What is the role of the Massachusetts Attorney General?
The Massachusetts Attorney General is an elected constitutionally defined executive officer of the Massachusetts Government.The officeholder is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.The officeholder also acts as an advocate and resource for the Commonwealth and its residents in many areas, including consumer protection, …
What came before the Massachusetts Constitution of 1780?
2019. 2021. v. t. e. The 2022 Massachusetts Attorney General election will take place on November 8, 2022, to elect the Attorney General of Massachusetts. Incumbent Democratic Attorney General Maura Healey is eligible to seek a third …
What laws were passed during the colonial era in Massachusetts?
Learn about the power of attorney. A power of attorney document allows someone that you select (your “attorney-in-fact” or “agent”) to act on your behalf in financial matters. It is common for a deploying servicemember to sign a power of attorney document that assigns a family member or friend as servicemember's attorney-in-fact. When a ...
When did the Massachusetts Office of Secretary of state reestablish?
The Attorney General properly certified an initiative petition proposing to restrict the use of corporate funds to support or oppose a ballot question, where it was not reasonably clear on the record presented to the Attorney General that there could not be a compelling State interest in the imposition of a restriction on the use of corporate ...
What is the Massachusetts Declaration of Rights?
The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.
What does the Massachusetts Constitution of 1780 demonstrate?
What does the Massachusetts constitution of 1780 demonstrate when it declared that "the legislative department shall never exercise the executive and judicial powers, or either of them?" Separation of powers.
What was unique about the Massachusetts Constitution?
It was also the first constitution anywhere to be created by a convention called for that purpose rather than by a legislative body. ... The Massachusetts Constitution was written last of the original states' first constitutions.
When did Massachusetts legalize slavery?
In 1780, when the Massachusetts Constitution went into effect, slavery was legal in the Commonwealth.
What did the first ten amendments to the Constitution became known as in 1791?
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."
What are the six basic principles of the Constitution?
The Six Big Ideas are:limited government.republicanism.checks and balances.federalism.separation of powers.popular sovereignty.Oct 13, 2020
When was the Massachusetts Declaration of Rights written?
The Massachusetts Declaration of Rights and Constitution was adopted by a convention March 2, 1780 and approved by the votes of the people June 15, 1780. It was the first state constitution to be ratified by the people directly rather than by the people's representatives.
What are the 4 things unique about Massachusetts Constitution?
The Massachusetts Constitution is often referred to as the oldest state constitution in continuous effect. The Massachusetts Constitution contains four parts: a preamble, a declaration of rights, a description of the framework of government in six chapters and articles of amendment.
What made the Massachusetts Constitution different?
0:001:55What Made the Massachusetts Constitution Different? - YouTubeYouTubeStart of suggested clipEnd of suggested clipIt created a strong system of separation of powers and checks and balances it gave the governorMoreIt created a strong system of separation of powers and checks and balances it gave the governor effective checks on the power of the legislature.
What is Massachusetts colony known for?
One of the original 13 colonies and one of the six New England states, Massachusetts (officially called a commonwealth) is known for being the landing place of the Mayflower and the Pilgrims. ... The chocolate chip cookie was reportedly invented in 1930 at the Toll House Restaurant in Whitman, Massachusetts.Aug 21, 2018
What did the law say about slavery in Massachusetts?
The Massachusetts Supreme Court decisions in Walker v. Jennison and Commonwealth v. Jennison established the basis for ending slavery in Massachusetts on constitutional grounds, but no law or amendment to the state constitution was passed. Instead slavery gradually ended "voluntarily" in the state over the next decade.
Was Massachusetts a free state?
Organized political and social movements to end slavery began in the mid-18th century. ... Five of the Northern self-declared states adopted policies to at least gradually abolish slavery: Pennsylvania in 1780, New Hampshire and Massachusetts in 1783, and Connecticut and Rhode Island in 1784.
What was the Massachusetts Constitution?
As discussed in the section of this website entitled John Adams and the Massachusetts Constitution, the Constitution of 1780 was preceded by a constitution drafted by the legislature and rejected by the voters in 1778 . The constitution proposed in 1778 would have recognized slavery as a legal institution, and excluded free African Americans ...
What did Sedgwick argue about the Massachusetts Constitution?
When the case was tried in August 1781 before the County Court of Common Pleas in Great Barrington, Sedgwick argued that the Massachusetts Constitution had outlawed slavery. The jury determined that Brom and Bett were not Ashley's property. The court set Bett and Brom free and awarded them 30 shillings damages.
Why was the Mum Bett case unique?
Ashley, often referred to as the Mum Bett or Elizabeth Freeman case , was unique because it occurred less than one year after the adoption of the Massachusetts Constitution and because , in contrast to prior freedom suits, there was no claim that John Ashley, the slave owner, had violated a specific law.
What was the purpose of the Cushing case?
This case - actually a series of three cases -- began as a freedom suit based on a promise of freedom or manumission, but resulted in a sweeping declaration by Supreme Judicial Court Chief Justice William Cushing that the institution of slavery was incompatible with the principles of liberty and legal equality articulated in the new Massachusetts Constitution.
