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Contents SERIES FORWARD by G. Alan Tarr FORWARD by Judge Robert L. Karwacki ACKNOWLEDGMENTS PREFACE PART I. THE CONSTITUTIONAL HISTORY OF MARYLAND The Maryland Constitution of 1776 The Maryland Constitution of 1850-1851 The Maryland Constitution of 1864 The Maryland Constitution of 1867 The Proposed Maryland Constitution of 1967-1968 PART II. MARYLAND CONSTITUTION AND COMMENTARY Declaration of Rights Article 1. Origin of government; right to alter. Article 2. Constitution, laws and treaties of United States to be supreme law of State. Article 3. Reserved powers of states and people. Article 4. Exclusive right of people of State to regulate internal government and police thereof. Article 5. Common law and statutes of England applicable; trial by jury; property derived under charter granted to Lord Baltimore. Article 6. Legislators and executive officers are trustees of public; right of people to reform or establish new government. Article 7. Elections to be free and frequent; right of suffrage. Article 8. Separation of powers. Article 9. Suspension of laws. Article 10. Freedom of speech and debate and proceedings in legislature. Article 11. Meeting place of legislature. Article 12. Legislature to be frequently convened. Article 13. Right to petition legislature for redress of grievances. Article 14. No tax, etc., to be levied without consent of legislature. Article 15. Poll taxes prohibited; paupers not to be assessed; uniformity of taxation. Article 16. Sanguinary laws to be avoided; cruel and unusual punishments. Article 17. Ex post facto laws; retrospective oaths or restrictions. Article 18. Attainder of treason or felony. Article 19. Remedy for injury to person or property. Article 20. Trial of facts where they arise. Article 21. Rights of accused; indictment; counsel; confrontation; speedy trial; impartial and unanimous jury. Article 22. Self incrimination. Article 23. Jury judges of law and fact; right of trial by jury in civil proceedings. Article 24. Due process. Article 25. Excessive bail, fines and punishments. Article 26. Warrants. Article 27. Corruption of blood or forfeiture of estate. Article 28. Militia. Article 29. Standing armies. Article 30. Military power should be subordinate to civil power. Article 31. Quartering of soldiers. Article 32. Martial law. Article 33. Removal of judges; judges not to hold other office, receive fee or perquisites; exception. Article 34. Rotation in executive departments. Article 35. Holding more than one office prohibited; persons in public trust not to receive presents from other states, etc.; positions or memberships not offices for profit. Article 36. Religious freedom. Article 37. Religious tests as qualification for office; oath of office. Article 38. Vacant Article 39. Manner of administering oath or affirmation. Article 40. Freedom of press and speech. Article 41. Monopolies. Article 42. No title of nobility or hereditary honors to be granted. Article 43. What legislature should encourage; assessment of farm or agricultural land. Article 44. Constitutions applicable as well in war as in peace. Article 45. Reservation of rights of people. Article 46. Equality of rights not abridged because of sex. Article 47. Rights of victim of crime. Article I: Elective Franchise Section 1. Elections to be by ballot; qualifications of voters; election districts. Section 2. Registration of voters. Section 3. Absentee voting. Section 4. Right to vote of persons convicted of certain crimes and persons under guardianship. Section 5. Change of residence for purpose of voting; illegal voting. Section 6. Buying and selling votes. Section 7. Laws to be passed for preservation of purity of elections. Section 8. Legislature to make provisions for contested elections. Section 9. Oath of office. Section 10. How officers may qualify; construction of words and phrases used in creating public offices. Section 11. Refusal to take oath; violation of oath. Section 12. Persons not registered voters ineligible to serve in elective office. Article II: Executive Department Section 1. Executive power vested in Governor; term of office; when ineligible to succeed himself. Section 1A. Office of Lieutenant Governor created; duties; qualifications. Section 1B. Candidate for Governor to designate candidate for Lieutenant Governor; joint listing of names on ballot. Section 2. Time, place and manner of holding election for Governor and Lieutenant Governor; qualifications of voters. Section 3. Ascertainment of result of