Massachusetts Quotes


No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.


Context

This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616749} for an even clearer statement of the separation of powers principle. The national legislatures in Europe had commonly declared people traitors and in many cases incarcerated or executed them. This clause, effectively presaged the national constitution of 1787 where the Congress was prohibited from trying people for treason or anything else except impearchment.


Citations

Massachusetts, Massachusetts Constitution, Article XVII, March 2, 1780

Sourced by: Eigen's Political and Historical Quotations

Linked Quotes

This clause was a throwback to the days before the separation of powers where the legislature could imprison anyone they thought contemptuous or interfering with their deliberation. Contrast this with the earlier constitution of Massachusetts which forbade the legislature from acting as a judge or prosecutor. See {616750} and {616749}. Also this was a clear invasion of freedom of the press and freedom of speech provided by the Bill of Rights. However, at the time, it was not clear that the Federal Constitution was binding on State Governments on State Matters. Modern law is still ambiguous on this general point, but not on freedom of speech and the press which is currently definitely binding on the states.


Related Quotes
Massachusetts
Massachusetts
  • Born:
  • Nationality:
  • Profession:

Massachusetts (/ˌmæsəˈtʃuːsɪts/ (listen), /-zɪts/), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the United States. It borders on the Atlantic Ocean to the east, Connecticut to the southwest and Rhode Island to the southeast, New Hampshire to the northeast, Vermont to the northwest, and New York to the west. The capital of Massachusetts is Boston, which is also the most populous city in New England. It is home to the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.