Maryland Constitution

Maryland Constitution
Name	Maryland Constitution
Date created	1864 (current version adopted 1867)
Date ratified	September 18, 1867
Location of document	Maryland State House
Writer	Constitutional Convention
Signers	Delegates of the 1867 Convention
Purpose	To establish the framework for the state government

Maryland Constitution. The fundamental governing document of the U.S. state of Maryland, it establishes the structure, powers, and duties of the state government and enshrines the rights of its citizens. First adopted in 1776 following independence from Great Britain, it has been replaced several times, with the current version ratified by popular vote in 1867. It is one of the longest state constitutions in the United States and serves as the supreme law within the state, subject only to the U.S. Constitution.

History and background

The first version was drafted in 1776 by a convention chaired by Robert Eden and influenced by figures like Charles Carroll of Carrollton and Samuel Chase. This document, created during the American Revolutionary War, replaced the colonial charter granted by Cecil Calvert, 2nd Baron Baltimore. A major revision occurred in 1851, restructuring the state legislature and the judiciary. The divisive period of the American Civil War led to the 1864 version, drafted under Union control, which abolished slavery but included controversial loyalty oaths. The current 1867 constitution emerged from a post-war convention, seeking to reunify the state and incorporate Reconstruction-era changes while removing the harshest provisions of its predecessor.

Structure and content

The document is organized into a Preamble followed by a Declaration of Rights and numerous articles. The Declaration of Rights enumerates fundamental liberties, drawing from the Virginia Declaration of Rights and the United States Bill of Rights. Subsequent articles detail the separation of powers among the executive, legislative, and judicial branches. It meticulously outlines the election and duties of officials like the Governor of Maryland, the Comptroller of Maryland, and the Attorney General of Maryland. Further articles cover the Maryland General Assembly, the court system, state finance through the Board of Public Works, and provisions for local governments such as Baltimore City and the counties.

Amendments and revisions

Changes can be proposed by the Maryland General Assembly or by a constitutional convention. Legislative proposals require a three-fifths vote in both the Maryland Senate and Maryland House of Delegates before submission to the state's voters. Notable amendments include the 1910 Digges Amendment concerning voting rights, the 1924 expansion of the governor's term, the 1948 "Sollers Point" amendment on legislative apportionment, and the 1970 creation of the Maryland District Court. Major revision efforts, like those attempted in the 1960s under Governor J. Millard Tawes and through the 1967–1968 constitutional convention, have largely failed to gain voter approval for wholesale replacement.

Comparison with U.S. Constitution

While both documents establish bicameral legislatures and separate branches of government, the state document is far more detailed and restrictive. It imposes strict debt limits on the state and local jurisdictions, a feature absent from the federal charter. The Declaration of Rights often provides broader protections, such as explicit guarantees for jury trials in civil cases. Unlike the U.S. Constitution, it contains numerous provisions dealing with specific local entities, including the Baltimore City Police Department and the University System of Maryland. The amendment process is also more accessible than the federal process, leading to a much longer and more frequently altered text.

Key provisions and notable articles

Article I, the Declaration of Rights, is a cornerstone, affirming principles like popular sovereignty and the right to remonstrate. Article II establishes the executive branch, including the unique Board of Public Works comprising the Governor of Maryland, Comptroller of Maryland, and State Treasurer. Article III structures the Maryland General Assembly and contains the state's Equal Protection Clause. Article IV creates the Maryland court system, headed by the Maryland Court of Appeals. Other significant articles mandate a statewide public school system (Article VIII), regulate corporations (Article XXIII), and govern the process for constitutional amendments (Article XIV).

Influence and legacy

The document has profoundly shaped the state's legal and political development, particularly through its detailed regulation of municipal and county affairs. Its Declaration of Rights has been cited in landmark rulings by the Maryland Court of Appeals and the Supreme Court of the United States. The 1867 constitution's framework helped stabilize Maryland after the American Civil War and guided its entry into the modern industrial era. Its length and specificity have sparked ongoing debate about the merits of a flexible framework versus a detailed regulatory code, influencing similar discussions in other states like New York and Texas.

Category:Maryland law Category:State constitutions of the United States Category:1867 in American law