originally provided for the annual election of delegates to the Continental Congress; rendered obsolete (annulled) by the adoption of the United States Constitution.
Article II-5 Part the Second, Chapter V — The University and Encouragement of Literature
§ I The University at Cambridge (Harvard College)
Confirms the charter, powers, privileges, gifts, and endowments of Harvard College and continues its board of overseers.
§ II The encouragement of literature, etc.
It is the duty of legislators and magistrates to cherish the interests of literature and the sciences and all seminaries, schools, and public institutions, and to promote learning, virtue, and the social affections among the people.
Article II-6 Part the Second, Chapter VI — Oaths, Incompatible Offices, and General Provisions
§ 1 Oaths and general provisions
Requires oaths and subscriptions of officers to support the Constitution; bars the holding of incompatible offices; preserves commissions, writs, and existing laws not repugnant to the Constitution; secures the privilege of habeas corpus; fixes the enacting style of laws; continues officers in office through the transition; and provides for a future revisal of the Constitution by the people.
Article Amend Articles of Amendment
§ Note Scope
Over 120 Articles of Amendment have been adopted since 1780, progressively modernizing the original text; the principal still-operative provisions are summarized below.
§ I-XI Early amendments (religion, elections, officers)
Early amendments removed religious tests and the establishment of religion, adjusted the times of elections and terms of office, provided for filling vacancies, and reformed the militia and executive council.
§ Initiative & Referendum Art. XLVIII — initiative and referendum
Establishes the people's power to propose and enact laws and constitutional amendments by initiative petition, and to approve or reject laws by referendum, with detailed signature and procedural requirements.
§ Home Rule Art. LXXXIX — municipal home rule
Grants cities and towns the power of self-government (home rule) to adopt and amend charters and to exercise powers not inconsistent with the Constitution or general laws.
§ Governor's Term Art. LXIV / LXXXII / etc. — biennial terms
Later amendments lengthened the Governor's and other constitutional officers' terms to two years and later four, and reorganized the timing of state elections.
§ Succession Executive succession and vacancies
Amendments established the order of succession to the offices of Governor and Lieutenant-Governor and the joint election of the Governor and Lieutenant-Governor.
§ Equal Rights Art. CVI (Art. I as amended) — equality
Amended Article I of the Declaration of Rights to guarantee equality under law regardless of sex, race, color, creed, or national origin.
§ Judiciary & Legislature Structural reforms
Amendments reformed judicial tenure and mandatory retirement, legislative apportionment and districting, the size and terms of the House and Senate, and the veto and budget procedures, including a line-item veto over appropriations.
§ Other Additional amendments
Numerous further amendments address education funding, environmental protection, taxation, the initiative process, voting qualifications, and other refinements; consult the source for the complete, current text of all Articles of Amendment.
Full, verbatim text at MA General Court