The Us Constitution: Does It Include Commonwealths?

The United States Constitution does not include commonwealths, but four out of the 50 states—Kentucky, Massachusetts, Pennsylvania, and Virginia—are referred to as commonwealths. The term commonwealth is used interchangeably with the term state in these states' constitutions and founding documents, and carries no legal or political significance. The use of the term commonwealth reflects these states' unique historical and political backgrounds, with roots in anti-monarchial sentiment and a commitment to representative democracy. Additionally, two US territories, Puerto Rico and the Northern Mariana Islands, are designated as commonwealths, but their legal rights differ from those of citizens of US states.

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The Commonwealths of Kentucky, Massachusetts, Pennsylvania, and Virginia

The US Constitution does not differentiate between states and commonwealths, and there is no legal distinction between the two. However, the states of Kentucky, Massachusetts, Pennsylvania, and Virginia are referred to as commonwealths.

Kentucky

Kentucky was a part of Virginia until 1792, when it was ceded to the United States. Its first constitution was based on Pennsylvania's 1790 Constitution. Interestingly, while earlier constitutions used "state" and "commonwealth" interchangeably, it was the state's fourth constitution, adopted in 1891, that officially declared the name "The Commonwealth of Kentucky".

Massachusetts

Massachusetts was the third commonwealth to adopt its constitution, in 1780. The constitution was drafted by John Adams, who may have chosen the term "commonwealth" to emphasise that the state was a "representative democracy". The official website of the Commonwealth of Massachusetts notes that the term was preferred by some political writers and may have carried "some anti-monarchial sentiment".

Pennsylvania

Pennsylvania adopted the official designation of commonwealth when it adopted its constitution in September 1776, shortly after Virginia. The Pennsylvania State Capitol in Harrisburg features a gilded brass statue named "Commonwealth" by Roland Hinton Perry.

Virginia

Virginia first adopted the commonwealth designation during the English Civil War when England became a commonwealth after the abolition of the monarchy. Virginia became a royal colony again in 1660 with the re-establishment of the English monarchy. The term "commonwealth" was reintroduced when Virginia adopted its constitution on June 29, 1776. This was likely to emphasise that the new government was based on the sovereignty of the people for the "common good" or "common weal".

Commonwealths and their history

The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an international association of 54 member states, the vast majority of which are former territories of the British Empire. The Commonwealth Secretariat focuses on intergovernmental relations, while the Commonwealth Foundation focuses on non-governmental relations between member nations. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories.

The term "British Commonwealth of Nations" was first coined by Jan Smuts in 1917, and it received imperial statutory recognition in the Anglo-Irish Treaty of 1921. The Balfour Declaration at the 1926 Imperial Conference defined the United Kingdom and its dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown". The Statute of Westminster in 1931 formally allowed each dominion to control its own domestic and foreign affairs and to establish its own diplomatic corps.

The Commonwealth of Nations includes countries like Australia, Canada, India, New Zealand, Pakistan, South Africa, Sri Lanka, and the United Kingdom. These countries reformed their old association into the modern Commonwealth, agreeing to be "free and equal members of the Commonwealth of Nations, freely cooperating in the pursuit of peace, liberty, and progress".

Now, coming to the four U.S. states that are known as commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia. The term "commonwealth" in this context is merely stylistic and carries no legal or political significance, thus making these states no different from the other U.S. states. The use of the term "commonwealth" in these states' names is due to their constitutional histories. For example, Virginia adopted the commonwealth designation after the English Civil War when England became a commonwealth following the abolition of the office of the King and the House of Lords in 1649. Virginia reverted to being a royal colony when the English monarchy was re-established in 1660, but it readopted the commonwealth designation when it gained independence from the Kingdom of Great Britain and adopted its constitution on June 29, 1776. Pennsylvania followed suit shortly after in September 1776. The term "commonwealth" was preferred by political writers at the time, possibly due to some anti-monarchial sentiment. Similarly, Massachusetts officially became known as the "Commonwealth of Massachusetts" when its constitution, drafted by John Adams, was ratified in 1780. Kentucky, which was a part of Virginia until 1792, adopted its constitution in 1792, but it was its fourth constitution, adopted in 1891, that formally declared the official name to be "The Commonwealth of Kentucky".

Commonwealths and self-governance

The term "commonwealth" is used by four of the 50 states in the United States in their full official long-form state names: Kentucky, Massachusetts, Pennsylvania, and Virginia. These states are referred to as commonwealths because their constitutional drafters declared them as such. The term "commonwealth" is used interchangeably with the term "state" in the constitutions of these four states, and the distinction is merely stylistic, carrying no legal or political significance.

The choice to use "commonwealth" is a nod to the broader context of the British Empire and its former colonies. During the transition from colonial rule to independence, the word "commonwealth" signalled a break from monarchy while maintaining ties to ideals of collective governance. The term has roots in anti-monarchial sentiment, symbolizing a government that exists to serve its citizens rather than a monarch. The four commonwealths each have unique attributes that influenced their adoption of the term.

