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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