election; when Governor and Lieutenant Governor to qualify. Section 4. How tie elections decided; questions relating to election determined by House of Delegates. Section 5. Qualifications of Governor and Lieutenant Governor. Section 6. Vacancy in office of Governor or Lieutenant Governor; disability. Section 7. Impeachment of Governor or Lieutenant Governor. Section 8. Powers of Governor as commander-in-chief of land and naval forces of State. Section 9. Governor to take care that laws are faithfully executed. Section 10. Appointment of officers. Section 10A. Appointment of officers between primary election and inauguration of next succeeding Governor; emergencies. Section 11. Power of Governor to fill vacancies. Section 12. Effect of rejection by Senate of person nominated by Governor. Section 13. When civil officers to be nominated to Senate; terms of such officers. Section 14. Vacancies occurring during session of Senate. Section 15. Suspension and removal of officers. Section 16. Governor to convene legislature on extraordinary occasions; change of place for meeting of legislature. Section 17. Governor to approve or disapprove bills passed by legislature; reconsideration of vetoed bills by legislature; disapproval of items in bills making appropriations. Section 18. Examination of Treasurer and Comptroller by Governor. Section 19. Governor to inform legislature of condition of State and make recommendations. Section 20. Power of Governor to grant reprieves and pardons, remit fines and forfeitures. Section 21. Residence of Governor. Section 21A. Salaries of Governor and Lieutenant Governor; Governor's Salary Commission. Section 22. Appointment and term of Secretary of State; compensation. Section 23. Duties of Secretary of State. Section 24. Reorganization of executive branch. Article III: Legislative Department Section 1. Legislature to consist of two branches; to be styled General Assembly. Section 2. Membership of Senate and House of Delegates. Section 3. Division of State into legislative districts; number of Senators and Delegates from each district; subdivision of districts. Section 4. Requirements for districts. Section 5. Legislative districting and apportionment following each decennial census. Section 6. Election and terms of members of General Assembly. Section 7. Time of holding elections for Senators and Delegates. Section 8. Vacant Section 9. Age, citizenship and residence requirements for Senators and Delegates. Section 10. Persons holding office under United States not eligible as Senators or Delegates; membership in armed forces reserves or militia. Section 11. Persons holding civil offices under State not eligible as Senators or Delegates; eligibility for nonelected positions. Section 12. Disqualification to serve as Senator or Delegate or hold other office for failure to account for public money. Section 13. Vacancy in office of Senator or Delegate. Section 14. Time of meetings of General Assembly; extraordinary session upon petition of members. Section 15. Duration of sessions of General Assembly; compensation and allowances. Section 16. Purchase of books, etc., for use of General Assembly. Section 17. Senator or Delegate not eligible to office created, etc., during his term. Section 18. Senators and Delegates not liable for words spoken in debate. Section 19. Each House to be judge of qualifications and elections of its members; appoint its own officers, make its own rules; punishment and expulsion of members. Section 20. Quorum; powers of smaller number than quorum. Section 21. Doors to be kept open. Section 22. Journals of proceedings. Section 23. Each House may punish disrespectful, etc., behaviour, obstruction of proceedings or officers. Section 24. Powers of House of Delegates as grand inquest of State; joint standing committee of Senate and House. Section 25. Consent required to adjournment. Section 26. Impeachments. Section 27. Where and when bills may originate; three readings required; "consent calendar." Section 28. Majority required for passage of bill or resolution; yeas and nays on final vote to be recorded. Section 29. Style and titles of laws; laws to embrace but one subject; revival or amendment; amendment of Code; enactment of laws not amendatory of Code. Section 30. Bills to be presented to Governor for approval; laws to be recorded, printed, published and certified. Section 31. When laws take effect. Section 32. Appropriations; contingent fund; statement of receipts and expenditures of public money to be published with laws. Section 