Omar Bennett
The Massachusetts Constitution, ratified in 1780, is the oldest constitution currently in effect in the world. Drafted by John Adams, it served as a model for the United States Constitution, which was written in 1787 and became effective in 1789. The Massachusetts Constitution was the last to be written among the initial thirteen U.S. states and was unique in being structured with chapters, sections, and articles.
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What You'll Learn
The Massachusetts Constitution was written in 1780
The document was drafted primarily by John Adams and served as a model for the United States Constitution, which was written in 1787. The Massachusetts Constitution was the last to be written among the initial thirteen US states, and it is unique in its structure, with chapters, sections, and articles, rather than being a simple list of provisions.
The Massachusetts Constitution was the first in history to be created by a convention called specifically for that purpose, rather than by a legislative body. In 1777, the Massachusetts legislature announced that it would draft a new constitution and submit it to the voters for approval. However, this proposed constitution was rejected by the voters in 1778, as it did not provide for the separation of powers or include a statement of individual rights.
Following this, 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. The convention met in Cambridge from September 1 to October 30, 1779, and its 312 members chose a committee of thirty members, including John Adams, to prepare a new constitution and declaration of rights. This process ensured that the constitution was drafted with the consent of the people, reflecting Adams's earlier recommendation that constitutions should be "erected by the whole building with their own hands."
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It was drafted by John Adams
The Massachusetts Constitution, ratified by the legal voters of the Commonwealth in 1780, is the oldest constitution currently in effect in the world. It was primarily drafted by John Adams and served as a model for the United States Constitution.
John Adams, who was serving as a diplomat to France at the time, had previously recommended that a special convention be held to draft and ratify the constitution, with representatives chosen by the people. However, the Massachusetts legislature decided to draft its own version, which was rejected by voters in 1778.
Following this, the Massachusetts General Court organized the election of delegates from each town to participate in a convention tasked with drafting a new constitution. This convention met in Cambridge in September 1779, and its members chose a committee of thirty members to prepare a new constitution and declaration of rights. John Adams, influenced by attorney James Otis' argument in the Writs of Assistance case in 1761, was asked to draft this declaration of rights.
The Massachusetts Constitution, written by Adams, includes a strong prohibition against unreasonable searches and seizures, ensuring that established rules are followed before private property can be searched or seized by government officials. It also begins with a list of fundamental rights, with 30 rights outlined, including the right to freedom from cruel or unusual punishment.
The document has lasted over 236 years and has been amended 121 times as of 2022 to meet the changing needs of society. It is considered the "grandaddy of constitutions" by civil rights attorney Harvey Silverglate, who notes that liberty is treated more broadly and seriously in Massachusetts.
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It is the world's oldest functioning written constitution
The Massachusetts Constitution, ratified in 1780, is the oldest functioning written constitution in the world. Drafted by John Adams, it served as a model for the United States Constitution, which was written in 1787 and came into effect in 1789. The Massachusetts Constitution is unique in being structured with chapters, sections, and articles, as opposed to being a list of provisions.
The process of drafting the Massachusetts Constitution was influenced by John Adams's witnessing of attorney James Otis arguing the Writs of Assistance case in 1761. This case later influenced Adams when he included a strong prohibition against unreasonable searches and seizures in the Constitution. The document also included a list of fundamental rights, with 30 of them, as opposed to the 10 in the federal Constitution.
The Massachusetts Constitution was also 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 sole task was to create the Constitution. This two-step process elevated the Constitution above ordinary legislation, giving it the status of fundamental law. The Massachusetts Constitution has been amended 121 times as of 2022 to meet the needs of an evolving society.
The Massachusetts Constitution has had a significant impact on civil rights and liberties. For example, in 1781, a black slave named Elizabeth Freeman sued for her freedom based on an article in the Constitution. The jury agreed that slavery was inconsistent with the Constitution and awarded Freeman her freedom. The Massachusetts Constitution has also been cited in court decisions to legalize gay marriage in the state.
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It served as a model for the US Constitution
The Massachusetts Constitution, ratified in 1780, is the world's oldest functioning written constitution. It was drafted primarily by John Adams and 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 its structure, with chapters, sections, and articles, rather than being a simple list of provisions. This structure was adopted by the US Constitution, drafted seven years later, both in form and content. The Massachusetts Constitution was also the first to be created by a convention specifically convened for that purpose, rather than by a legislative body. This convention comprised 312 members, who chose a committee of thirty members to prepare the new constitution and declaration of rights.
The Massachusetts Constitution is also notable for its strong prohibition against unreasonable searches and seizures, influenced by attorney James Otis's argument in the Writs of Assistance case in 1761, which John Adams witnessed. This provision ensures that established rules are followed before private property can be searched or seized by government officials.
The Massachusetts Constitution's Declaration of Rights, with 30 fundamental rights, also had a significant impact. Just three years after ratification, the Supreme Judicial Court declared slavery unconstitutional based on this declaration. The broad language of the declaration has been cited in various landmark cases, including the legalisation of gay marriage in Massachusetts.
The Massachusetts Constitution has been amended numerous times to meet societal changes, with 121 Articles of Amendment as of 2022. It continues to be a significant document, influencing the constitutions of other states and countries and shaping international agreements and charters, such as the Universal Declaration of Human Rights.
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It was ratified by the voters of the Commonwealth
The Massachusetts Constitution, ratified by the voters of the Commonwealth in 1780, is the oldest constitution currently in effect in the world. The document was primarily written by John Adams and served as a model for the United States Constitution.
In 1777, the Massachusetts legislature announced that the next legislature would draft a new constitution and submit it to the voters for approval. John Adams, serving as a diplomat to France at the time, had recommended that constitutions be drafted and ratified by special conventions representing the consent of the people. However, the legislature's proposed constitution was rejected by the voters in 1778.
In 1779, the Massachusetts legislature called on 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 Convention met in Cambridge from September 1 to October 30, 1779, and its 312 members chose a committee of thirty members to prepare a new constitution and declaration of rights.
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 constitution created by a convention called specifically for that purpose, rather than by a legislative body. The document has been amended 121 times as of 2022 to meet the changing needs of society, with amendments governed by the 48th Article of Amendment, adopted in 1918.
The Massachusetts Constitution begins with a Declaration of Rights, listing 30 fundamental rights. This broad language has had a significant impact, with slavery being declared unconstitutional just three years after ratification. In recent years, the same declaration of rights has been cited as the basis for legalizing gay marriage in the state.
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Frequently asked questions
The Massachusetts Constitution was written in 1780.
The Massachusetts Constitution was primarily written by John Adams.
John Adams took about a month to write the Massachusetts Constitution.
The Massachusetts Constitution is the oldest functioning written constitution in the world. It is also unique in being structured with chapters, sections, and articles, as opposed to being a list of provisions.
The Massachusetts Constitution served as a model for the United States Constitution, which was drafted seven years later. It also influenced the constitutions of many other states.
