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Massachusetts State Constitution


The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. As a member of the Massachusetts Constitutional Convention of 1779, John Adams was the document's principal author. Voters approved the document on June 15, 1780. It became effective on October 25, 1780, and remains the oldest functioning written constitution in continuous effect in the world. It was also the first constitution anywhere to be created by a convention called for that purpose rather than by a legislative body. Only the Constitution of San Marino has sections still in force that are older.

The Massachusetts Constitution was written last of the original states' first constitutions. Rather than taking the form of a list of provisions, it was organized into a structure of chapters, sections, and articles. It served as a model for the Constitution of the United States of America, drafted seven years later, which used a similar structure. It also influenced later revisions of many other state constitutions. The Massachusetts Constitution has four parts: a preamble, a declaration of rights, a description of the framework of government, and articles of amendment.

It has been amended 120 times, most recently in 2000.

In the spring of 1775, Adams took the position that each state should call a special convention to write a constitution and then submit it to a popular vote. He told the Continental Congress that:

We must realize the theories of the Wisest Writers and invite the People, to erect the whole Building with their own hands upon the broadest foundation. That this could be done only by conventions of representatives chosen by the People.... Congress ought now to recommend to the People of every Colony to call such Conventions immediately and set up Governments of their own, under their own Authority; for the People were the Source of all Authority and the Original of all Power.

The legislative body of Massachusetts, known as the Massachusetts General Court, instead drafted its own version of a constitution and submitted it to the voters, who rejected it in 1778. That version did not provide for the separation of powers, nor did it include a statement of individual rights. The General Court then organized the election of delegates from each town to participate in a convention that would draft a constitution and submit their work to a popular vote with the understanding that its adoption would require approval by two-thirds of the voters. The constitutional convention met in Cambridge in September 1779.


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