Massachusetts Constitution, Articles 30. Separation of powers
Massachusetts Constitution – Article XXX (Article 30 of the Declaration of Rights): Separation of Powers
📜 Full Text of Article XXX:
“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 never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.”
🔎 Explanation:
This article is one of the most famous and foundational principles in the Massachusetts Constitution, and indeed in American constitutional law.
🔹 Core Principle:
It clearly establishes the doctrine of separation of powers among the three branches of government:
Legislative (makes laws)
Executive (enforces laws)
Judicial (interprets laws)
🔹 Purpose:
To prevent tyranny and abuse of power by ensuring that no branch oversteps its authority.
To create a system of checks and balances that holds each branch accountable.
Ends with the phrase: "a government of laws and not of men," emphasizing the rule of law over personal authority or arbitrary rule.
🏛️ Legacy and Influence:
Written by John Adams in 1780, this article predates and influenced the U.S. Constitution.
The phrase "a government of laws and not of men" is widely quoted as a foundational expression of American democracy and constitutionalism.
✅ Key Takeaways:
Article 30 firmly entrenches separation of powers in Massachusetts governance.
It remains a cornerstone of legal interpretation and constitutional doctrine both in Massachusetts and across the United States.
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