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Encyclopedia > Maryland Constitution

The current Constitution 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 last amended in 2002. State seal of Maryland. ... State seal of Maryland. ... Great Seal of Maryland, reverse Obverse side of the Great Seal of Maryland The Great Seal of Maryland is the official government emblem of the State of Maryland in the United States. ... September 18 is the 261st day of the year (262nd in leap years). ... 1867 was a common year starting on Tuesday (see link for calendar). ... This is a list of articles about the fundamental constitutional laws, known as Basic Laws, of various jurisdictions. ... A U.S. state is any one of the 50 states (four of which officially favor the term commonwealth) which, together with the District of Columbia, form the United States of America. ... State nickname: Old Line State; Free State Other U.S. States Capital Annapolis Largest city Baltimore Governor Robert L. Ehrlich Official languages English Area 32,160 km² (42nd)  - Land 25,338 km²  - Water 6,968 km² (21%) Population (2000)  - Population 5,296,486 (19th)  - Density 165 /km² (5th) Admission into... The Great Seal of Maryland The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ...


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, which is about 26,000 words (the United States Constitution is about 8,700 words long). In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...

Contents


Background, drafting, and ratification

The state's 1864 constitution, written during the Civil War while the Unionists temporarily controlled Maryland, proved to be unsuitable in a state that still had a lot of Southern sympathies. That document, which was approved by a bare majority (50.31%) of the state's eligible voters, was designed to disenfranchise the approximately 25,000 Marylanders who fought for the Confederacy or in other ways supported it. Also, while emancipating the state's slaves, the 1864 constitution changed the basis of representation in the General Assembly to help keep power in the hands of the white elite. The American Civil War was fought in the United States from 1861 until 1865 between the United States – forces coming mostly from the 23 northern states of the Union – and the newly-formed Confederate States of America, which consisted of 11 southern states that had declared their secession. ... National Motto Deo Vindice (Latin: Under God our Vindicator) Official language English de facto nationwide Various European and Native American languages regionally Capital Montgomery, Alabama February 4, 1861–May 29, 1861 Richmond, Virginia May 29, 1861–April 9, 1865 Danville, Virginia April 3–April 10, 1865 Largest city New Orleans... Emancipation means becoming free and equal; the term can be used in various contexts: historically, a slave becoming free by being set free by the owner (manumission), voluntarily or in accordance with laws requiring it after a certain time or in certain cases, thereby becoming freedman (e. ... The word slaves has several meanings and usages: People who are owned by others, and live to serve them without pay. ... The Maryland General Assembly is the state legislature of the U.S. state of Maryland. ...


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 people of the state for ratification on September 18 and was approved by a vote of 27,152 to 23,036. It took effect on 5 October 1867 City nickname: Americas Sailing Capital Location in the state of Maryland Founded 1649 Mayor Ellen O. Moyer (Dem) Area  - Total  - Water 19. ... May 8 is the 128th day of the year in the Gregorian Calendar (129th in leap years). ... August 17 is the 229th day of the year (230th in leap years) in the Gregorian Calendar. ... September 18 is the 261st day of the year (262nd in leap years). ... October 5 is the 278th day of the year (279th in Leap years). ... 1867 was a common year starting on Tuesday (see link for calendar). ...


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. United States Bill of Rights The Bill of Rights is the name given to the first ten amendments to the United States Constitution. ... The jury trial (not to be confused with grand jury proceedings or trial by jury) is a bench trial wherein the Judge uses a jury to advise him on the facts while he determines the law. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Freedom of the press (or press freedom) is the guarantee by a government of free public speech often through a state constitution for its citizens, and associations of individuals extended to members of news gathering organizations, and their published reporting. ... An ex post facto law (Latin for from a thing done afterward or after the deed), also known as a retrospective law, is a law that acts retroactively, affecting facts or legal relationships that existed prior to the enactment of the law. ... The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the Glorious Revolution of 1688. ...


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. This makes the Maryland Constitution one of the very few state constitutions that lacks the equivalent of the federal second amendment. The Second Amendment to the United States Constitution, part of the Bill of Rights, prevents the federal government from infringing on the right to keep and bear firearms. ... The Second Amendment to the United States Constitution, part of the Bill of Rights, protects the right of the people to keep and bear arms. ...


Maryland's Constitution also makes explicit the separation of powers doctrine which is only implied in the federal constitution. The Maryland Constitution clearly 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" Separation of powers is the idea that the powers of a sovereign government should be split between two or more strongly independent entities, preventing any one person or group from gaining too much power. ...


Amendments

Amendment process

Amendments 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 constitutional amendment is an alteration to the constitution of a nation or a state. ... The Maryland General Assembly is the state legislature of the U.S. state of Maryland. ... A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... A general election is an election in which all members of a given political body are up for election. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


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. This question will next appear on the ballot in 2010. A constitutional convention is a gathering of persons for the purpose of drawing up a constitution, or planning to modify one. ... 2010 is a common year starting on Friday of the Gregorian calendar. ...


Notable amendments

While the average state constitution has been amended approximately 115 times, as of 2004, the Maryland Constitution has been amended almost 200 times, most recently in 2002. In 1972 an amendment created the current legislative districting system that the state's General Assembly follows and in 1970 an amendment that created the position of Lieutenant Governor of Maryland was approved. 2004 is a leap year starting on Thursday of the Gregorian calendar. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... 1972 was a leap year that started on a Saturday. ... The Maryland General Assembly is the state legislature of the U.S. state of Maryland. ... 1970 was a common year starting on Thursday. ... Current Lt. ...


More infamously, in 1910 the Digges Amendment, which would have used property requirements to effectively disenfranchise many African Americans, was proposed. However, it was rejected by the people at the general election. 1910 was a common year starting on Saturday (see link for calendar). ... Austin Lane Crothers, the 46th Governor of Maryland, supported the Digges Amendment. ... African Americans, also known as Afro-Americans or black Americans, are an ethnic group in the United States of America whose ancestors, usually in predominant part, were indigenous to Sub-Saharan and West Africa. ...


See also

The Great Seal of Maryland The Flag of Maryland The Government of Maryland is conducted according to the state constitution. ... The Great Seal of Maryland The Flag of Maryland The History of Maryland could be said to have begun circa 10,000 BC, when the first people arrived in what would later become the U.S. State of Maryland. ... The Great Seal of Maryland The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. ... Thomas Johnson, who was a delegate to the Maryland Constitutional Convention of 1776 and was later elected as the first Governor of Maryland under the 1776 constitution. ...

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 link

  • Text of the Constitution

  Results from FactBites:
 
Maryland Constitution - Wikipedia, the free encyclopedia (718 words)
The current Constitution 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.
The state's 1864 constitution, written during the Civil War while the Unionists temporarily controlled Maryland, proved to be unsuitable in a state that still had a lot of Southern sympathies.
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.
  More results at FactBites »


 

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