Sparks Commentary: The Constitution of Massachusetts influenced the national Constitution

“We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.”

– Preamble to the original Constitution of Massachusetts (ratified 1780), as written by John Adams

The Constitution of Massachusetts was originally written by John Adams …

In 1787, John Adams was serving as the American ambassador to Britain. Thus, he was not present at the (federal) Constitutional Convention, which was held that year. But he had more influence upon the federal Constitution than one might be tempted to conclude from this. This is because, eight years earlier, he had attended the Massachusetts Constitutional Convention held in 1779. Thus, he was the principal author of the Constitution of Massachusetts. This is among the oldest written constitutions to remain in effect today. It was also the first constitution anywhere in the world to be “created by a convention called for that purpose, rather than by a legislative body” (as one source puts it).

John Adams, the principal author of the Constitution of Massachusetts

… and remained unchanged until the 1820s, long after the founding era

This constitution remained unchanged until the Second Massachusetts Constitutional Convention. This latter convention was held from 1820 to 1821. At this time, the first nine amendments to the Massachusetts Constitution were all passed simultaneously. Thus, all of the amendments to that constitution were well after the founding era. I will be focusing here on how the Massachusetts Constitution influenced the federal Constitution. Thus, all of the amendments to the Massachusetts Constitution (even the very first one) are too late to be relevant to our present subject. Thus, I will be focusing here on the original text of the Massachusetts Constitution – as drafted in 1779, and presented and ratified in 1780. This will showcase the ideas of John Adams, and how they influenced our federal Constitution.

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

The Massachusetts Constitution has a section entitled “The Frame of Government”

The original Massachusetts Constitution has a section entitled “The Frame of Government” (Source: Part the Second). It begins by saying that “The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state by the name of ‘THE COMMONWEALTH OF MASSACHUSETTS’” (Source: Part the Second).

James Madison

James Madison admiringly quoted the document’s philosophy on separation of powers

James Madison must have admired the document’s separation of powers. In the Federalist Papers, Mr. Madison wrote that “The constitution of Massachusetts has observed a sufficient though less pointed caution, in expressing this fundamental article of liberty. It declares ‘that the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them.’ This declaration corresponds precisely with the doctrine of Montesquieu, as it has been explained, and is not in a single point violated by the plan of the convention.” (Source: Federalist No. 47) In the interest of time, Madison was thus forced to omit the last part of that same sentence from the Massachusetts Constitution. This last part – again, written by John Adams – said that this separation of powers was “to the end it may be a government of laws and not of men.” (Source: Part 1, Article 30)

Baron de Montesquieu, a French philosopher referenced above

A two-house legislature, elections, an executive veto, and an impeachment process

The original Massachusetts Constitution says that “The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a negative on the other.” (Source: Part 2, Article 1) This influenced the United States Constitution, which says that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” (Source: Article 1, Section 1) The original Massachusetts Constitution also includes legislative elections, executive elections, a law-making process with an executive veto, and a process of impeachment (as described in various sections of Part 2). It also contained a procedure by which the Massachusetts Constitution could be amended (Source: Part 2, Chapter 6, Article 10). These all influenced the United States Constitution, as did a number of the document’s legislative procedures. Unfortunately, time does not permit me to quote all of these provisions here; but interested readers are invited to examine their text here if they so choose.

Some degree of prohibitions on titles of nobility (albeit with one possible exception)

The original Massachusetts Constitution says that “No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.” (Source: Part 1, Article 6) This may have influenced the United States Constitution, which said that “No title of nobility shall be granted by the United States” (Source: Article 1, Section 9, Paragraph 8) However, there may be one exception to this. The original Massachusetts Constitution also says that “There shall be a supreme executive magistrate, who shall be styled, The Governor of the Commonwealth of Massachusetts; and whose title shall be -- His Excellency.” (Source: Part 2, Chapter 2, Article 1) Some have considered the title “His Excellency” to be a title of nobility, while others have disagreed. Either way, though, this clause created a separate executive branch, to preserve the separation of powers.

Constitution of the United States

Prohibitions on bills of attainder and ex post facto laws (using other phrases besides these)

The original Massachusetts Constitution says that “Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.” (Source: Part 1, Article 24) It further says that “No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.” (Source: Part 1, Article 25) This influenced the United States Constitution, which used some legal phrases to describe these same concepts. It simply says that “No bill of attainder or ex post facto law shall be passed.” (Source: Article 1, Section 9, Paragraph 3)

The privilege of the “writ of habeas corpus”

The original Massachusetts Constitution says that “The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth in the most free, easy, cheap, expeditious and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months.” (Source: Part 2, Chapter 6, Article 7) This influenced the United States Constitution, which said that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” (Source: Article 1, Section 9, Paragraph 2)

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

Limited support for religious freedom, with exceptions passed over Adams’ objections

But the original Massachusetts Constitution also influenced several amendments in the United States Bill of Rights. It had some limited support for religious freedom, although these protections were only extended to Christian sects. Specifically, the original Massachusetts Constitution says that “no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.” (Source: Part 1, Article 2) This influenced the United States Bill of Rights, which said that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (Source: First Amendment to the United States Constitution). However, the original Massachusetts Constitution did contain some other clauses that amount to an “establishment of religion.” (See Part 1, Article 3 for some of the details.) They also required the governor to declare himself to be of “the Christian religion” (Source: Part 2, Chapter 2, Article 2), and required others to do so as well (Source: Part 2, Chapter 6, Article 1). Even their religious freedom clause itself proclaimed “the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe.” (Source: Part 1, Article 2) Obviously, these other parts did not influence the United States Constitution. These provisions were actually inserted over the objections of John Adams, who later called for these parts to be amended. After his death, they were indeed amended in 1832, more than a decade after the first amendments to that constitution in the 1820s.

John Adams, the principal author of the Constitution of Massachusetts

Influence on other amendments in the federal Bill of Rights (as described in next post)

The Massachusetts Constitution also influenced other amendments in the United States Bill of Rights – and with fewer differences! But this may be a topic worthy of its own post, so I shall examine this in the next post of this series.

Footnote to this blog post:

The original Massachusetts Constitution says that “the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws.” (Source: Part 1, Article 29) This influenced the United States Constitution, which says that “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.” (Source: Article 3, Section 1) Both of these clauses created a separate judicial branch, to reinforce the separation of powers.

Alexander Hamilton later commented on this aspect of the (proposed) federal Constitution. Specifically, in the Federalist Papers, he wrote that “I have in another place remarked, that the convention, in the formation of this part of their plan, had departed from the model of the constitution of this State [New York], in favor of that of Massachusetts. Two strong reasons may be imagined for this preference. One is that the judges, who are to be the interpreters of the law, might receive an improper bias, from having given a previous opinion in their revisionary capacities; the other is that by being often associated with the Executive, they might be induced to embark too far in the political views of that magistrate, and thus a dangerous combination might by degrees be cemented between the executive and judiciary departments.” (Source: Federalist No. 73) Thus, he supported having the federal Constitution emulate the Massachusetts Constitution in this respect, to prevent these kinds of abuses.

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The Constitution of Massachusetts influenced the Bill of Rights

Part of a series about the

U. S. Constitution