Eleanor Finch
The Massachusetts Constitution, drafted by John Adams in 1780, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789. The Massachusetts Constitution was created by the Massachusetts Constitutional Convention of 1779 and was the last to be written among the initial thirteen U.S. states. It is unique in its structure, with chapters, sections, and articles, rather than a list of provisions. The US Constitution, on the other hand, has seven articles that define the basic framework of the federal government. The Massachusetts Constitution has been in operation for almost 250 years and has had a significant influence on legal cases, including those related to same-sex marriage and the abolition of slavery within the Commonwealth.
| Characteristics | Values |
|---|---|
| Year written | 1780 |
| Author | John Adams |
| Basis | Declaration of Independence |
| Structure | Chapters, sections, and articles |
| Rights | 30 rights, including freedom of worship and the right to not be subjected to cruel or unusual punishment |
| Amendments | Governed by the 48th Article of Amendment; the most recent places a 4% marginal tax on income over $1,000,000 |
| Influence | The US Constitution and the constitutions of many other nations |
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What You'll Learn
- The Massachusetts Constitution is the world's oldest functioning written constitution
- It was drafted by John Adams, a future US president, in 1780
- It was the first state constitution to clearly delineate a separation of powers
- It served as a model for the US Constitution, which was written in 1787
- The Massachusetts Constitution begins with a list of fundamental rights
The Massachusetts Constitution is the world's oldest functioning written constitution
The Constitution of the Commonwealth of Massachusetts, drafted in 1780, is the oldest functioning written constitution globally. It was created by the Massachusetts Constitutional Convention of 1779 and written by John Adams, who would later become the US president. The Massachusetts Constitution was the last of the initial thirteen US states to be written.
The Massachusetts Constitution is unique in its structure, with chapters, sections, and articles, rather than a list of provisions. It is also the first state constitution to clearly delineate a separation of powers: legislative, executive, and judicial. The document consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment.
The Massachusetts Constitution served as a model for the United States Constitution, which was written in 1787 and came into effect in 1789. The US Constitution has influenced the constitutions of many nations, including Germany, Japan, India, and South Africa.
The Massachusetts Constitution has had a significant impact on the state's history and laws. For example, in 1781, Elizabeth Freeman, a black slave, sued for her freedom based on the state constitution's Article II, which states that no subject shall be restrained in their liberty for their religious profession or sentiments. The jury agreed that slavery was inconsistent with the Massachusetts Constitution and awarded Freeman her freedom.
The Massachusetts Constitution has also played a role in more recent legal decisions. In 2003, the Supreme Judicial Court cited the state constitution's declaration of rights as the basis for legalizing gay marriage in the state. Additionally, the document continues to be amended to reflect the changing needs of the state, such as the approval of a 4% marginal tax on income over $1,000,000 in 2022.
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It was drafted by John Adams, a future US president, in 1780
The Massachusetts Constitution, drafted in 1780, was the work of John Adams, who would go on to become a US president. It was the last of the initial 13 US states' constitutions to be written, and it served as a model for the US Constitution, which was written in 1787 and became effective in 1789.
The Massachusetts Constitution was unique in its structure, with chapters, sections, and articles, rather than being a simple list of provisions. It was also the first state constitution to clearly delineate a separation of powers: legislative, executive, and judicial.
The task of drafting the Massachusetts Constitution fell to John Adams, who laid out a new system of government that drew on British tradition and the ancient Greeks. The document was created by the Massachusetts Constitutional Convention of 1779, which was convened for the sole purpose of creating a constitution. This was a novel approach, as the other 10 states that established new constitutions after the Declaration of Independence passed them through their current legislatures.
The Massachusetts Constitution is the oldest still-functioning written constitution in the world. It begins with a Declaration of Rights, listing 30 fundamental rights, including freedom of religion and the right to worship God according to one's conscience, as long as it does not disturb the public peace. This Declaration of Rights would later be used as the basis for court decisions, such as the legalisation of gay marriage in the state.
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It was the first state constitution to clearly delineate a separation of powers
The Massachusetts Constitution, drafted by John Adams and ratified in 1780, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789.
The Massachusetts Constitution is unique in several ways. Firstly, it was created by a convention of the people, separate from the legislature, specifically for the purpose of drafting a constitution. This was a novel approach, elevating the constitution above ordinary legislation and giving it a higher status.
