Omar Bennett
The Massachusetts Constitution, the world's oldest written constitution still in effect, was the last to be written among the initial thirteen U.S. states. It is unique in its structure, with chapters, sections, and articles, and has been amended 121 times as of 2022. The constitution served as a model for the U.S. Constitution, both in structure and substance, and has influenced the revisions of many other state constitutions.
| Characteristics | Values |
|---|---|
| Position among the initial 13 U.S. states | Last to be written |
| Structure | Chapters, sections, and articles |
| Influence | Model for the U.S. Constitution |
| Amendments | 121 as of 2022 |
| Age | Among the oldest functioning written constitutions in continuous effect in the world |
| Precedents | Predated by the 1777 Constitution of Vermont and by sections of the Constitution of San Marino and the Magna Carta |
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What You'll Learn
- The Massachusetts Constitution is the oldest written constitution still in effect in the world
- It was the last of the initial 13 US states' constitutions to be written
- The Massachusetts Constitution has been amended 121 times as of 2022
- It served as a model for the US Constitution, both structurally and substantively
- The Massachusetts Constitution has been instrumental in abolishing slavery in the state
The Massachusetts Constitution is the oldest written constitution still in effect in the world
The Massachusetts Constitution, written in 1780, is the oldest written constitution still in effect in the world. It was drafted by John Adams, who became a diplomat to France in 1779. Adams drew on his knowledge of history and political philosophy, the colonies' experiences under British colonial rule, and his own ideas articulated in Thoughts on Government. The Massachusetts Constitution contains a preamble and two parts: a Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts and a Frame of Government.
The constitution was ratified on June 15, 1780, and became effective on October 25, 1780. Male voters 21 years or older ratified the constitution and declaration of rights. The preamble of the Massachusetts Constitution provided a model for the United States Constitution, which was composed a few years later and became effective in 1789. The Massachusetts Constitution has been amended 121 times as of 2022.
The constitution includes a strong prohibition against unreasonable searches and seizures, influenced by attorney James Otis arguing the Writs of Assistance case in 1761. This case originated in 1760 when, soon after George III ascended to the English throne, customs officials began aggressively inspecting ships, businesses, and homes for evidence of goods smuggled into Massachusetts by merchants seeking to avoid taxes. To conduct a search, customs officials only needed to obtain a "writ of assistance," a general search warrant that allowed them to search any identified premises.
The Massachusetts Constitution also includes a Declaration of Rights, which states that "all men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." This declaration played a significant role in abolishing slavery in Massachusetts. In 1781, Elizabeth Freeman, a black slave, sued for her freedom based on this article. The jury agreed that slavery was inconsistent with the Massachusetts Constitution and awarded Freeman £5 in damages and her freedom.
The Massachusetts Constitution is a testament to the state's long history of democracy and the protection of individual rights and liberties. It has served as a model for other constitutions, including the United States Constitution, and continues to be a living document that can be amended to meet the needs of a changing society.
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It was the last of the initial 13 US states' constitutions to be written
The Massachusetts Constitution, currently the world's oldest written constitution still in effect, does not specify the number of words it contains. However, it establishes the Commonwealth of Massachusetts as a free, sovereign, and independent state, with a government that secures the existence of the body politic, protects it, and empowers individuals to enjoy their natural rights and the blessings of life.
The Constitution of the United States, on the other hand, is the oldest and longest-standing written and codified national constitution globally. Its drafting, often referred to as its framing, took place at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The 13 original states, excluding Rhode Island, which did not send delegates, were represented at this convention. The final vote on the Constitution occurred on September 15, 1787, and it was clear that the arduous work of the convention was coming to an end. The delegates from each state unanimously approved the Constitution, and the members met for the last time on September 17.
The US Constitution's main provisions include seven articles that outline the fundamental structure of the federal government. It also includes concepts of federalism, describing the rights and responsibilities of state governments and their relationship with the federal government. The opening phrase, "We the People," signified that the people, rather than the states, were the source of the government's legitimacy. This phrase was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style.
While the length of the Massachusetts Constitution is not specified in words, it is recognized as the oldest written constitution still in effect. The US Constitution, on the other hand, is known for being the oldest and longest-standing written and codified national constitution. Both constitutions have played significant roles in shaping the governance of their respective jurisdictions.
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The Massachusetts Constitution has been amended 121 times as of 2022
The Massachusetts Constitution, currently the world's oldest written constitution still in effect, has been amended 121 times as of 2022. The most recent amendment, approved by voters on November 8, 2022, places a 4% marginal tax on income over $1,000,000.
The constitution-making process in Massachusetts began in 1777-1778 when a constitutional convention proposed the state's first constitution for ratification. However, this was rejected by voters. A second convention, held in 1779, produced a draft primarily authored by John Adams, which was approved by voters on June 15, 1780, and became effective on October 25 of the same year.
The Massachusetts Constitution consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment. The preamble sets out the intentions of the framers and the purpose of the document, while the declaration of rights outlines the natural, essential, and unalienable rights of the people, including life, liberty, property, safety, and happiness. The principles and framework of government section establishes the role of the body politic in securing these rights and outlines the duty of the people in framing a constitution that provides for equitable law-making, impartial interpretation, and faithful execution.
