Massachusetts Constitution, Articles 5. Right to property
Here is an overview of Article V of the Massachusetts Declaration of Rights, which addresses the Right to Property:
🔹 Massachusetts Constitution – Declaration of Rights – Article V
Text of Article V:
"All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them."
🔍 Explanation:
Although Article V does not explicitly mention "right to property", it is foundational in affirming that:
Government officials are agents of the people, not rulers over them.
All government authority originates from the consent of the governed.
Public officials must remain accountable to the people.
This article sets the philosophical groundwork for individual rights, including property rights, which are more explicitly referenced in other parts of the Massachusetts Constitution, particularly:
🏛️ Additional Property-Related Provisions in the Massachusetts Constitution:
Article X – Property Rights (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...”
This is the article that explicitly guarantees the right to property and protection against unjust takings.
Article XLVIII (Amendments) – Initiative Petitions Limits
Limits citizen initiatives that would concern the taking of property without compensation.
✅ Summary:
Article V affirms democratic accountability and people's sovereignty.
Article X provides the core protection of property rights in Massachusetts.
The Massachusetts Constitution ensures that no one may be deprived of property without due process and just compensation, aligning with broader constitutional protections.
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