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 so ...

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

. It replaced the short-lived Maryland Constitution of 1864 and is the fourth

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

under which the state has been governed. It was last amended in 2024. 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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, which is about 26,000 words (the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

is about 8,700 words long).

Background, drafting, and ratification

Maryland had constitutional conventions in 1776 and 1850–51. The state's 1864 constitution was written in a convention during the

Civil War A civil war is a war between organized groups within the same Sovereign state, 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.J ...

, 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

slave Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

s 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 Annapolis ( ) is the capital of the U.S. state of Maryland. It is the county seat of Anne Arundel County and its only incorporated city. Situated on the Chesapeake Bay at the mouth of the Severn River, south of Baltimore and about east o ...

, 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. Maryland held a constitutional convention in 1967-68.

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 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 increasingly used ...

due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...

, and of religion. It also forbids, among other things, the passage of

ex post facto law An ''ex post facto'' law 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 actions that were ...

s and

cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...

. 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, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reas ...

—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 Nauvoo ( ; from the ) is a small city in Hancock County, Illinois, United States, on the Mississippi River near Fort Madison, Iowa. The population of Nauvoo was 950 at the 2020 United States census, 2020 census. Nauvoo attracts visitors for its h ...

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 Supreme Court of Maryland in Unger vs. Maryland (2012). While the Declaration of Rights does say that "a well regulated

Militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...

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 legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...

. 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

. 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 The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...

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 Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...

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 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 XI creates the City of Baltimore and deems it an independent city, and 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. They ...

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, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...

held simultaneously with the next

general election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...

. 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 2024. In 1910, the Digges Amendment was proposed, to increase property requirements for voter registration. It would have effectively disfranchised most

African Americans African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa ...

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. 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 ...

was approved.

2008 amendments

In 2008, two amendments were proposed on the

2008 U.S. presidential election Presidential elections were held in the United States on November 4, 2008. The Democratic ticket of Barack Obama, the junior senator from Illinois, and Joe Biden, the senior senator from Delaware, defeated the Republican ticket of John Mc ...

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 (politics), election day. Early voting can take place remotely, such as v ...

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, British English and Canadian English although a polling place is the building and polling station is the specific ...

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

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

s of the Orphans' Court for Prince George's County 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 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 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.

2024 amendments

In 2024, Maryland residents overwhelmingly approved a constitutional provision recognising

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

access within the state.

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 American law Government of Maryland Maryland law

Legal history of Maryland History of slavery in Maryland 1867 in Maryland