Constitutionally Speaking

The Massachusetts Constitution is an important legal document in Massachusetts history. One interest researchers have in the Massachusetts Constitution is seeing the amendments that have passed, and when and how they have passed. The state constitution has three different ways it has been amended since it took effect in 1780.

The 1780 Massachusetts Constitution provides for the people to hold a vote on whether they wanted a special constitutional convention in 1795, which the people voted against. Another special convention was held in 1820 and the first nine amendments to the constitution passed. One was held in 1853 and the voters rejected all the amendments which were brought forth. A Special Constitutional Convention was held in 1917, 1918 and in 1919. In 1917 and 1918 Article 48 was passed which got rid of the provision for special constitutional conventions.

Another way to pass an amendment to the state constitution is to have the legislature propose constitutional amendments in a constitutional convention.  State constitutional conventions are held yearly. The legislature must pass an amendment in two consecutive sessions and then have the voters approve the amendment in the form of a ballot question in order to become law. All amendments to the constitution must be ratified or approved by the voters.  Some amendments passed by the legislature include:

• Amending Article 18    Free exercise of religion; support of public schools; use of public money or credit for schools and institutions. 1855
• Amending Article 64 Gubernatorial succession prior to inauguration. 1950
• Amending Article 69 Enabling women to hold any state, county or municipal office. 1924
• Amending Article 120 Prohibiting the right to vote for persons incarcerated due to a felony conviction. 2000

A third way to amend the state constitution is by initiative petition.  Article 48, sections 4 and 5, and articles 74 and 81 of the state constitution govern the procedures for initiative petitions.  This method of amending the state constitution was established in 1918 when article 48 was passed in a vote by the people. To get an amendment on the ballot ten qualified voters in Massachusetts write and sign an original petition. The Attorney General decides whether the petition is valid and prepares a summary. This summary and the petition are filed with the Secretary of State. Then it goes to the General Court and the initiative needs to get at least 25% of the legislators in two successive legislatures. It goes on the ballot and if at least 30% of the voters who cast ballots in the election vote on the question, and if a majority of the ballots cast approve the ballot question then it passes. Some amendments that went through the initiative petition process include:

• Amending Article 101  Apportionment of senatorial, representative and councilor districts. 1930
• Amending Article 106  Equal Rights amendment. 1976
• Amending Article  114 Prohibit discrimination against handicapped persons. 1980 

A court case cannot directly change the Massachusetts Constitution. The matter would have to appear before the legislature and would have to appear on the ballot. The
Mum Bett (1781) and the Quock Walker (1781-1783) cases essentially got rid of slavery in Massachusetts but the Massachusetts Constitution was not changed until 1869 when the federal constitution changed.


Naomi Allen
Reference Librarian

Adopting and Amending a Charter in Massachusetts

Chapter 4 Section 7 of the Massachusetts General Laws defines a charter as:

‘Charter’, when used in connection with the operation of city and town government shall include a written instrument adopted, amended or revised pursuant to the provisions of chapter forty-three B which establishes and defines the structure of city and town government for a particular community and which may create local offices, and distribute powers, duties and responsibilities among local offices and which may establish and define certain procedures to be followed by the city or town government. Special laws enacted by the general court applicable only to one city or town shall be deemed to have the force of a charter and may be amended, repealed and revised in accordance with the provisions of chapter forty-three B unless any such special law contains a specific prohibition against such action.

A charter works as a municipal constitution, acting as the authority on how a city or town’s government is structured and run; it is also subject to amendments and revisions by the municipality.  Municipalities have different options for plans of government:  “Model city charters” (A,B,C,D,E,F), which can be found in Chap. 43 of the M.G.L.; home rule charters (Chap. 43B); and “special act charters” granted by the Massachusetts legislature.  How are changes made to municipal charters?  There are three main routes through which a change can be made:

1. Electing a Home Rule Charter Commission:  Established by the 1966 Home Rule Amendment (Art. LXXXIX) to the Massachusetts Constitution, it allows a city or town, upon the initial petition of 15% of registered voters, to elect and create a 9-member charter commission to amend or prepare a municipal charter.  Once elected, the commission begins weighing the options for structural changes to the local government.  The process relies on the participation of the city or town’s residents through public meetings and public hearings, and both a preliminary and final report must be published by the commission.  When the charter proposal is submitted to the voters during a municipal election, it must be adopted by the majority of the voters.  Home Rule procedures can be found under Chap. 43B and in Article LXXXIX (89) of the MA Constitution.

2. Home Rule Petitions:  Some cities and towns have created their charters through special legislation passed through the Massachusetts General Court (“special act charters”).  Amendments to this type of charter are also usually submitted to the legislature, and when they are passed they become part of the group of statutes called “special acts.”  Before the adoption of the Home Rule Amendment in 1966, this type of petition was the only way for a city or town to make structural changes.

3. Bylaws and “permissive” legislation:  Any city or town can adopt enabling state legislation (“permissive” legislation) or create bylaws (ordinances) to make select changes to the administration, structure, or organization of the local government.  Various sections in Chap. 41 of the MGL offer options for permissive legislation, as well as in Chap. 40N and 43C.  These types of changes require a town meeting or town election vote.

Article I from Attleboro’s city charter.Currently, Attleboro is one of 20 Massachusetts cities,
or one of 90 Massachusetts communities total, that has adopted a “home rule charter”.

For more information, please visit the following web sites:

• MMA – Forms of Municipal Government/Charters
• Mass DOR – Charting a Route for Charter Change

Kaitlin Connolly
Reference Dept.