Omar Bennett
The Massachusetts Constitution, drafted in 1780 by John Adams, is the world's oldest functioning written constitution. It is unique in its structure, with chapters, sections, and articles, rather than a list of provisions. The constitution was also the first to be created by a convention of the people, separate from the legislature, and included a declaration of rights, with 30 fundamental rights, which served as a model for the US Constitution. The Massachusetts Constitution has been amended 121 times as of 2022 and has influenced the constitutions of many other states.
| Characteristics | Values |
|---|---|
| Oldest functioning written constitution | Written in 1780 |
| First to be drafted by a convention called for that purpose | Drafted by John Adams |
| First to be created by a convention of the people, separate and apart from the legislature | Drafted in a month |
| First to be structured with chapters, sections and articles | Amended 121 times as of 2022 |
| First to include a list of fundamental rights | 30 fundamental rights |
| First to uphold the right to same-sex marriage on constitutional grounds | Recognizes the inherent rights of "all people" |
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What You'll Learn
- The Massachusetts Constitution is the oldest functioning written constitution in the world
- It was the first constitution created by a convention of the people, not a legislative body
- It is unique in being structured with chapters, sections, and articles
- It was the first to include a list of fundamental rights, including 30 articles
- It created a distinction between ordinary legislation and the fundamental law contained in a constitution
The Massachusetts Constitution is the oldest functioning written constitution in the world
The Massachusetts Constitution, drafted in 1779 and ratified in 1780, is the oldest functioning written constitution in the world. It is unique in several ways.
Firstly, it is structured with chapters, sections, and articles, rather than being a simple list of provisions. This made it stand out from the constitutions of the other twelve original US states. The Massachusetts Constitution served as a model for the US Constitution, which was drafted seven years later, both in terms of structure and content.
Secondly, it was the first constitution in history to be created by a convention called for that specific purpose, rather than by a legislative body. In 1775, John Adams proposed that each state should call a special convention to write a constitution, which would then be submitted to a popular vote. In 1779, the Massachusetts legislature issued a call for every male inhabitant to elect representatives to form a convention for the sole purpose of framing a new constitution. This convention was separate from the legislature and consisted of 312 delegates, who chose a committee of thirty members to prepare a new constitution and declaration of rights.
Thirdly, the Massachusetts Constitution is unique in its commitment to education. Part The Second, Chapter V specifically instructs the legislature to cherish the interests of the people in literature and the sciences and emphasises the importance of education for a functioning democracy.
Finally, the Massachusetts Constitution is notable for its Declaration of Rights, which includes a list of thirty fundamental rights, including provisions protecting free speech, freedom of religion, and criminal procedure rights. This Declaration served as the basis for the Supreme Judicial Court's decision to legalise gay marriage in Massachusetts, with the court citing that the Massachusetts Constitution is more protective of individual liberty and equality than the Federal Constitution.
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It was the first constitution created by a convention of the people, not a legislative body
The Massachusetts Constitution is the oldest functioning written constitution in the world. Drafted by John Adams, it was created in 1780 and is still in effect.
The Massachusetts Constitution was unique in that it was the first to be created by a convention of the people, rather than by a legislative body. In the fall of 1775, Adams recommended that a convention of representatives chosen by the people should "erect the whole building with their own hands upon the broadest foundation". However, the Massachusetts legislature ignored Adams's recommendation and drafted its own version, which was rejected by voters in 1778.
Following this, the Massachusetts legislature issued a call for every male inhabitant to elect representatives to form a convention for the sole purpose of framing a new constitution. This convention would be separate from the legislature and would create a constitution that would require ratification by two-thirds of the electorate. In August 1779, Adams was selected as a delegate to the state constitutional convention, which met in September 1779. The convention chose a committee of thirty members to prepare a new constitution and declaration of rights, and Adams was asked to draft this declaration.
The Massachusetts Constitution was also unique in being structured with chapters, sections, and articles, rather than being a simple list of provisions. It served as a model for the US Constitution, drafted seven years later, both structurally and substantively. It also influenced the constitutions of many other states and countries.
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It is unique in being structured with chapters, sections, and articles
The Massachusetts Constitution is unique in its structure, being the only one of the original thirteen U.S. state constitutions to be arranged into chapters, sections, and articles, rather than a list of provisions.
The document was drafted by John Adams, and it took him about a month to write. It was ratified in June 1780 and is the world's oldest functioning written constitution, predated only by the 1777 Constitution of Vermont and sections of the Constitution of San Marino and the Magna Carta.
