Post Content

header4

Right of Self-Governance

Article 4 (1780)

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.

Precedents, Following Law, and Quotations

John Locke, Second Treatise of Government , Chapter 8, section 95 (1688):

“Men being, as has been said, by nature all free, equal, and independent, no one can be put out of this estate and subjected to the political power of another without his own consent, which is done by agreeing with other men, to join and unite into a community for their comfortable, safe, and peaceable living, one amongst another, in a secure enjoyment of their properties, and a greater security against any that are not of it.”

 

Constitution of Pennsylvania, “A Declaration of the Rights of the Inhabitants of the Commonwealth or State of Pennsylvania”, Section IV. September 28, 1776:

“That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.”

 

Tenth Amendment, United States Constitution, became law Dec. 15, 1791 when ratified by Virginia, the 10th state to approve the 10 Amendments to the U.S. Constitution, now known as the Bill of Rights.

“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.”

 

Written By:

Recent Posts

Real Estate Recording Fees to be Increased posted on Dec 10

Under Massachusetts General Laws chapter 44B section 8,  real property conveyance documents recorded at the Registry of Deeds are subject to a Community Preservation Act surcharge.  This law was amended by chapter 41 sections 29 and 30 of the Acts of 2019.  Effective December 31,   …Continue Reading Real Estate Recording Fees to be Increased

Portraits in Massachusetts Law: Lucy Stone posted on Nov 13

Portraits in Massachusetts Law: Lucy Stone

Portraits in Massachusetts Law is a regular feature of Massachusetts Law Updates. These pages provide links to biographical information abut people who have been particularly important in legal history in Massachusetts, as our government took shape in the cauldron of the American Revolution and grew and changed throughout   …Continue Reading Portraits in Massachusetts Law: Lucy Stone

Word(s) of the month – suffrage posted on Nov 1

Word(s) of the month - suffrage

Words of law is a regular feature of Massachusetts Law Updates, highlighting a particular word or phrase and its meaning in law. Today’s word is suffrage. suffrage (sәf-rji). (14c) 1. the right or privilege of casting a vote at a public election. – Also termed right to vote.   …Continue Reading Word(s) of the month – suffrage