What is the literature regarding the development and abolition of slavery in Massachusetts and other northern states?
1. Literature regarding the development and abolition of slavery in Massachusetts and other northern states is vast and complex. This section is intended to provide basic information to students and educators, so that a context is provided for the legal cases. www.slavenorth.com provides a brief overview. Noted books on this subject include Joanne Pope Melish, Disowning Slavery: Gradual Emancipation and Race in New England, 1780 - 1860 (2000) and Arthur Zilversmit, First Emancipation: The Abolition of Slavery in the North (1967).
What books did Joanne Pope Melish write?
Noted books on this subject include Joanne Pope Melish, Disowning Slavery: Gradual Emancipation and Race in New England, 1780 - 1860 (2000) and Arthur Zilversmit, First Emancipation: The Abolition of Slavery in the North (1967). 2.
When did the Berkshire Court of Common Pleas order the release of Bett and Brom?
Procedurally, the case began in May 1781 when the attorneys for Bett and Brom obtained a writ of replevin, an action for the recovery of property, from the Berkshire Court of Common Pleas. The write ordered Ashley to release Bett and Brom to the Sheriff because they were not Ashley's legitimate property.
What is a power of attorney?
A power of attorney document allows someone that you select (your “attorney-in-fact” or “agent”) to act on your behalf in financial matters.
What does it mean when someone is your attorney in fact?
When a person acts as your attorney-in-fact, that person can do financial business as though he or she is you. For example, your attorney-in-fact might buy a car or house in your name or might withdraw money from your bank accounts.
How does an attorney in fact affect your future?
The decisions your attorney-in-fact make on your behalf can affect your financial future, including your eligibility for employment, housing, and credit. It can also affect your military career, including your eligibility for security clearance.
Can you revoke a power of attorney?
Revoking the power of attorney. When you no longer need an attorney-in-fact, for example, after returning from deployment, you can revoke the power of attorney.
What is the case in Attorney General v. Facebook?
SJC-12496 (March 24, 2021), [i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to internal investigations. At issue was the Massachusetts Attorney General’s request to obtain documents Facebook collected and created during its expansive internal investigation in the wake of the 2018 Cambridge Analytica scandal.
Does work product doctrine protect discovery documents?
Although the work product doctrine shields from discovery documents prepared “in anticipation of litigation,” the Court made clear that: (1) there does not need to be any litigation pending when the document was created so long as it was prepared with “the prospect of litigation in mind”; and (2) the threat of litigation does not need to be the only, or even primary, motivation for creating the document for it to be protected– although it must be a necessary reason.
How many seats did Massachusetts have in the House of Representatives in 1990?
In the apportionment following the 1990 census, it received only 10 of the 435 seats in the House of Representatives whereas formerly it had 11.
What is the merits of the appellees' argument?
On the merits, appellees argue that the Secretary's allocation of overseas federal employees to the States violated the command of Article I, § 2, cl. 3, that the number of Representatives per State be determined by an "actual Enumeration" of "their respective Numbers," that is , a count of the persons "in" each State. Appellees point out that the first census conducted in 1790 required that persons be allocated to their place of "usual residence." Brief for Appellees 77. See Act of Mar. 1, 1790, § 5, 1 Stat. 103. Because the interpretations of the Constitution by the First Congress are persuasive,
What is the meaning of Article I, 2?
Article I, § 2, cl. 3, of the Constitution provides that Representatives "shall be apportioned among the several States. . . according to their respective Numbers," which requires, by virtue of § 2 of the Fourteenth Amendment, "counting the whole number of persons in each State." The number of persons in each State is to be calculated by "actual Enumeration," conducted every 10 years, "in such Manner as [Congress] shall by Law direct." U. S. Const., Art. I, § 2, cl. 3.
Which amendment requires a census to be taken every 10 years?
Article I, § 2, cl. 3, of the Constitution , as modified by the Fourteenth Amendment, provides that Members of the House of Representatives "shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State . . . ." To ensure that the apportionment remains representative of the current population, the Constitution further requires that a census be taken at least every 10 years. 1
Effects
As the rhetoric supporting independence of the colonists from Great Britain intensified in the colony of Massachusetts, some noted the glaring inconsistency of arguing for the rights of Englishmen while owning slaves. For example, James Otis, a leading proponent of colonial independence, wrote in a highly regarded and influ…
Background
- Slaves too were active in seeking the end of slavery in Massachusetts. For example, in 1773, a group of slaves petitioned the General Court (legislature) to end slavery, and directly tied their search for liberty to the colonists' struggles with Great Britain. As discussed in the section of this website entitled John Adams and the Massachusetts Constitution, the Constitution of 1780 wa…
Other activities
- In early January, 1773, Ashley became moderator of a committee of eleven local citizens, including attorney Theodore Sedgwick, that wrote a document known as the Sheffield Declaration.