For example, Massachusetts, known for its role in the American Revolution, is the birthplace of the Massachusetts Constitution, which continues to inspire democratic governance worldwide. The term "commonwealth" was preferred by political writers in the years leading up to 1780, when the Massachusetts Constitution, drafted by John Adams, officially designated the state as such. Adams may have chosen the word "commonwealth" to emphasize that the state was a "representative democracy."

Pennsylvania also used the official designation of "commonwealth" when it adopted its constitution in September 1776. The term "commonwealth" appears in the state's seal, legal processes, and one of its intermediate appellate courts, the Commonwealth Court.

Virginia's use of the term "commonwealth" dates back to its independence from the Kingdom of Great Britain. The state's first constitution, adopted on June 29, 1776, directed that "Commissions and Grants shall run, In the Name of the Commonwealth of Virginia, and bear test by the Governor with the Seal of the Commonwealth annexed." The official title of the elected local prosecutor in each of Virginia's political subdivisions is the Commonwealth's Attorney, as opposed to State's Attorney in other states.

Kentucky is the only state outside of the original thirteen colonies that uses "commonwealth" in its name. Its first constitution was based on Pennsylvania's 1790 Constitution, and its fourth constitution, adopted in 1891, formally declared in the preamble that the official name would be "The Commonwealth of Kentucky."

In addition to these four states, two U.S. territories are also designated as commonwealths: Puerto Rico and the Northern Mariana Islands. When used in connection with areas under U.S. sovereignty that are not states, the term "commonwealth" broadly describes an area that is self-governing under its own constitution, with a right of self-government that cannot be unilaterally withdrawn by the United States Congress.

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Commonwealths and their legal status

The term "commonwealth" is used by four of the 50 states of the United States in their full official long-form state names: Kentucky, Massachusetts, Pennsylvania, and Virginia. These states were all British colonial possessions before the formation of the US in 1776 and share a strong influence of English common law in some of their laws and institutions.

The "commonwealth" appellation is merely stylistic and carries no legal or political significance, thus making no difference between these states and the other 46 US states. The term "commonwealth" does not describe or provide for any specific political status or legal relationship when used by a state. However, the term "commonwealth" is used interchangeably with the term "state" in the Constitution of Vermont, and the term is also used in one of the articles of Delaware's 1776 Constitution.

The four states that are officially designated as commonwealths have constitutional histories that explain why they adopted this name. During the English Civil War, England became a commonwealth after the office of the King and the House of Lords were abolished in 1649. Virginia also adopted the commonwealth designation until it became a royal colony again in 1660. The term was reintroduced when Virginia adopted its constitution on June 29, 1776, most likely to emphasize that Virginia's new government was based on the sovereignty of the people united for the common good. Pennsylvania followed Virginia, using the official designation of commonwealth when it adopted its constitution in September 1776.

Kentucky was part of Virginia until 1792 and its first constitution was based on Pennsylvania's 1790 Constitution. It was Kentucky's fourth constitution, adopted in 1891, that formally declared in the preamble that the official name would be "The Commonwealth of Kentucky." The term "commonwealth" was incorporated into the Massachusetts constitution in 1780 to express the ideal of a free, sovereign, and independent body politic or state.

In addition to the four states, two US territories are also designated as commonwealths: Puerto Rico and the Northern Mariana Islands. When used in connection with areas under US sovereignty that are not states, the term "commonwealth" describes an area that is self-governing under its own constitution and whose right of self-government cannot be unilaterally withdrawn by the US Congress.

Commonwealths outside of the US

The term "commonwealth" is used by four of the 50 states of the United States in their full official long-form state names: Kentucky, Massachusetts, Pennsylvania, and Virginia. These four states were all British colonial possessions before the formation of the US in 1776 and share a strong influence of English common law in some of their laws and institutions. The "commonwealth" appellation is merely stylistic and carries no legal or political significance.

In addition to the four states, two US insular areas or territories are also designated as commonwealths: Puerto Rico and the Northern Mariana Islands. The term "commonwealth" when used in connection with areas under US sovereignty that are not states, describes an area that is self-governing under a constitution of its own adoption, and whose right of self-government cannot be unilaterally withdrawn by the US Congress. The Philippines was also a US insular area that used the term "commonwealth" in its official name during most of its period under US sovereignty.

The term "commonwealth" is a traditional English term used to describe a political community founded for the common good. It shares similarities with the Latin phrase "res publica" ("the public thing"), which is the derivation of the word republic. The term "commonwealth" was preferred by a number of political writers in the years leading up to 1780, when Massachusetts officially designated itself as a commonwealth, as it was believed to carry some anti-monarchial sentiment.

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