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

An Anomaly: The Massachusetts Census Here today (1970); Gone tomorrow (1974)

Recently, the reference staff received a question regarding a little-known 1971 state census. Massachusetts has taken a census in years ending in 5 since the mid-1800’s and the results are available on the State Library’s website. The United States government also conducts a census in years ending in 0; starting in the year 1790.

We discovered that there was a Massachusetts Constitutional Amendment adopted in 1970 (XCII-#92), which called for a state census in 1971 and every tenth year thereafter. The amendment also refined how the General Court was composed. At that time, the House of Representatives consisted of 240 members and the Senate of 40 members. The General Court (the Legislature) held a constitutional convention in both 1968 and 1969 to pass this Constitutional Amendment. There were court cases to dispute the census results by Brockton, Lowell and others. There were questions about the counting of students, especially for Cambridge.

Constitutional Amendment XCII was annulled in 1974. The General Court held constitutional conventions in both 1971 and 1973. The people of Massachusetts approved the annulment which was on the 1974 ballot; this became amendment CI (#101). Amendment CI also reduced the size of the General Court to 160 members of the House of Representatives and 40 Senators. The 1971 census was completed, but apparently the results were never published. The returns are available at the State Archives.

For more information about the Massachusetts Constitution and General Court (Legislature), please visit us in room 341 of the State House. The State Library is open Mondays through Fridays from 9 am to 5 pm.

Slavery and the Massachusetts Constitution

We did some research regarding a question about involuntary servitude and the Massachusetts Constitution.

The 13th amendment in the U.S. Constitution outlaws slavery and involuntary servitude.

The Massachusetts Constitution never outlawed slavery but Article One of the Declaration of Rights says: “Article I. All men are born free 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. [Annulled by Amendments, Art. CVI.]”

This quotation is from the Massachusetts General Court’s website.

There is a website that has slavery abolition dates for the states.

This is what it says about the State of Massachusetts:
“Massachusetts - The constitution of 1780’s case law abolish slavery in 1781. The constitution of 1780 was never actually amended to prohibit slavery…. The Massachusetts Legislature did debate…but choose to do nothing understanding public opinion as being strongly anti-slavery.”

-Naomi Allen, Reference Librarian