Facts
- When the case was tried in August 1781 before the County Court of Common Pleas in Great Barrington, Sedgwick argued that the Massachusetts Constitution had outlawed slavery. The jury determined that Brom and Bett were not Ashley's property. The court set Bett and Brom free and awarded them 30 shillings damages.
Significance
- Ashley appealed to the Supreme Judicial Court but abandoned his appeal several months later. The timing of his decision suggests that Ashley may have determined that an appeal was futile following the first ruling of the Supreme Judicial Court in the Quock Walker case (see below). The Caldwell brothers prevailed in their appeal to the State's high court. Reports of this trial reflect th…
Later life
- Though little is known of Brom's later years, the remainder of Mum Bett's life is well known. Mum Bett worked for many years as a beloved domestic servant in the household of Theodore Sedgwick.
Death
- Upon her death in 1829, Mum Bett was buried in the Sedgwick family plot in Stockbridge. Her gravestone includes the words: \"She was born a slave and remained a slave for nearly thirty years. She could neither read nor write, yet in her own sphere she had no superior or equal.\" Her tombstone stands in the innermost circle of what is known as the \"Sedgwick Pie.\"
Career
- Theodore Sedgwick had an illustrious legal career, and served an Associate Justice of the Supreme Judicial Court from 1802 - 1813.
Legacy
- Sedgwick \"Pie\" in Stockbridge, Massachusetts. The graves of Theodore Sedgwick and his wife, Pamela Sedgwick, are in the center.
Early history
- Quock Walker, a slave, was purchased as an infant by James Caldwell in 1754. In 1763, Caldwell died and his widow married Nathaniel Jennison. Walker became the property of Jennison, who resided in the central Massachusetts town of Barre. In 1781, at the age of 28, Walker fled to the home of Caldwell's sons. Jennison recaptured, beat, and re-enslaved Quock Walker. Three court …
Trial
- In the first case, Walker, with the assistance of leading Worcester County attorneys Levi Lincoln and Caleb Strong, sued Jennison for assault and battery; Walker claimed he had been injured without right, as James Caldwell, his first master, had promised Walker freedom by age 25. This case was tried before a jury in the Worcester County Court of Common Pleas. The jury found \"th…
Aftermath
- The following year, in June 1782, Jennison petitioned the General Court (the official name of the Massachusetts legislature) for reinstatement of the case he had lost by default ten months earlier. The legislature took no action. Meanwhile, in what became the third Quock Walker case, the Attorney General prosecuted Jennison for criminal assault and battery upon Quock Walker. J…
Issue
- In his charge to the jury, Supreme Judicial Court Chief Justice William Cushing announced that slavery was incompatible with the new Massachusetts Constitution:
Quotes
- . . . [T]hese sentiments [that are favorable to the natural rights of mankind] led the framers of our constitution of government - by which the people of this commonwealth have solemnly bound themselves to each other - to declare - that all men are born free and equal; and that every subject is entitled to liberty, and to have it guarded by the laws as well as his life and property. In short, …
Resources
- Footnotes 1. Literature regarding the development and abolition of slavery in Massachusetts and other northern states is vast and complex. This section is intended to provide basic information to students and educators, so that a context is provided for the legal cases. www.slavenorth.com provides a brief overview. Noted books on this subject include Joanne Pope Melish, Disowning S…
Introduction
- 2. Thus, the Supreme Judicial Court relied on a brand new state constitution and the emerging principle of judicial review twenty years before the United States Supreme Court articulated this principle in Marbury v. Madison, 5 U.S. 137 (1803).
Publications
- 5. James Otis, The Rights of the British Colonies Asserted and Proved (1764), available at www.teachingamericanhistory.org.
Other sources
- 8. See Elaine MacEachern, Emancipation of Slavery in Massachusetts: A Reexamination 1770 - 1790, 55 The Journal of Negro History 289 (1970); Zilversmit, supra note 1, at 103 - 105. 9. See Emily Blanck, Seventeen Eighty-Three: The Turning Point in the Law of Slavery and Freedom in Massachusetts, 65 The New England Quarterly 24, 27-28 (2002) (listing all documented freedo…
The Attorney-Client Privilege.
- In its ruling, the Court reiterated that "[a] construction of the attorney-client privilege that would leave internal investigations wide open to third-party invasion would effectively penalize an institution for attempting to conform its operations to legal requirements by seeking the advice of knowledgeable and informed counsel." It highlighted the distinction between attorney-client com…
The Work Product Doctrine.
- Although the work product doctrine shields from discovery documents prepared “in anticipation of litigation,” the Court made clear that: (1) there does not need to be any litigation pending when the document was created so long as it was prepared with “the prospect of litigation in mind”; and (2) the threat of litigation does not need to be the only, or even primary, motivation for creating the d…
Lessons Learned.
- At least three lessons that may be gleaned from the Facebookdecision concerning applicability of the attorney-client privilege and the work product doctrine to internal investigations: 1. The attorney-client privilege protects communications between an attorney and client, and not the underlying facts, even when those facts are contained in such communications. Even if informat…
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