33. Local and special laws. Section 34. Restrictions on loans and extension of credit. Section 35. Extra compensation to public officer, agent or contractor; increasing or diminishing compensation during term of office; exception as to Baltimore City. Section 35A. Compensation of public officers not exempt from income tax. Section 36. Lottery grants. Section 37. Vacant Section 38. Imprisonment for debt. Section 39. Books, papers and accounts of banks to be open to inspection. Section 40. Eminent domain. Section 40A. Same -- Baltimore City and Baltimore, Cecil, Harford and Montgomery Counties. Section 40B. Same -- Highways. Section 40C. Same -- Acquisition of property in Prince George's County by Washington Suburban Sanitary Commission. Section 41. Vacant Section 42. Vacant Section 43. Property of wife protected from debts of husband. Section 44. Laws to be passed protecting property from execution. Section 45. Legislature to provide system of fees and charges for clerks of courts and registers of wills. Section 46. Power to receive grants from United States, administer and distribute same. Section 47. Vacant Section 48. Corporations. Section 49. Power of legislature to regulate elections. Section 50. Legislature to provide penalty for bribery, etc., and for compelling testimony in such cases. Section 51. Where personal property shall be taxed. Section 52. How appropriations to be made; budget. Section 53. Vacant Section 54. Restrictions on county debts. Section 55. Legislature not to suspend writ of habeas corpus. Section 56. Legislature may pass laws for carrying into execution powers vested by Constitution. Section 57. Legal rate of interest. Section 58. Taxation of revenues of foreign corporations. Section 59. Creation of office of "State Pension Commissioner" or establishment of general pension system prohibited. Section 60. Suspension of sentences; indeterminate sentences; parole of convicts. Section 61. Slum clearance. Article IV: Judicial Department Part I - General Provisions Section 1. Judicial power vested in enumerated courts; courts of record; seals. Section 1A. Courts existing at time of adoption of Constitution; pending cases. Section 2. Qualifications of judges. Section 3. Election of judges; term of office; retirement. Section 3A. Temporary assignment of former judges. Section 4. Removal of judges. Section 4A. Commission on Judicial Disabilities created; composition; appointment and terms of members; vacancies; compensation and expenses. Section 4B. Power of Commission on Judicial Disabilities; procedure; removal or retirement of judge by Court of Appeals. Section 5. Vacancy in office of judge of circuit court. Section 5A. Vacancy in office of judge of appellate court. Section 6. Judges to be conservators of the peace; fees, perquisites, etc., not allowed. Section 7. In what cases judge disqualified. Section 8. Removal of causes. Section 9. Judges authorized to appoint officers for courts; compensation of such officers; judges to investigate expenses, etc. Section 10. Clerks of courts; duties; office and business governed by rules of Court of Appeals; funding; fees, commissions, etc., to be State revenues. Section 11. Clerks of courts to certify election returns to Governor; Governor to issue commissions; who declared elected. Section 12. Contested elections for judges, clerks and registers of wills. Section 13. Form of public commissions and grants, writs and process and indictments. Part II -- Courts of Appeal Section 14. Composition of Court of Appeals; Chief Judge; jurisdiction; sessions; salaries of judges; quorum; division of court; reargument. Section 14A. Creation of intermediate courts of appeal; prescribing jurisdiction and powers. Section 14B. Eligibility of member of General Assembly for appointment as judge of intermediate court of appeal. Section 15. Judge who heard cause below disqualified; opinions to be filed; judgment of Court of Appeals final. Section 16. Reports. Section 17. Clerk. Section 18. Powers and duties of Chief Judge of Court of Appeals; assignment of judges; rule-making power of Court of Appeals. Part IIA - Interim Provisions Section 18B. Continuance in office of certain incumbent appellate court judges. Part III -- Circuit Courts Section 19. State divided into judicial circuits. Section 20. Court to be held in each county and in Baltimore City; power, authority and jurisdiction of circuit courts; orphans' courts for Montgomery and Harford Counties. Section 21. Number of judges; residence requirements; chief judge and associate