COURSE DESCRIPTION 2012 2013

Massachusetts Constitution: Law and Procedure

Hon. Kenneth King,

2 credits day; 2 credits evening.

This seminar will provide an overview of the history of the Massachusetts Constitution and its influence on the U.S. Constitution. Students will gain a framework for analyzing the Massachusetts Constitution and for considering when to raise arguments under the Massachusetts Constitution as an alternative to the U.S. Constitution. The course will review specific constitutional issues in which the interpretation of the Massachusetts Constitution differs from the interpretation of the Federal Constitution and will examine textual and historical differences in the two documents that contribute to the interpretational differences. A significant portion of the course will be devoted to the rights afforded individuals accused of crimes embodied in Articles 12 and 14 of the Massachusetts Declaration of Rights. The course will also examine the role of the Massachusetts Constitution in selected civil and procedural contexts, including the Supreme Judicial Court's authority to issue advisory opinions and the right of Massachusetts citizens to create law through the initiative process. Active class participation is strongly encouraged. The grade will be determined by a closed-book examination and may be improved by class participation. Hypothetical problems will be used throughout the class to illustrate and explore how the differing interpretations of the U.S. and Massachusetts Constitution come into play in every day practice. Students may not enroll in this course and the course in Search, Seizure, and Suppression.

Prerequisite: Constitutional Law is a prerequisite and Constitutional Law and Criminal Procedure is recommended.

Enrollment is limited: 20

Elective Course

Final Exam Required