1. The Massachusetts Constitution, the oldest written constitution still in force, turns 240 in 2020 & is the next state in our #50Weeks50Constitutions journey. Toss your tea in the harbor, grab a Sam Adams & read on to learn more. 
2. While Mass threw off its royal governor in 1774, it was not the first colony to draft a constitution. The First Continental Congress advised the colony to continue with their colonial government—just without the governor—as there was still hope for reconciliation.
3. Well, this proved to be a false hope with the breakout of war in 1775 & the Declaration of Independence in 1776, but it was not until 1780 that Mass finally adopted a constitution (on its second attempt—the first draft was rejected by the people).
4. Massachusetts’ first attempt was written by the General Court (the legislature) & put to the people for an up or down vote. The people rejected it because they felt they hadn’t had a sufficient say in the process.
5. The second time, the General Court requested all freemen (w/ no race or property qualification) elect delegates to a special convention solely for drafting a constitution. Over 300 delegates, including John Adams, were sent & Adams was tasked with drafting it.
6. John Adams was well equipped, having earlier drafted “Thoughts on Government” which he sent to other state constitutional conventions (including Virginia & North Carolina) advising them how to draft their constitutions.
7. The draft was approved by the convention w/ minimal revision & approved by 2/3 of all freemen over the age of 21. There were no property or race requirements to vote to ratify the constitution, but it DID enact property requirements for future elections.
8. This constitution established one of the most powerful governors in relation to other early states. The governor was elected by popular vote, given the power to veto laws, and the power to appoint judges. The executive branch was truly separate.
9. The Supreme Judicial Court was given more independence than their early sister courts in other states. The judges served “during good behavior,” and were given a fixed salary. Another very separate branch of government.
10. Fun fact: the Supreme Judicial Court was a carryover from the colonial government. Technically, this court was established in 1692 and is the oldest appellate court in the West. Massachusetts has the oldest written constitution and oldest appellate court!
11. The Mass Declaration of Rights articulated the “Lockean natural rights” of “enjoying and defending their lives and liberties” and “acquiring, possessing, and protecting property.” (An instance of more protective language in the state constitution than the federal).
12. While recognizing a large amount of religious freedom, the Declaration of Rights also permitted a state church. And while every Christian denomination was to be “equally under the protection of the law” that only helped those who were Christian.
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13. It was not amended until a convention in 1820, called to address the fact that a chunk of the state seceded to create Maine (more on that in a future thread). Nine Amendments were adopted—however none addressed representation, the impetus for the convention.
14. Those adopted (& approved by popular vote) eliminated property requirements for voting in state elections & created an amendment procedure outside a convention which was used in 1833 to abolish the state church & forbid favoring of Christianity over other religions.
15. The next convention was convened in 1853. There were 2 propositions. The 1st included a new constitution w/ some changes incorporated into the text while the other consisted of piecemeal amendments. Because of the unpopularity of the 1st, the voters rejected both.
16. The last convention took place during 1917-18 and mainly focused on the initiative & referendum power. Since that time, numerous other Amendments have been adopted but no real attempt has been made to replace the constitution as a whole.
17. Massachusetts with its oldest appellant court & oldest written constitution has a lot to be proud of. But perhaps its most important contribution for those of us outside the state is that the Massachusetts Constitution was the model for the U.S. Constitution.
18. Learn even more about the Massachusetts Constitution through the provided links and keep following #50Weeks50Constitutions
wgbh.org/news/2016/06/2…; americanantiquarian.org/proceedings/44…; malegislature.gov/laws/constitut…; consource.org/document/const…; books.google.com/books/about/Th…
wgbh.org/news/2016/06/2…; americanantiquarian.org/proceedings/44…; malegislature.gov/laws/constitut…; consource.org/document/const…; books.google.com/books/about/Th…
