Review What is unique about the Massachusetts Constitution?
Kinh Nghiệm Hướng dẫn What is unique about the Massachusetts Constitution? 2022
Lê Hải Hưng đang tìm kiếm từ khóa What is unique about the Massachusetts Constitution? được Cập Nhật vào lúc : 2022-09-12 20:38:03 . Với phương châm chia sẻ Bí quyết về trong nội dung bài viết một cách Chi Tiết 2022. Nếu sau khi đọc Post vẫn ko hiểu thì hoàn toàn có thể lại Comment ở cuối bài để Ad lý giải và hướng dẫn lại nha.From Ballotpedia
Nội dung chính- Part the First: "Declaration of the Rights"Part the Second: "Frame of Government"Chapter IIIArticles of AmendmentAmending the constitutionExternal linksWhat makes the Massachusetts Constitution unique?How was the Massachusetts Constitution different from the others?What rights are protected in the MA state constitution?Does the Massachusetts Constitution have a Bill of Rights?
Massachusetts Constitution
PreamblePart the First:Articles I - XXX
Part the Second:Chapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Articles of
Amendment
The Massachusetts Constitution is the fundamental governing document of the state of Massachusetts.
Features
The Massachusetts Constitution is often referred to as the oldest state constitution in continuous effect.[1]
The Massachusetts Constitution contains four parts: a preamble, a declaration of rights, a description of the framework of government in six chapters and articles of amendment.[1]
As a result of the Massachusetts Constitutional Convention of 1917 - 1919, it was re-codified through the incorporation of 66 previously approved amendments.[2]
Background
- The current (and first) Massachusetts Constitution was adopted on October 25, 1780.[3]The current constitution has been amended
119 times.[3]The most recent amendments to the Massachusetts Constitution, Question 1 and
Question 2, were approved by voters in 2000.Massachusetts features a process for
indirect initiated constitutional amendments. This process requires a signature petition and
then approval by 25 percent of the state's legislature in two different joint legislative sessions. Constitutional amendments can also be put on the ballot in Massachusetts through LRCAs or a
constitutional convention.
Preamble
See also: Preamble, Massachusetts Constitution and Preambles to state constitutionsThe preamble of the Massachusetts Constitution, in its last paragraph, mirrors the preamble of the United States Constitution.
Text of Preamble:The end of the institution, maintenance, and administration of government, is to secure the existence of the body toàn thân politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.
The body toàn thân politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, all times, find his security in them.
We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.[4]
Part the First: "Declaration of the Rights"
See also: Part the First, Massachusetts ConstitutionPart the First of the Massachusetts Constitution is entitled "A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts." Known as a bill of rights, it identifies the origin and purpose of all legitimate government. It contains 30 sections.
Section 1 of Part the First begins by stating:
All people are born không lấy phí 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. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.[4]
Click here to read this part of the Maryland Constitution.
Part the Second: "Frame of Government"
See also: Part the Second, Massachusetts ConstitutionThis part consists of the remaining six chapters of the constitution that describe the powers of the bicameral legislature, the governor, his advisory council and the judiciary. Other provisions honor Harvard College, detail oaths of office and encourage the study of the liberal and useful arts to inculcate civic and private virtues.[1]
Click here to read this part of the Massachusetts Constitution.
Chapter I
See also Chapter 1, Massachusetts ConstitutionChapter I of the Massachusetts Constitution is entitled "The Legislative Power."
Click here to read this chapter of the Maryland Constitution.
Chapter II
See also: Chapter 2, Massachusetts ConstitutionChapter II of the Massachusetts Constitution is entitled "Executive Power."
Click here to read this chapter of the Maryland Constitution.
Chapter III
See also: Chapter 3, Massachusetts ConstitutionChapter III of the Massachusetts Constitution is entitled "Judiciary Power" and consists of five articles.
Click here to read this chapter of the Maryland Constitution.
Chapter IV
See also: Chapter 4, Massachusetts ConstitutionChapter IV of the Massachusetts Constitution is entitled "Delegates to Congress." It has a single section.
Click here to read this chapter of the Maryland Constitution.
Chapter V
See also: Chapter 5, Massachusetts ConstitutionChapter V of the Massachusetts Constitution is entitled "The University Cambridge, and Encouragement of Literature, Etc."
Click here to read this chapter of the Maryland Constitution.
Chapter VI
See also: Chapter 6, Massachusetts ConstitutionChapter VI of the Massachusetts Constitution is entitled "Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provision for a Future Revisal of the Constitution, Etc." and consists of 11 sections.
Click here to read this chapter of the Maryland Constitution.
Articles of Amendment
See also: Articles of Amendment, Massachusetts ConstitutionThe section titled "Articles of Amendment" detail the various amendments to the Massachusetts Constitution.
Click here to read this part of the Maryland Constitution.
Amending the constitution
See also: Article XLVIII, Amendments to the Massachusetts Constitution and Laws governing ballot measures in MassachusettsThe process of amending the Massachusetts Constitution is governed by Article XLVIII, Amendments to the Massachusetts Constitution, which is itself the 48th amendment to the state's constitution.
