From January 1, 2019 through January 30, 2019, Massachusetts Law Updates presented a daily series of blog posts showcasing the thirty Articles in the Declaration of Rights in the Massachusetts Constitution. Below, please find an index hyperlinked to those blog posts. Introduction Article 1 –   …Continue Reading Massachusetts Declaration of Rights – 30 Articles – Index

Three Branches of Government, Rule of Law In the government of this commonwealth, 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   …Continue Reading Massachusetts Declaration of Rights – Article 30

On the Necessity of Impartial Administration of Justice Article 29 It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right   …Continue Reading Massachusetts Declaration of Rights – Article 29

Limitations to Marital Law Article 28 (1780) No person can in any case be subject to law-martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by   …Continue Reading Massachusetts Declaration of Rights – Article 28

Quartering of Soldiers Article 27 (1780) 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   …Continue Reading Massachusetts Declaration of Rights – Article 27

Cruel or Unusual Punishment Article 26 (1780) No magistrate or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. Article of Amendment, Article 116 (1982) Article 26 of part 1 of the Constitution of the Commonwealth is   …Continue Reading Massachusetts Declaration of Rights – Article 26

Treason and Limitations on the Legislative Branch Article 25 (1780) No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. Precedents, Following Law, and Quotations Article 3, Section 3, , U.S. Constitution (1789): “Treason   …Continue Reading Massachusetts Declaration of Rights – Article 25

Ex Post Facto laws Article 24 (1780) 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. Precedents, Following   …Continue Reading Massachusetts Declaration of Rights – Article 24

No Taxation without Representation Article 23 (1780) No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. Precedents, Following Law, and Quotations English Bill   …Continue Reading Massachusetts Declaration of Rights – Article 23

Legislative Body to Meet Frequently The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require. Precedents English Bill of Rights (1689): [T]hat for redress of all   …Continue Reading Massachusetts Declaration of Rights – Article 22