Secondly, the Massachusetts Constitution was the first state constitution to clearly delineate a separation of powers. According to Clemson University Professor C. Bradley Thompson, it is "the first state constitution to clearly delineate a separation of powers: legislative, executive, and judicial". This structure would later be reflected in the US Constitution, which establishes a federal system with three branches of government: legislative, executive, and judicial.
The Massachusetts Constitution also stands out for its comprehensive list of fundamental rights, which numbers 30, compared to the 10 amendments in the US Bill of Rights. This broad language has had a significant impact, as just three years after ratification, the Supreme Judicial Court declared slavery unconstitutional based on the state constitution.
In summary, the Massachusetts Constitution, with its clear separation of powers and robust protection of individual rights, played a pivotal role in shaping the US Constitution and continues to be a foundational document in American governance.
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It served as a model for the US Constitution, which was written in 1787
The Constitution of the Commonwealth of Massachusetts, written in 1780, is the oldest functioning written constitution in the world. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789. The Massachusetts Constitution was unique in its structure, with chapters, sections, and articles, rather than a list of provisions. It was also the first state constitution to clearly delineate a separation of powers: legislative, executive, and judicial.
The Massachusetts Constitution was created by the Massachusetts Constitutional Convention of 1779 and primarily authored by American founding father and future president John Adams. Unlike the other 10 states that passed new constitutions following the Declaration of Independence, Massachusetts elected representatives from each town to form a body dedicated solely to creating a constitution. This two-step process elevated the constitution above ordinary legislation, giving it a status of higher law.
The Massachusetts Constitution begins with a Declaration of Rights, listing 30 fundamental rights, including freedom of religion and the right to worship according to one's conscience. It also includes a description of the principles and framework of government and articles of amendment. The document influenced the US Constitution, with much of the language and concepts appearing in both. For example, the Massachusetts Constitution's prohibition of cruel or unusual punishment is similar to the federal-level protection against cruel and unusual punishment.
The Massachusetts Constitution has had a significant impact on legal and social issues, such as the abolition of slavery and the legalisation of gay marriage in the state. It has also influenced international agreements and charters, including the Universal Declaration of Human Rights. The US Constitution, in turn, has served as a model for the constitutions of many other nations, including Germany, Japan, India, and South Africa.
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The Massachusetts Constitution begins with a list of fundamental rights
The Massachusetts Constitution, drafted in 1779 and approved in 1780, is the world's oldest functioning written constitution. It is unique in being structured with chapters, sections, and articles, rather than a list of provisions. The Massachusetts Constitution begins with a list of 30 fundamental rights, including the right to worship God according to one's own conscience, the right to security in one's home, and the right to be protected by the state in the enjoyment of life, liberty, and property.
The document was primarily authored by American founding father and future president John Adams, who laid out a new system of government that drew on British tradition and the ancient Greeks. It is the only state constitution in the US that was created by a convention of the people, separate from the legislature. This two-step process elevated the constitution above ordinary legislation, giving it a higher status as a fundamental law.
The Massachusetts Constitution has had a significant impact on the protection of rights and liberties. For example, just three years after its ratification, the Supreme Judicial Court declared slavery unconstitutional based on the state's constitution. In 2003, the same court cited the constitution's declaration of rights as the basis for legalizing gay marriage in Massachusetts.
The language of the Massachusetts Constitution also appears in the US Constitution, which was written in 1787 and became effective in 1789. The Massachusetts Constitution served as a model for the US Constitution, which has since influenced the constitutions of many other nations, including Germany, Japan, India, and South Africa.
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Frequently asked questions
Yes, the Massachusetts Constitution, ratified in 1780, is the oldest constitution currently in effect in the US and the world.
The Massachusetts Constitution was primarily drafted by John Adams.
Yes, the 1780 Massachusetts Constitution served as a model for the US Constitution, which was written in 1787 and became effective in 1789.
The Massachusetts Constitution includes a strong prohibition against unreasonable searches and seizures, and it guarantees the right to keep and bear arms for the common defence. It also provides for the equitable mode of making laws and their impartial interpretation and execution.
The Massachusetts Constitution has been in operation for almost 250 years and has had a significant impact on state constitutional drafting. It has also influenced international agreements and charters, such as the Universal Declaration of Human Rights.
