Cecily Zamora
The process of creating laws in Massachusetts involves the state legislature, the governor, and citizens. The Massachusetts Constitution, which is the oldest state constitution in the US, forms the basis of the state's legal system. The General Laws of Massachusetts are the codified laws of the state, published every two years. Citizens can propose amendments to the constitution, which are then submitted to the state legislature if they meet certain requirements. The state legislature, consisting of the House and Senate, can file legislation, including bills proposed by citizens. The governor also plays a crucial role, as they can sign or veto bills passed by the legislature. Massachusetts residents are subject to both state laws and US federal laws, with the latter including the US Constitution, federal statutes, court decisions, and regulations issued by federal agencies.
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What You'll Learn
The role of the Governor
The Governor of Massachusetts is the head of the executive branch and the highest state office in Massachusetts. The governor is elected every four years and is not subject to any term limits. The current governor, Maura Healey, assumed office in 2023 after winning the gubernatorial election in November 2022.
The governor acts as the head of government and has a distinct role from that of the legislative branch. They have far-reaching political obligations, including ceremonial and political duties. The governor also signs bills into law and has veto power. They are also the commander-in-chief of the state's militia, which they may assemble for training, parades, and military functions. Within legal parameters, the governor may advise on the organisation and regulation of the militia.
The governor can also make appointments, including those of notaries public and judicial officers. If the legislature is in recess when an appointed office becomes vacant, the governor may make a vacancy appointment.
The governor is a member of the Massachusetts Governor's Council, an elected council with eight members who advise and consent on certain legal matters and appointments. The governor can also designate an act as an emergency, in which case the law takes effect when the governor's letter of emergency is received by the Secretary of State.
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The role of the Legislature
The Massachusetts Constitution is the oldest state constitution in the US, having come into effect in 1780 during the American Revolution. It is the foremost source of state law and is subordinate to the US Constitution. The Massachusetts Constitution allows for citizens to propose amendments, which are then submitted to the state legislature if certain requirements are met.
The Massachusetts Legislature, or General Court, is the department of legislation and is formed by two branches: the Senate and the House of Representatives. Each branch has a negative on the other, and the legislative body assembles at least once a year, on the last Wednesday in May. The Legislature's role is to consider and act upon reports of committees, messages from the Governor, petitions, orders, enactments, papers from the other branch, matters in the Orders of the Day, and any other issues where public debate occurs.
Legislation may be filed by members of the House and Senate and by the Governor. The annual general appropriation act, which originates in the Governor's office, is filed in the House, which considers it first. "Money bills," which raise revenue, cannot be considered by the Senate until approved by the House. With those exceptions, any other legislation may be considered first by either branch.
Once a bill is passed by the Legislature, it is sent to the Governor for signature. The Governor may sign the bill, veto it, or choose not to sign it but let it become law anyway. If the Governor vetoes the bill, it is returned to the General Court with the reasons for the veto, and the Legislature may override the veto by a two-thirds vote in both chambers. If the Governor does not sign the bill but also does not veto it within ten days while the Legislature is in session, the bill becomes law without the Governor's signature. If the Legislature is not in session, the bill becomes law only if the Governor signs it.
The Legislature may also receive bills from the Governor with recommendations for changes. The Legislature can consider these recommendations, but it may return the bill without agreeing to the proposed changes. If the Legislature does not act on the Governor's proposed amendments, the bill does not become law.
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How a bill becomes a law
In Massachusetts, residents are subject to both state and US federal laws. The Massachusetts Constitution is the oldest state constitution in the US, having come into effect in 1780 during the American Revolution. The Massachusetts General Laws contain the laws passed by the Massachusetts legislature.
In terms of how a bill becomes a law in Massachusetts, legislation may be filed by members of the House and Senate and by the Governor. The state constitution also allows citizens to ask their legislators to present bills "by request" (these bills do not necessarily have the support of the legislators who file them). The annual general appropriation act, which originates in the Governor's office, is filed in the House, which considers it first. "Money bills," which raise revenue, cannot be considered by the Senate until approved by the House. With those exceptions, any other legislation may be considered first by either branch.
Once a bill has been filed, the Governor has several options: they can sign the bill, veto it, or let it become law without their signature. If the bill is signed, it becomes law after 90 days, unless it contains an emergency preamble, in which case it becomes law immediately, or if the bill includes a specific effective date. If the bill is vetoed, it is returned to the General Court with the Governor's reasons for the veto. The legislature may then reconsider the bill and can override the veto by a two-thirds vote in both chambers. If the bill is neither signed nor vetoed, the Governor may choose to let it become law anyway. This occurs if they hold the bill for ten days during which time the legislature is in session. If the ten-day period occurs when the Legislature has concluded its session, the bill becomes law only if the Governor signs it (known as the "pocket veto").
The Governor may also return the bill to the General Court with recommendations for changes, which opens the bill to any additional amendments offered by members. The Legislature can consider the recommendation but may return the bill without agreeing to the proposed changes. If so, the Governor must sign the bill as is, veto it, or let it become law without their signature. If the Legislature does not act on the Governor's proposed amendments, the bill does not become law.
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The General Court
The earliest history of the General Court dates back to the original charter of 1629, when the Massachusetts Bay Colony was a royally chartered joint-stock company founded in London. The first General Court was a meeting of shareholders, known as "freemen". The "Great and General Court" was to meet in London and elect its officers and members, just like other colonial-chartered companies of the time.
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The Constitution of Massachusetts
The Massachusetts Constitution is among the oldest functioning written constitutions in continuous effect in the world. It is predated only by the 1777 Constitution of Vermont and by sections of the Constitution of San Marino and the Magna Carta. It was also the first constitution in history to be created by a convention called for that purpose, rather than by a legislative body.
The constitution consists of a preamble, a declaration of rights, a description of the principles and framework of government, and articles of amendment. It is structured with chapters, sections, and articles, as opposed to being a list of provisions. It served as a model for the US Constitution, which took effect nine years later.
Article XLVIII of the Massachusetts Constitution provides the process of amending the document. Amendments may occur only through indirect initiatives, meaning citizens propose an amendment, which will be submitted to the state legislature if the petition meets the threshold requirements. The amendment is placed on a ballot if the legislature approves it.
The constitution includes provisions for the separation of powers and a statement of individual rights. It also includes provisions for the executive power, with a Supreme Executive Magistrate, known as the Governor of the Commonwealth of Massachusetts, chosen annually.
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Frequently asked questions
The Massachusetts Legislature and the Governor of Massachusetts create laws in Massachusetts.
The Massachusetts Legislature is the General Court of the Commonwealth of Massachusetts. It is made up of the House and the Senate.
A bill may be filed by members of the House and Senate, or by the Governor. If each chamber of the Legislature passes the bill, it is sent to the Governor for review. The Governor may sign the bill into law, veto it, or take no action, in which case the bill usually becomes law. If the Governor vetoes the bill, it will be returned to the Legislature, which can override the veto with a two-thirds majority vote in each chamber.
The Massachusetts Constitution is the oldest state constitution in the U.S., having taken effect in 1780 during the American Revolution. It includes a process for amending the Constitution, which can only be done through indirect initiatives proposed by citizens.
The Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court interpret the laws passed by the Legislature and the provisions of the Massachusetts Constitution. The federal Massachusetts District Court also issues decisions that affect Massachusetts residents, which can be reviewed by the First Circuit Court of Appeals and, in some cases, the U.S. Supreme Court.
