February 19, 2002

After the Legislature receives a Certified Petition for a Constitutional Amendment from the Secretary of State, it is specifically required under Article 48 of the state Constitution to: 

Refer it to “a committee.” The Amendment must be referred to a Committee of the entire legislature, i.e., to one committee of the legislature as a whole, not to two committees as has been done here. 

Have a public hearing. There must be a public hearing by the Committee at which “all parties in interest shall be heard.”  

Committee Must Issue Report. After the public hearing, the measure shall be “considered and reported upon” by the Committee to the full legislature “with the Committee’s recommendations.” 

Report Must Be in Writing. The Committee’s report to the full legislature shall be in writing, with the majority and minority reports signed by the members of the Committee.    

Joint Session by May 8. The Legislature is required to have a joint session not later than the second Wednesday in May at which time the Amendment shall be “laid before” the joint session of the two houses. 

Gov. May Call Joint Session. If the Legislature fails to act, the Governor shall call a joint session. 

What if the Legislature Breaks the Law? 

There was a case in 1992 where Senate President Billy Bulger defied the state Constitution. He was sued but the state’s Supreme Court (SJC) said there was nothing it could do. 

It said that “the only remedy may come from the influence of public opinion, expressed ultimately at the ballot box” where the public can vote for new Reps and Senators. 

In other words, if the voters are not vigilant the corrupt political leaders can do anything they want and Massachusetts will become a “banana republic.” 

The SJC quoted a leader at the Constitutional Convention in 1917-1918 when he was asked what could be done if the Legislature defied the Constitution. He answered that he did “not believe we need to consider seriously … a defiance of the provisions of the amendment by either of these two branches of the General Court [i.e., the Legislature].