Constitutional Convention in Massachusetts

(February 2005)

Jason Smith, issue editor, writes:

In this issue of Mass Dissent, we have focused on three amendments pending before the Constitutional Convention here in Massachusetts. There are several amendments pending. We have selected three as they highlight three areas of special concern: healthcare, marriage, and judicial appointments.

AMENDING THE CONSTITUION
The Massachusetts Constitution is amended through a process of constitutional conventions. To amend the constitution, a proposal is made and debated in a constitutional convention, often called a “con-con”. If the proposed amendment is approved in the first con-con, it is put on the calendar for the next session of the General Court. Another convention is held immediately following the convention of the previous session, and the proposal must be approved again. Should a proposal be approved in two constitutional conventions, it is then placed on the ballot for the approval of the citizens. If approved by the voters, the proposed amendment is made to the constitution. At printing, the date for the 2005 Constitutional Convention has not been set.

HEALTHCARE
The amendment proposed to guarantee healthcare for citizens of Massachusetts would require the Legislature to pass laws necessary to ensure that every citizen of Massachusetts have access to health insurance coverage. While many would argue, correctly, that there should be a right to health care, this amendment would not provide it. This amendment requires only the provision of health insurance. It is poised to provide benefits to health insurers and would not bring the Commonwealth closer to solving the problem of access to healthcare for the people

MARRIAGE
Gay marriage will be before the constitutional convention again as it takes up the proposed amendment to the Constitution that would ban same-sex marriage and establish civil unions for same-sex couples in Massachusetts. This amendment, if passed, would do both. Mass Equality is an excellent source of information on this issue. Anything less than marriage for same-sex couples should not be acceptable. It is essential to see this issue clearly for what it is: a civil rights issue and oppose this amendment to the Constitution.

ELECTION OF JUDGES
Jonathon Foglia, a third-year law student at Northeastern, has written eloquently on this amendment. He makes it clear that the election of judges is bad for the Commonwealth and bad for the practice of law.

SUMMARY
Each of the amendments is provided in this issue for your review. Contact your Representative and Senator and let them know where you stand on these issues. You can find the complete text of these amendments at the website for the General Court along with the text of additional amendments that are not included in this issue of Mass Dissent.

To read the complete newsletter, join the Guild or order a subscription today.