Constitution of Massachusetts
41
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20
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Search complete. 41 mentions across 20 episodes found for "Constitution of Massachusetts".
Sep 8, 2026
Howie CarrHOST
So I guess, you know, again, there were no charges pending against Fauci or Jim Biden, the president's brother, when he issued preemptive pardons to them.
Howie CarrHOST
I guess she's saying there are no preemptive pardons under Massachusetts law or the Massachusetts Constitution.
Howie CarrHOST
844-500-4242.
Howie CarrHOST
Paul, the UPS guy says, I'm surprised Reddington didn't say she was proficient at the use of exercise equipment.
Lauren MatthiasHOST
Under Massachusetts law, a juror's refusal to follow the law is always personal and not a matter of protected deliberative privilege and requires removal.
Lauren MatthiasHOST
Here, the removal is particularly important because the jurors' reasonable reasoning reflects a bias against those who suffer from debilitating mental illness, a protected category under both the Fifth and Fourteenth Amendments and Article 114 of the Massachusetts Constitution.
Lauren MatthiasHOST
This court has general superintendence of all court of inferior jurisdiction to correct and prevent errors and abuses therein if no other remedy is expressly provided, and it may issue all writs and processes to such courts, to corporations and individuals which may be necessary to the furtherance of justice.
Lauren MatthiasHOST
and to the regular execution of the laws.
Mark David HallGUEST
Massachusetts, by this time, embraced a pretty nice, robust understanding of religious liberty as well.
Mark David HallGUEST
Note how that Virginia Declaration of Rights in this Article 2 of the Massachusetts Constitution, these are not secular Enlightenment documents.
Mark David HallGUEST
They're grounded on the duty which we owe to our Creator.
Mark David HallGUEST
It is a right as well as a duty of all men in society, publicly and as stated reasons, to worship the supreme being and the great creator and preserver of the universe, and no subject shall be hurt, molested, restrained in his person, liberty, or state for worshiping God in the manner and season most agreeable to the dictates of his own conscience or for his religious profession or sentiments, provided he doth not disturb the public peace or obstruct the religious liberty of others." So we're moving to a point of recognition that all Americans must have the ability to freely exercise their religion.
Andrea Picciotti-BearGUEST
So there's a lot to unpack there, but it really does basically pave the way for challenges to virtually any kind of statue or plaque or anything that has both a secular and a religious significance.
Andrea Picciotti-BearGUEST
if you follow the reasoning of the Supreme Judicial Court of Massachusetts.
Marcus PeterHOST
I know as far as I've read reported, this is a Massachusetts constitutional case.
Marcus PeterHOST
How much does the First Amendment Establishment Clause factor into this?
Andrea Picciotti-BearGUEST
You know, that's a great question because there weren't claims of a First Amendment issue, right? It was based on violation of the state law.
Edward LarsonGUEST
One particular enslaved back known then as Mum Bat, but later Elizabeth Friedman, she takes that name.
Edward LarsonGUEST
When she first hears the Massachusetts Constitution, she goes off and goes to court and demands her freedom and gets it.
Edward LarsonGUEST
Now, New Hampshire follows this approach, and they abolish slavery.
Edward LarsonGUEST
They put that language in their Constitution.
Edward LarsonGUEST
One particular enslaved back known then as Mum Bat, but later Elizabeth Friedman, she takes that name.
Edward LarsonGUEST
When she first hears the Massachusetts Constitution, she goes off and goes to court and demands her freedom and gets it.
Edward LarsonGUEST
Now, New Hampshire follows this approach, and they abolish slavery.
Edward LarsonGUEST
They put that language in their Constitution.
Matt GaetzHOST
Massachusetts under a rule of a court like this?
Lewis Murray Jr.GUEST
What's amazing, Matt, is that the Massachusetts Constitution, which these Supreme Court justices of Massachusetts are interpreting, is a precursor to the U.S. Constitution and written by the great Christian John Adams.
Lewis Murray Jr.GUEST
And so we're scratching our heads too, but the National Fraternal Order of Police, local police unions, local firefighter unions, local EMT unions have all made the same point that you and I are
speaker_7ADVERTISER
making,
Colleen McMahonNARRATOR
And yet this list includes the vote on biennial elections, which was debated and discussed everywhere for many weeks.
Colleen McMahonNARRATOR
Table Popular votes upon articles of amendment to the Constitution of Massachusetts On November 4, 1890, two amendments were voted on.
Colleen McMahonNARRATOR
First, change of residence in the state not to disqualify a voter for certain offices for six months.
Colleen McMahonNARRATOR
The amendment vote was 97,177 yes, 44,686 no, for a total of 141,863.
2 HRS 14 MINS LATER
Annie RoeNARRATOR
The rest of the work in 1787 was the establishment and declaration of certain fundamental principles upon which free government was to rest.
Annie RoeNARRATOR
In the Constitution itself, the makers acted on the principle that the three great branches of government, the legislative, the executive, and the judicial, should be equal, independent, and coordinate.
Annie RoeNARRATOR
Their action carried out in practice the fundamental principle of free government as I conceive it, which is expressed in the Constitution of Massachusetts in specific words.
Annie RoeNARRATOR
Let me quote those words to you, for they are, as I believe, a very great and noble declaration.
Kevin ReddingtonSOUNDBITE_SPEAKER
I know the court is very familiar with Cromwell versus Gould.
Kevin ReddingtonSOUNDBITE_SPEAKER
I believe it's 306.72, a Supreme Court decision, Paterson versus New York, that talks about evidence of a defendant's emotional or intellectual or mental state of mind that does not rise to the level of lack of criminal responsibility, but it could certainly rise to the level of extreme emotional disturbance, that that would be manslaughter, not murder, and that would be inconsistent with the United States Constitution as well as the Massachusetts Constitution, because in addition to Cromwell versus Gould, We have case law, as I'm sure I know everyone is aware, that talks about diminished capacity.
Kevin ReddingtonSOUNDBITE_SPEAKER
It talks about mental disease or defect.
Kevin ReddingtonSOUNDBITE_SPEAKER
If, in fact, there's evidence of a mental disease or defect, mental impairment, but it does not rise to the level of lack of criminal responsibility, then under all of those cases I just cited, plus Garabedian at 399 Mass 34, as well as my case of Thomas Toulon, 49698, you can have evidence of mental disease as the effect that there's not rise to the level of lack of criminal responsibility, but it would mitigate or reduce from the ability of the person to know that what they're doing is in fact cruel and atrocious, to know what they're doing does constitute premeditated malice aforethought.
Annie Laurie GaylorHOST
Well, may I say, duh.
Dan BarkerHOST
[laughs] And that the primary effect of those statues would be to advance a religious message violating the Massachusetts Constitution's requirement of government neutrality toward religion.
Dan BarkerHOST
The case will now continue in Superior Court while the injunction remains in effect.
Annie Laurie GaylorHOST
So prayer walks have been taking up some of our legal staff time lately, and we had, we have two victories to celebrate, canceling school-sponsored Christian prayer walks at public schools in Oklahoma and Georgia.
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