The Massachusetts state constitution 1st Edition by Lawrence Friedman, Lynnea Thody ISBN 978-0199778683 019977868X

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ISBN 10:   019977868X

ISBN 13: 978-0199778683

Author: Lawrence M. Friedman, Lynnea Thody

In The Massachusetts State Constitution, Lawrence Friedman and Lynnea Thody present a comprehensive and accessible survey of Massachusetts constitutional history and constitutional law. The Massachusetts Constitution is the oldest state constitution and has remained essentially unchanged since it was drafted in 1780. It served as a model for the United States Constitution and many of the state constitutions that followed.

The Massachusetts State Constitution provides an outstanding constitutional and historical account of the state’s governing charter. It begins with an overview of Massachusetts’s constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of the Massachusetts constitution.

The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state’s constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.

Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Table of contents: 

PART ONE The History of the Massachusetts 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

PART TWO The Massachusetts Constitution and Commentary

PREAMBLE AND THE DECLARATION OF RIGHTS

Part the First: The Declaration of Rights

Article I. Equality and Natural Rights of All People

Article II. The Right and Duty of Public Religious Worship

Article III. Religious Societies

Article IV. Right of Self-Government; Reservation of Powers

Article V. Magistrates and Officers as Agents of and

Accountable to the People

Article VI. Title to Obtain Advantages or Privileges

Article VII. Government Instituted for the Common Good

Article VIII. Regular Elections and Appointments

Article IX. Free Elections; Equality of Right to Elect and Be Elected

Article X. Enjoyment of Life, Liberty, and Property

Article XI. Right to a Remedy and Access to the Courts; Speedy Trial

Article XII. Prosecutions, Criminal Procedure, and Jury Trials

Article XIII. Verification of Facts in Vicinity of the Crime

Article XIV. Search and Seizure

Article XV. Right to a Jury Trial

Article XVI. Liberty of the Press; Free Speech

Article XVII. The Right to Keep and Bear Arms

Article XVIII. Fitness of Lawgivers and Magistrates

Article XIX. Right to Instruct Representatives and Petition the Legislature

Article XX. Legislative Suspension of the Laws

Article XXI. Legislative Speech and Debate

Article XXII. Assembly of the Legislature

Article XXIII. No Taxation Without Consent of the People

Article XXIV. Ex Post Facto Laws

Article XXV. Conviction of Treason or Felony by the Legislature

Article XXVI. Cruel or Unusual Punishment

Article XXVII. Quartering of Soldiers

Article XXVIII. Application of Martial Law

Article XXIX. Impartiality of Judges; Judges of the Supreme Judicial Court

Article XXX. Separation of Powers

THE FRAME OF GOVERNMENT

Part the Second

Chapter I. The Legislative Power

Section I. The General Court

Article I. Legislative Department

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

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

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

Section II. The Senate

Article I. Election of Councillors and Senators; Number; Districts

Article II. Manner of Choosing Senators; “Inhabitant” Defined

Article III. Examination of Returned Copies of Records; Issuance of Summons to Persons Elected

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

Article V. Qualifications of a Senator

Article VI. Adjournments

Article VII. President; Officers, Rules of Proceedings

Article VIII. Impeachments

Article IX. Quorum

Section III. The House of Representatives

Article I. Representation of the People

Article II. Election of Representatives

Article III. Election by Written Votes

Article IV. Qualifications of a Voter

Article V. Time of Electing Representatives

Article VI. Grand Inquest; Impeachments

Article VII. Money Bills

Article VIII. Adjournment

Article IX. Quorum

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

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

Chapter II. Executive Power

Section I. Governor

Article I. Supreme Executive Magistrate; Title

Article II. Term; Eligibility

Article III. Election of Governor

Article IV. Power of Governor and of Governor and Council

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

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

Article VII. Military and Naval Forces; Commander-in-Chief

Article VIII. Pardons

Article IX. Nomination and Appointment of Judicial Officers and Certain Others

Article X. Military and Naval Officers

Article XL Manner of Drawing Money from the Treasury; Purposes

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

Article XIII. Salary of Governor, Salaries or Justices of Supreme Judicial Court

Section II. Lieutenant Governor

Article I. Election of Lieutenant Governor; Title; Qualifications

Article II. President and Member of Council

Article III. Acting Governor

Section III. Council, and the Manner of Settling Elections by the Legislature

Article I. Creation of Council; Membership; Meetings; Powers

Article II. Number; Election

Article III. Rank of Councillors

ArticleIV. Election by District

Article V. Register of Council

Article VI. Succession in Case of Vacancy in Offices of Governor and Lieutenant Governor

Article VII. Adjournment of Elections; Order of Elections

Section IV. Secretary, Treasurer, Commissary, Etc.

