How are the listed rights different in Massachusetts than in the US constitution?

1 answer

Massachusetts has its own constitution, which predates the United States Constitution. While both documents share many common rights and principles, there are some differences between the two. Here are a few:

1. Education: The Massachusetts Constitution explicitly guarantees the right to education, enshrining the principle that the state has a duty to promote and provide for public schools. The U.S. Constitution does not contain any specific provisions regarding education.

2. Equality: The Massachusetts Constitution explicitly prohibits discrimination on the basis of race, color, or creed. The Equal Protection Clause in the U.S. Constitution's Fourteenth Amendment offers similar protections, but the Massachusetts Constitution's language is more explicit in its reference to specific forms of discrimination.

3. Freedom of speech: The Massachusetts Constitution guarantees freedom of speech, but its language is different from the U.S. Constitution’s First Amendment. While both documents protect this right, the Massachusetts Constitution more specifically allows for the "liberty of the press" and the "free communication of thoughts and opinions," whereas the U.S. Constitution broadly protects "the freedom of speech."

4. Religious freedom: Both the Massachusetts and U.S. Constitutions guarantee religious freedom, but they approach it differently. The Massachusetts Constitution provides for the "freedom of worship," but it also requires citizens to financially support the religious institutions designated by the state government. The U.S. Constitution's First Amendment explicitly prohibits Congress from making any law "respecting an establishment of religion, or prohibiting the free exercise thereof."

5. Right to bear arms: The Massachusetts Constitution contains a provision safeguarding the right to bear arms, but its language differs from the U.S. Constitution's Second Amendment. The Massachusetts Constitution focuses on citizens' rights to defend themselves, whereas the Second Amendment ties the right to bear arms to the need for a well-regulated militia.

6. Cruel and unusual punishments: The Massachusetts Constitution provides that "cruel or unusual punishments" shall not be inflicted, whereas the U.S. Constitution's Eighth Amendment prohibits "cruel and unusual punishments." The slight difference in language could lead to different interpretations of what constitutes an unconstitutional punishment.

These differences reflect the specific historical context and values of Massachusetts at the time of the state's constitution's drafting. However, both the Massachusetts and U.S. Constitutions ultimately share a commitment to protecting the rights and freedoms of their citizens.