Massachusetts Constitution, Articles 10. Due process
Massachusetts Constitution – Article X (10): Due Process
(From the Declaration of Rights)
📜 Full Text of Article X (Massachusetts Declaration of Rights):
"Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people.
In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent.
And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor."
🔍 Summary and Due Process Connection:
Article X is a foundational due process clause in the Massachusetts Constitution. It establishes:
Right to Life, Liberty, and Property:
Each person is entitled to protection of their life, liberty, and property under established (standing) laws.
Consent and Representation:
No one’s property can be justly taken or used for public purposes without:
The owner’s consent, or
The consent of their elected representatives.
Just Compensation (Takings Clause):
If private property is taken for public use (i.e., eminent domain), the owner is guaranteed “reasonable compensation.”
Popular Sovereignty and Rule of Law:
The people are only bound by laws enacted through proper constitutional procedures, reinforcing limited government.
⚖️ Due Process Principles Reflected:
Substantive Due Process: Protection from arbitrary government action affecting life, liberty, or property.
Procedural Due Process: Requires lawful procedures (like representation and compensation) before property can be taken.
Takings Clause Parallel: Mirrors the Fifth Amendment to the U.S. Constitution.
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