judges; quorum; terms of court. Section 21A. Provision for two 1976 amendments to Sections 3 and 21. Section 22. Reservation of points or questions for consideration by court in banc. Section 23. Judges to render decisions within two months of argument or submission. Section 24. Salaries of judges not to be diminished. Section 25. Clerks. Section 26. Deputy clerks and other employees. Part IV - Court of Baltimore City Party V - Orphan's Court Section 40. Election and qualifications of judges; powers; compensation; vacancies; Montgomery and Harford counties excepted. Section 41. Register of wills. Part VI - District Court Section 41A. Jurisdiction. Section 41B. Number of judges; division of State into districts. Section 41C. Duties and qualifications of judges; increasing or decreasing number of judges. Section 41D. Appointment and confirmation of judges; term of office. Section 41E. Chief Judge. Section 41F. Chief clerk; chief administrative clerks; clerks; deputy clerks, constables and other officers. Section 41G. Commissioners. Section 41H. Reduction in salary of judge prohibited. Section 41-I. Implementation of certain amendments. Part VII - Sheriffs Section 44. Sheriffs. Section 45. Notaries public. Article V: Attorney-General and State's Attorneys Section 1. Election, term and removal of Attorney-General. Section 2. Determining election and qualification of Attorney-General; tie vote; oath. Section 3. Powers and duties of Attorney-General; compensation; Governor not to employ additional counsel unless authorized by legislature. Section 4. Qualifications of Attorney General. Section 5. Vacancy in office of Attorney-General. Section 6. Clerks of courts of appeal to notify Attorney-General of cases in which State has interest. Section 7. Election, term and removal of State's Attorneys. Section 8. Determining election and qualification of State's Attorney; tie vote; oath. Section 9. Duties and compensation of State's Attorneys; deputies and assistants; expenses. Section 10. Qualifications of State's Attorneys. Section 11. Vacancy in office of State's Attorney. Section 12. Collection of money in name of State; bond. Article VI: Treasury Department Section 1. Composition of Department; election of Comptroller; appointment of Treasurer; terms and compensation of Comptroller and Treasurer; vacancies; offices; oath and bonds. Section 2. Powers and duties of Comptroller. Section 3. Powers and duties of Treasurer and deputies; signature of bonds, etc., of State; transfer of evidences of debt of State. Section 4. Treasurer to render accounts to Comptroller, publish abstract thereof and submit copies to legislature; inspections by Comptroller. Section 5. When Comptroller and Treasurer to qualify. Section 6. Removal of Comptroller and Treasurer. Article VII: Sundry Officers Section 1. County Commissioners -- Election. Section 2. Same -- Number, compensation, powers and duties. Article VIII: Education Section 1. General Assembly to establish system of free public schools. Section 2. Continuance of system in force at adoption of Constitution. Section 3. School Fund. Article IX: Militia and Military Affairs Section 1. Powers of General Assembly. Section 2. Adjutant-General. Article X: Labor and Agriculture Article XI: City of Baltimore Section 1. Election of mayor; qualifications; compensation; powers and duties; term. Section 2. Composition of city council; qualifications, compensation, terms, powers and duties, etc. Section 3. Election of members of city council. Section 4. Sessions of city council. Section 5. Mayor and councilmen not to hold other offices, etc., or be interested in city contracts. Section 6. Removal of mayor. Section 7. Debts and extension of credit. Section 8. Laws and ordinances continued in force. Section 9. Article subject to change by General Assembly; control of Baltimore City by General Assembly. Article XI-A: Local Legislation Section 1. Charter boards; preparation and adoption of charter. Section 1A. Alternate procedure for county to adopt charter. Section 2. General Assembly to provide grant of express powers; extension, modification, etc., of such powers. Section 3. Legislative bodies; chief executive officers; enactment, publication and interpretation of local laws. Section 3A. Method of election of members of county councils. Section 4. General Assembly not to enact local laws on subjects covered by express powers. Section 5. Amendments to charters. Section 6. Power to prescribe number, compensation, powers and duties of county commissioners; amendment of Article