Sparks Commentary: The Constitution of Massachusetts influenced the Bill of Rights

“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.”

– The original Constitution of Massachusetts (ratified 1780), Part 1, Article 1 – as written by John Adams

“A Declaration of the Rights of the Inhabitants … of Massachusetts”

The United States Constitution shows the influence of several American state constitutions. But the one that influenced it the most was undoubtedly the Massachusetts Constitution. The original text of the Massachusetts Constitution was principally written by John Adams. It influenced many of the provisions in the original United States Constitution, as I show in a previous post. In this post, I will instead show how it influenced the amendments in the United States Bill of Rights. It has a lengthy section entitled “A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts” (Source: Part the First). This section makes for very interesting reading.

John Adams, the principal author of the Constitution of Massachusetts

“Liberty of the press” (influenced First Amendment)

The original Massachusetts Constitution says that “The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.” (Source: Part 1, Article 16) This influenced the United States Bill of Rights, which says that Congress shall make no law “abridging the freedom of speech, or of the press” (Source: First Amendment to the United States Constitution).

Printing press from 1811

Right of peaceable assembly, and right to petition the government (influenced First Amendment)

The original Massachusetts Constitution says that “The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer” (Source: Part 1, Article 19) This influenced the United States Bill of Rights, which says that Congress shall make no law abridging “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Source: First Amendment to the United States Constitution)

The title page of the first published edition of the original 1780 Massachusetts Constitution

A right “to keep and to bear arms” (influenced Second Amendment)

The original Massachusetts Constitution says that “The people have a right to keep and to bear arms for the common defence.” (Source: Part 1, Article 17) This influenced the United States Bill of Rights, which says that “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” (Source: Second Amendment to the United States Constitution)

Infantry in the American Revolution

Restrictions on quartering soldiers in people’s homes (influenced Third Amendment)

The original Massachusetts Constitution says that “In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature.” (Source: Part 1, Article 27) This influenced the United States Bill of Rights, which says that “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” (Source: Third Amendment to the United States Constitution)

The first part of the Massachusetts Constitution, entitled “A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts”

Protections against unreasonable searches and seizures (influenced Fourth Amendment)

The original Massachusetts Constitution says that “Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.” (Source: Part 1, Article 14) This influenced the United States Bill of Rights, which says that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Source: Fourth Amendment to the United States Constitution)

No one to be illegally deprived of life, liberty, or property (influenced Fifth Amendment)

The original Massachusetts Constitution says that “no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land … And the legislature shall not make any law, that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury” (Source: Part 1, Article 12) This influenced the United States Bill of Rights, which says that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger … nor be deprived of life, liberty, or property, without due process of law” (Source: Fifth Amendment to the United States Constitution).

United States Bill of Rights

Restrictions on eminent domain (influenced Fifth Amendment)

The original Massachusetts Constitution says that “no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people … And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor[e].” (Source: Part 1, Article 10) This would influence the United States Bill of Rights, which says that “nor shall private property be taken for public use without just compensation.” (Source: Fifth Amendment to the United States Constitution)

Right to trial by jury in criminal prosecutions (influenced Sixth Amendment)

The original Massachusetts Constitution says that “the legislature shall not make any law, that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.” (Source: Part 1, Article 12) This influenced the United States Bill of Rights, which said that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law” (Source: Sixth Amendment to the United States Constitution).

A scene from “12 Angry Men” (1957), a movie that dramatizes the trial by jury system

Other rights of the accused (influenced Fifth and Sixth Amendments)

The original Massachusetts Constitution says that “No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election.” (Source: Part 1, Article 12) This influenced the United States Bill of Rights, which says that no person shall be “compelled in any criminal case to be a witness against himself” (Source: Fifth Amendment to the United States Constitution) The Bill of Rights also says that an accused person shall have the right “to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (Source: Sixth Amendment to the United States Constitution)

The fictional defense attorney “Perry Mason,” as played by Raymond Burr on the “Perry Mason” TV show

Right to trial by jury in lawsuits (influenced Seventh Amendment)

The original Massachusetts Constitution says that “In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.” (Source: Part 1, Article 15) This influenced the United States Bill of Rights, which says that “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved” (Source: Seventh Amendment to the United States Constitution).

No excessive bail or fines, or cruel or unusual punishments (influenced Eighth Amendment)

The original Massachusetts Constitution says that “No magistrate or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.” (Source: Part 1, Article 26) This influenced the United States Bill of Rights, which says that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Source: Eighth Amendment to the United States Constitution)

The state retains every right not delegated to federal government (influenced Tenth Amendment)

And the original Massachusetts Constitution says that “The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America in Congress assembled.” (Source: Part 1, Article 4) This influenced the United States Bill of Rights, which says that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (Source: Tenth Amendment to the United States Constitution)

John Adams, the principal author of the Constitution of Massachusetts

Conclusion: The Massachusetts Constitution influenced the federal Bill of Rights

Thus, the original Massachusetts Constitution had a great influence on the United States Bill of Rights. It also had a great influence upon the original United States Constitution, as I show in the previous post of this series.

Footnote to this blog post:

The original Massachusetts Constitution says that “All elections ought to be free; and all the inhabitants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments.” (Source: Part 1, Article 9) This would influence several of the voting rights amendments to the United States Constitution.

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Part of a series about the

U. S. Constitution