Maryland Constitution of 1867
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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 In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
. It replaced the short-lived
Maryland Constitution of 1864 The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, ...
and is the fourth
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
under which the state has been governed. It was amended in 2012. At approximately 47,000 words (including annotations), the Maryland Constitution is much longer than the average length of a state constitution in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, which is about 26,000 words (the United States Constitution is about 8,700 words long).


Background, drafting, and ratification

The state's 1864 constitution was written during the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, while the Unionists temporarily controlled Maryland. Approved by a bare majority (50.31%) 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 white male citizens of the state for ratification on September 18 and was approved by a vote of 47,152 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 The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
but, like most state bills of rights, is broader than the federal version. Among other things, the Maryland Constitution guarantees
trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
, due process, freedom of the press, and of religion. It also forbids, among other things, the passage of
ex post facto law An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize action ...
s 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 (what is commonly called)
jury nullification Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ...
—commonplace in the early 19th century. By 1867 this principle was already in decline as a result of abuse (in such conflicts as the Mormons in Nauvoo, Illinois and the Fugitive Slave Law of 1850), 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 (2012). While the Declaration of Rights does say that "a well regulated
Militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
is the proper and natural defence of a free Government," it does not guarantee a
right to bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
. The Maryland Constitution is one of the few state constitutions that lacks the equivalent of the federal
Second Amendment The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds each ...
. 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 Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
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 (such as intentionally voting in a district one does not reside in, or voting more than once in an election).


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 The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. Its name was changed on December 14, 2022, from the Maryland Court of Appeals, after a voter-approved change to the state constitution. The court, which is compose ...
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 county


Attorney 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

Amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
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 A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
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 (including recent European immigrants), 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 The lieutenant governor of Maryland is the second highest-ranking official in the executive branch of the state government of Maryland in the United States. The officeholder is elected on the same ticket as the governor of Maryland and must meet ...
. In 1972, an amendment that created the current legislative district system of the
Maryland General Assembly The Maryland General Assembly is the state legislature of the U.S. state of Maryland that convenes within the State House in Annapolis. It is a bicameral body: the upper chamber, the Maryland Senate, has 47 representatives and the lower chamber ...
was approved.


2008 amendments

In 2008, two amendments were proposed on the
2008 U.S. presidential election The 2008 United States presidential election was the 56th quadrennial presidential election, held on Tuesday, November 4, 2008. The Democratic ticket of Barack Obama, the junior senator from Illinois, and Joe Biden, the senior senator from ...
ballot for the state of Maryland. The first amendment proposed to allow
early voting Early voting, also called advance polling or pre-poll voting, is a convenience voting process by which voters in a public election can vote before a scheduled election day. Early voting can take place remotely, such as via postal voting, or in ...
in state and allow qualified voters to vote at
polling place A polling place is where voters cast their ballots in elections. The phrase polling station is also used in American English and British English, although polling place is the building
s outside of their home district. The amendment was approved with 72.1% of the vote. The second amendment proposed to authorize the state to issue up to five video lottery licenses for the primary purpose of raising revenue for education of children in public schools. The amendment was approved with 58.7% of the vote.


2012 amendments

In 2012, three constitutional amendments were proposed on the 2012 U.S. presidential election ballot for the state of Maryland. The first amendment proposed to require judges of the
Orphans' Court A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts ...
for
Prince George's County ) , demonym = Prince Georgian , ZIP codes = 20607–20774 , area codes = 240, 301 , founded date = April 23 , founded year = 1696 , named for = Prince George of Denmark , leader_title = Executive , leader_name = Angela D. Alsobrook ...
to have a Maryland state law license and to be a current member of the Maryland Bar Association. The amendment was approved with 87.8% of the vote. The second amendment proposed to require judges of the Orphans' Court for
Baltimore County Baltimore County ( , locally: or ) is the third-most populous county in the U.S. state of Maryland and is part of the Baltimore metropolitan area. Baltimore County (which partially surrounds, though does not include, the independent City of ...
to have a Maryland state law license and to be a current member of the Maryland Bar. The amendment was approved with 88.1% of the vote. The third amendment proposed to change the point at which an
elected official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
charged with certain crimes is suspended or removed from office. Under the amended law, an elected official would be suspended when found guilty and removed when the conviction becomes final or when pleading guilty or no contest. The amendment was approved with 88% of the vote.


See also

*
Government of Maryland The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie enti ...
*
History of Maryland The recorded history of Maryland dates back to the beginning of European exploration, starting with the Republic of Venice, Venetian John Cabot, who explored the coast of North America for the Kingdom of England in 1498. After European settlemen ...
*
Maryland Constitution of 1864 The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, ...


References

*Whitman H. Ridgway. Maryland Humanities Council (2001).
(Maryland) Politics and Law
. *Whitman H. Ridgway. Maryland Humanities Council (2001).
(Maryland in) the Nineteenth Century
. *Richard E. Berg-Andersson (Dec 5, 2004).
Constitutions of the Several states
.


External links



''(archived)'' {{Authority control 1867 in law Government of Maryland Maryland law
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
Legal history of Maryland History of slavery in Maryland 1867 in Maryland