Article 48 allows the constitution to be amended through indirect initiative amendments. It imposes a number of restrictions on such proposed amendments:
- Petitions that relate to
"religion, religious practices or religious institutions" are prohibited.Petitions that relate to the "appointment, qualification, tenure, removal, recall or compensation of judges" are prohibited.Petitions that would reverse judicial decisions are prohibited.Petitions relating to the "powers, creation or abolition of courts" are prohibited.Petitions that apply only to "a particular town, city or other political division or to particular districts or
localities of the commonwealth" are prohibited.Petitions that would make "a specific appropriation of money from the treasury of the commonwealth" are prohibited.Any petition relating to Amendment 18 is prohibited through citizen initiative; however, Amendment 18 was altered through
other paths.Petitions "inconsistent with" a list of "rights of the individual" are prohibited; those rights include:
- "The right to receive compensation for private property appropriated to public use.""The right of access to and protection in courts of justice.""The right of trial by jury.""Protection from unreasonable search unreasonable bail and the law martial.""Freedom of the press.""Freedom of elections."
"The right of peaceable assembly."
- The sections of the constitution that prohibit various matters from being taken up by citizen initiative are also, themselves, prohibited from change through the process.Petitions that are "substantially the same as any measure which has been qualified for submission or submitted to the people either of the two preceding biennial state elections" are prohibited.
The state's general court plays a significant role in the process for an initiated constitutional amendment in Massachusetts:
- The
Massachusetts General Court is allowed to refer an alternative substitute measure to the ballot to compete with the proposed citizen initiative.The state legislature is allowed to amend the text of an initiated constitutional amendment
through a three-fourths vote in joint session.In two successive legislative sessions, 25 percent of the members of the Massachusetts General Court must support the proposed amendment in order for it to go on the ballot. There are 200 legislators altogether—40 in the
Massachusetts State Senate and 160 in the Massachusetts House of Representatives—so a proposed amendment must earn 50 positive votes. The proposed amendment does not need to earn a 25 percent vote from both chambers, but, rather, from a joint
session. This means, for example, that if 50 members of the state house voted in favor of an amendment, it would require no support from any state senator to qualify for the ballot.
The Massachusetts General Court may also legislatively refer constitutional amendments. This procedure is defined in Section 1 to 3 of Article LXXXI of the Massachusetts Constitution. According to that section:
- Amendments may be proposed by either house of the Massachusetts General Court.Consideration of the amendment in a joint session may be called for by a vote of either house no later than the second Wednesday in May.Proposed amendments must receive majority approval (50% + 1) two successive joint legislative
sessions to be placed on the ballot.If any such proposed amendment is approved by a simple majority of voters and by least 30 percent of people voting in that election, the amendment is adopted.
The Massachusetts Constitution can also be changed through a constitutional convention and subsequent ratification from the voters.
There have been four constitutional conventions in Massachusetts:
- From 1779–80. This led to the adoption of the Massachusetts Constitution, which is the oldest state constitution continuously in effect.From 1820–21. This convention yielded the
Articles of Amendment, 1-9.1853. This convention led to a proposal for an entirely new constitution and seven proposed amendments. They were submitted to a vote of the people, and they all lost.1917–19. This constitution proposed 22 amendments and a revised draft of the existing constitution. Voters
approved all these proposals.
History
The people of Massachusetts held a special convention in 1780 where elected delegates met to debate the eventual framework for Massachusetts' new state government.[5] A constitution was submitted for popular approval, requiring a two-thirds vote for final approval and codifying a social compact. It took four years to create a state constitution that the people of Massachusetts could ratify.[6]
See also
- State
constitutionConstitutional articleConstitutional amendmentConstitutional revisionConstitutional conventionAmendments
- Initiated constitutional amendmentLegislatively-referred constitutional amendmentPublication requirements for proposed state constitutional amendmentsRules about constitutional conventions in state constitutionsState constitutional articles governing state legislatures
External links
- Massachusetts State Legislature, "Constitution of the Commonwealth of Massachusetts"
Footnotes
↑ 1.0 1.1 1.2 The Heritage Foundation, "Massachusetts Constitution," accessed March 28, 2014↑ Cite error: Invalid tag; no text was provided for refs named green↑ 3.0 3.1 Massachusetts Legislature, "Massachusetts Constitution," accessed April 28, 2015↑ 4.0 4.1 Massachusetts State Legislature, "Constitution of the Commonwealth of Massachusetts," accessed March 28, 2014↑ U.S. History, "State Constitutions," accessed March 28, 2014↑ Cite error: Invalid tag; no text was provided for refs named law
v • e
Massachusetts Constitution Massachusetts ConstitutionPreamble • Part the First • Part the Second • Chapter 1 • Chapter 2 • Chapter 3 • Chapter 4 • Chapter 5 • Chapter 6
Amendments
Articles I-X • Articles XI-XX • Articles XXI-XXX • Articles XXXI-XLVII • Article XLVIII • Articles XLIX-LX • Articles LXI-LXX • Articles LXXI-LXXX • Articles LXXXI-XC • Articles XCI-C • Articles CI-CX • Articles CXI-CXX
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What makes the Massachusetts Constitution unique?
It was also the first constitution anywhere to be created by a convention called for that purpose rather than by a legislative body toàn thân. The Massachusetts Constitution was written last of the original states' first constitutions.How was the Massachusetts Constitution different from the others?
"Most people don't realize that the Massachusetts Constitution has a Declaration of Rights that is broader, and more efficacious, and less limited than the Bill of Rights of the U.S. constitution," Silverglate said.What rights are protected in the MA state constitution?
Each individual of the society has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary.Does the Massachusetts Constitution have a Bill of Rights?
Bill of Rights: Massachusetts Constitution of 1780, PT. 1. Part the First. A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. Tải thêm tài liệu liên quan đến nội dung bài viết What is unique about the Massachusetts Constitution? Harvard Massachusetts Constitution Massachusetts Constitution pdf
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