The articles of amendment detail the various amendments that have been made to the constitution over time. The amendment process is governed by the 48th Article of Amendment, which establishes an indirect initiative process requiring action by the state legislature and a subsequent referendum. This article also imposes restrictions on the types of petitions that can be considered for amendment, excluding those related to religion, religious practices, religious institutions, and the judiciary.
The Massachusetts Constitution has undergone significant changes since its inception, with amendments addressing a range of issues such as religious freedom, same-sex marriage rights, and taxation. The ability to amend the constitution through democratic processes has allowed the state to adapt its governing document to meet the evolving needs and values of its citizens.
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It served as a model for the US Constitution, both structurally and substantively
The Massachusetts Constitution is the world's oldest functioning written constitution that is still in effect. It was the last to be written among the initial thirteen US states and was unique in its structure, being divided into chapters, sections, and articles, rather than a list of provisions. It served as a model for the US Constitution, both structurally and substantively.
The Massachusetts Constitution was drafted by a convention called for that express purpose, rather than by a legislative body, and it was ratified by popular vote. This was a process that John Adams had advocated for in 1775. The convention met in Cambridge in September 1779, and its 312 members chose a committee of thirty members to prepare a new constitution and declaration of rights. Adams was asked to draft this declaration of rights, which initially read: "All men are born equally free and independent...." This was revised to: "All men are born free and equal..." before being adopted by the convention.
The preamble of the Massachusetts Constitution provided a model for the US Constitution, including some phrases near the end. The US Constitution was drafted seven years after the Massachusetts Constitution and was influenced by it in both structure and substance. The Massachusetts Constitution also influenced later revisions of many other state constitutions.
The Massachusetts Constitution has 3 parts: a preamble, a declaration of rights, and a frame of government. The declaration of rights includes the right to enjoy and defend one's life and liberty, the right to acquire, possess, and protect property, and the right to seek and obtain safety and happiness. The frame of government establishes the Commonwealth of Massachusetts and outlines the powers and duties of the government, including the legislative, executive, and judicial branches.
The exact word count of the Massachusetts Constitution is unclear, but it is likely to be over 10,000 words, given that it has been amended 121 times as of 2022.
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The Massachusetts Constitution has been instrumental in abolishing slavery in the state
The Massachusetts Constitution is the world's oldest written constitution that is still in effect. While it is unclear how many words it contains, the constitution has played a pivotal role in abolishing slavery in the state.
Slavery was a significant part of Massachusetts' history, with African slaves first arriving in the 1630s and the practice being legally sanctioned in 1641. The Massachusetts Constitution came into effect in 1780, and while slavery was still legal at the time, the document contained principles of liberty and legal equality that would later be used to challenge the institution of slavery.
The Quock Walker case, a series of three court cases from 1781 to 1783, was a pivotal moment in the abolition of slavery in Massachusetts. Quock Walker, a slave who had been purchased as an infant, fled his owner, Nathaniel Jennison, in 1781. Jennison recaptured, beat, and re-enslaved Walker, leading to three court proceedings. In the first case, Walker sued Jennison for assault and battery with the assistance of attorneys Levi Lincoln and Caleb Strong. The second case involved John Caldwell's sons, who had harboured Walker after his escape. The third was a criminal case in which Jennison was prosecuted for criminal assault and battery.
During the Quock Walker case, the Supreme Judicial Court of Massachusetts, led by Chief Justice William Cushing, applied the principle of judicial review and declared that slavery was incompatible with the principles of liberty and legal equality articulated in the new Massachusetts Constitution. In his trial notes, Chief Justice Cushing wrote, "there can be no such thing as perpetual servitude of a rational Creature..." He instructed the jury to consider Walker a free man when deciding on Jennison's guilt, stating that slavery was "as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence." This set a powerful precedent, undermining slave owners' confidence in their "property rights" and empowering enslaved people to demand their freedom.
While the Quock Walker case did not immediately end slavery in Massachusetts, it played a significant role in shifting public opinion and legal interpretations. The 1790 census recorded no slaves in Massachusetts, but historians note that changing economic conditions and growing anti-slavery sentiments also contributed to the decline of slavery in the state. The final legal abolition of slavery in Massachusetts came with the ratification of the Thirteenth Amendment to the United States Constitution in 1865, following the American Civil War.
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Frequently asked questions
The MA constitution has 4,543 words, including the signatures.
The MA constitution is the world's oldest written constitution that is still in effect. It is shorter than the Constitution of Alabama, which is currently the longest active written constitution in the world.
The MA constitution is unique in that it is structured with chapters, sections, and articles, rather than being a list of provisions.
The MA constitution has been amended 121 times as of 2022.
The MA constitution played a significant role in the abolition of slavery in the state. In a landmark case in 1781, Elizabeth Freeman, a black slave, sued for her freedom based on the constitution. The jury agreed that slavery was inconsistent with the MA constitution and awarded Freeman her freedom.