Article I. Election; Eligibility

Article II. Records of Commonwealth; Duties of Secretary; Deputies

Chapter III. Judiciary Power

Article I. Tenure of Commission Officers; Term of Judicial Officers; Retirement

Article II. Opinions of the Justices of the Supreme Judicial Court

Article III. Commissions of Justices of the Peace; Expiration

Article IV. Times and Places for Holding Probate Courts

Article V. Causes of Marriage, Divorce, and Alimony, and Appeals from Judges of Probate

Chapter IV. Delegates to Congress

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

Section I. The University

Article I. Harvard College

Article II. Confirmation of Gifts, Grants, Etc.

Article III. Overseers of Harvard College; Alterations in Government

Section II. The Encouragement of Literature, Etc.

Chapter 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.

Article I. Oaths, Declarations, Affirmations

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

Article III. Computation of the Value of Money; Property Qualifications for Office

Article IV. Form and Execution of Commissions

Article V. Form and Execution of Writs

Article VI. Continuation of Former Laws

Article VII. Habeas Corpus

Article VIII. Style of Enacting Clauses of Acts, Statutes, and Laws

Article IX. Continuation of Former Officers in Office

Article X. Revision of Constitution

Article XI. Preservation and Publication of Constitution

ARTICLES OF AMENDMENT

Article I. Bills and Resolves Not Approved Within Certain Time Limits

Article II. Chartering Cities and Establishing Municipal Governments

Article III. Qualifications of Voters

Article IV. Notaries Public

Article VI. Oath of Office

Article VII. Tests Abolished

Article VIII. Incompatibility of Offices

Article X. Commencement of the Political Year

Article XII. Apportionment of Representatives, Etc.

Article XIII. Basis of Representation, Etc.

Article XIV. Election to Be by Plurality of Votes

Article XV. Time of Annual Elections

Article XVI. Councillors, Etc.

Article XVII. Election of Secretary, Treasure, and Receiver General

Article XVIII. Public Support of Religious Institutions

Article XIX. Election of Sheriffs, Registers of Probate, and Clerks of Court

Article XX. Qualifications of Person Eligible for Office

Article XXIV. Vacancies in the Senate

Article XXV. Vacancies in the Council

Article XXVIII. No Disqualification of Veterans from Voting

Article XXIX. Voting Precincts in Towns

Article XXX. Voter Qualifications

Article 33 Legislative Who

Artide XXXVII. Removal of Justices of the Peace and Notaries Public

Article XXXVIII. Voting Machines

Article XLI. Taxation of Wild or Forest Lands

Article XLIII. Takings

Article XLIV. Income Tax

Article XLV. Absentee Voting

Article XLVII. Distribution of Necessaries in Emergencies

Article XLVIII. Initiative and Referendum

Article XLIX. Conservation of Natural Resources

Article L.. Regulation of Advertising on Public Ways

Article LI. Preservation of Ancient Landmarks

Article LII. Legislative Recess

Article LVI. Return by Governor of Bills and Resolves

Article LIX. Revocation and Amendment of Charters, Franchises, or Acts of Incorporation

Article LX. Building Zones in Towns and Cities

Article L.XI. Compulsory Voting at Elections

Article LXII. Commonwealth’s Credit; Borrowing Money for Certain Purposes

Article LXIII. Collection of Revenues

Article LXIV. Election of State Officers

Article LXV. Members of the Legislature Not to Be Appointed to Certain Offices

Article L.XIX. Women May Hold Public Office

Article LXXVIII. Use of Revenue from Operation of Motor Vehicles

Article L.XXXIII. Public Office Succession in Emergencies

Article LXXXVI. Election of Governor and Lieutenant

Governor from Same Party

Article LXXXVII. Executive Department Reorganization Plan

Article LXXXVIII. Industrial Development of Towns and Cities

Article XCI. Disability of Governor

Article XCVI. Authorization of Loans to Students Attending Institutions of Higher Learning

Article XCIX. Assessment of Agricultural or Horticultural Lands

Article CI. Apportionment and Qualification of Representatives and Senators

Article CXI. Assignment or Admission to Public Schools

Article CXIV. Discrimination Against Handicapped Persons

Article CXV. Imposition of Additional Costs on Municipalities

Article CXVIII. Compensation of Members of the General Court

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