Constitution of Maryland
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was amended in 2012.
At approximately 47,000 words, the Maryland Constitution is much longer than the average length of a state constitution in the United States, which is about 26,000 words.
Background, drafting, and ratification
The state's 1864 constitution was written during the Civil War, while the Unionists temporarily controlled Maryland. Approved by a bare majority of the state's eligible voters, including Maryland men who were serving in the Union army outside the state, it temporarily disfranchised the approximately 25,000 men in Maryland who had fought for the Confederacy or in other ways supported it, in an effort to bring change to the state. Also, while the state's remaining slaves were emancipated by constitutional amendment, the 1864 constitution changed the basis of representation in the General Assembly to help keep power in the hands of the white elite.The Constitution of 1867 was drafted by a convention which met at the state capital, Annapolis, between May 8 and August 17, 1867. It was submitted to the adult non-black male citizens of the state for ratification on September 18 and was approved by a vote of 27,152 to 23,036. It took effect on October 5, 1867.
Specific Provisions
Declaration of Rights
The Maryland Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but, like most state bills of rights, is broader than the federal version. Among other things, the Maryland Constitution guarantees trial by jury, due process, freedom of the press, and of religion. It also forbids, among other things, the passage of ex post facto laws and cruel and unusual punishment. Notably, juries in criminal cases are declared to be judges of law as well as fact, thus ensconcing in the constitution the right of jury nullification—commonplace in the early 19th century. By 1867 this principle was already in decline as a result of abuse, and today very much the minority position. The right of the jury to be judge of the law has since been declared unconstitutional, at least with respect to matters implicating federal constitutional rights, by the Maryland Court Appeals in Unger vs. Maryland.While the Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government," it does not guarantee a right to bear arms. The Maryland Constitution is one of the few state constitutions that lacks the equivalent of the federal Second Amendment.
Reflecting Maryland's history of religious toleration, it limits the guarantee against religious disabilities to those who believe in God and divine rewards and punishments. Article 36 includes the wording:
nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come.
A unanimous 1961 decision by US Supreme court in the case of Torcaso v. Watkins found that an attempt to enforce this provision violated the First and Fourteenth Amendments to the United States Constitution. In 1970, this article was amended to include the sentence "Nothing in this article shall constitute an establishment of religion". The original wording of the article was left in place, presumably as symbolic rather than effective.
Maryland's Constitution describes the separation of powers doctrine, which is implied in the federal constitution. The Maryland Constitution states that "the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other."
Elective Franchise
Article I defines the requirements for holding elections, the qualifications to be allowed to vote, and penalties for voter misconduct.Executive Department
Article II creates the offices of Governor and Lieutenant Governor, establishes the qualifications for candidates, the rules for counting ballots, deciding who shall become governor or Lieutenant governor in the event of a tie, impeachment for misconduct, and the process for replacement if the office becomes vacant temporarily or permanently due to death, resignation, disability or impeachment.Legislative Department
Article III creates the Legislature, styled the General Assembly, separated into two houses, a Senate and House of delegates, defines the qualification and number of members of each house, the means of election and provisions for removal from office for misconduct, and process for replacement of members whose office becomes vacant.Judicial Department
Article IV creates the Supreme Court of Maryland and various lower courts, sets the requirement for judges, length of tenure, and removal from office. It also provides for a Sheriff to be elected for each countyAttorney General and State's Attorney
Article V creates the office of the Attorney General and a State's Attorney in each county, provides for their election, qualifications for candidates, procedure for impeachment and replacement in the event the office becomes vacant.Treasury Department
Article VI creates a Treasury Department and establishes the procedure for appointment of a Comptroller and a Treasurer, as well as their duties, procedure for removal for misconduct and replacement if the office becomes vacant.Sundry Officers
Article VII provides for the election of County Commissioners.Education
Article VIII requires the legislature to establish a set of Free Public Schools, and to support them "by taxation or other means."Militia and Military Affairs
Article IX provides for the creation of a Militia and for the appointment of an Adjutant General by the Governor to manage the Militia.City of Baltimore
Article X creates the City of Baltimore, provides it with a mayor and a two-part City Council with a maximum 90 day period of operation, and provides for several additional sub-articles within article XI regarding the operation of the City.Amendments
Amendment process
s to the constitution are proposed by the state legislature with a three-fifths vote in both chambers. Amendments must then be ratified by a simple majority of the people voting on the question in a referendum held simultaneously with the next general election. Unlike the federal constitution, when the Maryland Constitution is amended the official text of the document is edited, removing language that is no longer in force. However, most printed versions of the constitution include annotations which indicate which portions were amended or removed and at what times.A provision in the document requires that every 20 years the people of the state be asked if a state constitutional convention should be convened. Such a convention is called if a majority of the voters request it. At the latest election where this question could be asked in 2010, the voters did not choose to call a convention.
Notable amendments
While the average state constitution has been amended approximately 115 times,, the Maryland Constitution has been amended almost 200 times, most recently in 2012. In 1910, the Digges Amendment was proposed, to increase property requirements for voter registration. It would have effectively disfranchised most African Americans and many poor whites, as had been accomplished by other states through various means, beginning with Mississippi's new constitution of 1890. Other Maryland laws had already reduced black voter rolls, but this amendment was rejected by voters at the general election.In 1970, voters approved an amendment that created the office of the Lieutenant Governor of Maryland. In 1972, an amendment that created the current legislative district system of the Maryland General Assembly was approved.