The Massachusetts Constitution is structured with 31 chapters, each containing several sections and articles. The first three articles of Chapter I, Section I, establish the three primary branches of government: an executive, a bicameral legislature, and an independent judiciary. This design, unique at the time, was created to ensure the proper separation of powers between the different entities and to prevent the abuse of power by any one branch.
Chapter V, for example, is titled "The University at Cambridge, and Encouragement of Literature, Etc." It specifically tells the legislature that it is their duty to encourage literature and the sciences and discusses the importance of education for a functioning democracy and a benevolent society.
The Massachusetts Constitution also includes a Declaration of Rights, which lists 30 fundamental rights. This Declaration served as the basis for the state's Supreme Judicial Court's decision to legalize gay marriage, emphasizing the protection of individual liberty and equality.
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It was the first to include a list of fundamental rights, including 30 articles
The Massachusetts Constitution, drafted in 1779 and ratified in 1780, is the oldest functioning written constitution in the world. It was drafted by John Adams and served as a model for the United States Constitution, which was written in 1787.
The Massachusetts Constitution is unique in several ways. Firstly, it is structured with chapters, sections, and articles, rather than being a simple list of provisions. Secondly, it is the first constitution in history to be created by a convention of representatives chosen by the people, specifically for that purpose, rather than by a legislative body. This convention of 312 members chose a committee of thirty members to prepare a new constitution and declaration of rights, and that committee asked Adams to draft the declaration of rights.
The Massachusetts Constitution also includes a list of fundamental rights, comprising 30 articles, which is known as the Massachusetts Declaration of Rights. This is considered to be broader in scope than the federal Bill of Rights, encompassing provisions that protect free speech, freedom of religion, and criminal procedure rights such as the right to a speedy trial and the right to confront witnesses. The impact of this broad language was significant and long-lasting. For example, in 1781, just three years after ratification, the Supreme Judicial Court declared slavery unconstitutional.
The Massachusetts Constitution also includes a commitment to education, which is considered one of its most unique aspects. It states that it is the legislature's duty to cherish and encourage interests in literature and the sciences. It also explains how education is crucial to a functioning democracy and how it contributes to the protection of rights and liberties and the creation of a benevolent society.
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It created a distinction between ordinary legislation and the fundamental law contained in a constitution
The Massachusetts Constitution, drafted by John Adams, is the world's oldest functioning written constitution. It is unique in several ways, one of them being that it created a distinction between ordinary legislation and the fundamental law contained in a constitution.
In 1779, the Massachusetts legislature called for every male inhabitant to elect representatives to form a Convention for the sole purpose of framing a new Constitution, which would then require ratification by two-thirds of the same electorate. This was the first time in history that a convention was specifically called for the purpose of creating a constitution, and not by a legislative body. Massachusetts thus created and clarified the distinction between ordinary legislation and the fundamental law contained in a constitution, which could only be created and changed by "the people".
The Massachusetts Constitution was also unique in being structured with chapters, sections, and articles, rather than being a simple list of provisions. It was written in 1780 and served as a model for the United States Constitution, drafted seven years later, both structurally and substantively. It also influenced the revisions of many other state constitutions.
The Massachusetts Constitution begins with a Declaration of Rights, which includes 30 fundamental rights, such as free speech, freedom of religion, and criminal procedure rights. This broad language had an immediate and long-lasting impact. For example, just three years after ratification, the Supreme Judicial Court declared slavery unconstitutional based on this declaration of rights.
The Massachusetts Constitution also established the three primary branches of government: an executive, a bicameral legislature, and an independent judiciary. This unique design at the time was created to ensure the proper separation of powers between the different entities and to prevent the abuse of power by any one branch.
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Frequently asked questions
The Massachusetts Constitution was the last to be written among the initial thirteen U.S. states. It was unique in being structured with chapters, sections, and articles, as opposed to being a list of provisions.
The Massachusetts Constitution was the first in history to be created by a convention called for that purpose, rather than by a legislative body. Each town elected representatives to form a body whose only task was to create a constitution.
The Massachusetts Constitution begins with a list of fundamental rights, of which there are 30, including provisions protecting free speech, freedom of religion, and criminal procedure rights. It also specifically tells the legislature that it is their duty to cherish interests in literature and the sciences, and talks about why education is crucial to a functioning democracy.