XI. Section 7. "Petition" defined; authentication of signatures; duties of General Assembly; false signing and false affidavits. Article XI-B: City of Baltimore - Land Development and Redevelopment Section 1. Authority to Baltimore City to acquire and dispose of property. Section 2 Additional powers and restrictions. Article XI-C: Off-Street Parking Section 1. Authority to Baltimore City to acquire and dispose of property. Section 2. Additional powers and restrictions. Section 3. Baltimore City revenue bonds for parking facilities. Article XI-D: Port Development Section 1. Authority to Baltimore City to acquire and dispose of land. Section 2. Additional powers and restrictions. Section 3 Howard County. Article XI-E: Municipal Corporations Section 1. Special charters generally prohibited. Section 2. Classes of municipal corporations. Section 3. Home rule. Section 4. Procedure for adoption, amendment or repeal of charters. Section 5. Taxation; debt limitations. Section 6. Effect of and limitations upon home rule charters. Article XI-F: Home Rule for Code Counties Section 1. "Code county" and "public local law" defined. Section 2. Procedure for becoming code county. Section 3. County may enact, amend or repeal public local law. Section 4. Power of General Assembly to enact, etc., public local laws affecting code counties. Section 5. Classification of code counties. Section 6. Enactment, etc., of public local law by county to be by resolution. Section 7. Enactment, etc., of public local law by county subject to referendum. Section 8. Enactment, etc., of local law limiting tax rate or indebtedness. Section 9. Authority of county to levy tax or license fee. Section 10. Conflict of laws. Article XI-G: City of Baltimore - Residential Rehabilitation and Commercial Financing Loans Article XI-H: City of Baltimore - Residential Financing Loans Article XI-I: City of Baltimore - Industrial Financing Loans Article XII: Public Works Section 1. Board of Public Works established; members; journal; sessions. Section 2. Powers and duties of Board of Public Works; members to receive no additional salary. Section 3. Sale of State's interest in works of public improvement and banking corporations. Article XIII: New Counties. Section 1. Legislature may form new counties, change county lines, etc.; restrictions. Section 2. General Assembly to pass laws necessary to carry article into effect. Article XIV: Amendments to the Constitution. Section 1. Proposal in General Assembly; publication; submission to voters; Governor's proclamation. Section 1A. Provisions of limited duration. Section 2. Constitutional conventions. Article XV: Miscellaneous Section 1. Accounts and returns of officers whose compensation is derived from fees; disposition of excess fees. Section 2. Suspension and removal of elected officials convicted of crimes. Section 3. Members of certain organizations ineligible to hold office or positions of profit or trust. Section 4. Vacant Section 5. Temporary replacement for officer unavailable to perform duties. Section 7. Time for holding general elections. Article XVI: The Referendum Section 1. Reservation of power of referendum in people; article self-executing; additional legislation. Section 2. When laws to take effect; effect of filing of referendum petition. Section 3. Number of signers necessary for petition; effect of petition signed by more than one third required number; time for filing petitions; meaning of "passed" and "enacted"; signing after passage. Section 4. Form of petition; verification of authenticity. Section 5. Text of measures to be furnished to voters; ballots; proclamation of result of election. Section 6. Laws relating to malt or spirituous liquors not to be referred. Article XVII: Quadrennial Elections Section 1. Purpose of article; "officers" defined. Section 2. When elections for State and county officers to be held. Section 3. Terms of State and county officers elected by voters. Section 4. Commencement of terms of judges and other officers. Section 5. Terms of officers appointed by Governor and county commissioners. Section 6. Commencement of terms of members of boards of supervisors of elections. Section 7. Sections inapplicable to elective local boards of education. Section 8. Tied elections. Section 9. Provisions inconsistent with article repealed or abrogated. Article XVIII: Provisions of Limited Duration BIBLIOGRAPHICAL ESSAY TABLE OF CASES INDEX
Library of Congress Subject Headings for this publication:
Constitutions -- Maryland.
Constitutional law -- Maryland.