The Maryland state constitution 1st Edition by Dan Friedman 0199778698 9780199778690

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ISBN 10: 0199778698

ISBN 13: 9780199778690

Author: Dan Friedman

The Maryland State Constitution is the only comprehensive analysis of Maryland’s constitution. Dan Friedman provides an outstanding historical account of the state’s governing charter along with an in-depth, section-by-section analysis of the entire constitution, detailing the many signifigant changes that have been made since its initial drafting in 1867. In-depth commentary on the constitutional interpretation offers tremendous political and economic insight into each of the constitution’s provisions. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state’s constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Table of contents:

PART ONE: The History of the Maryland Constitution

The Maryland Constitution of 1776

Amendments to the 1776 Constitution

The Maryland Constitution of 1850–851

The Maryland Constitution of 1864

The Maryland Constitution of 1867

The Proposed Maryland Constitution of 1967–1968

Conclusion

PART TWO: The Maryland Constitution and Commentary

Introduction and Preamble

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 char

Article 6. Legislators and executive officers are trustees of public; right of people to reform or e

Article 7. Elections to be free and frequent; right of suff rage

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. Expost 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 unani

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; exceptio

Article 34. Rotation in executive departments

Article 35. Holding more than one office prohibited; persons in public trust not to receive presents

Article 36. Religious freedom

Article 37. Religious tests as qualification for office; oath of office

Article 38. Repealed

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 offi

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

Section 2. Time, place and manner of holding election for Governor and Lieutenant Governor; qualific

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 Delegate

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 Go

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

Section 17. Governor to approve or disapprove bills passed by legislature; reconsideration of vetoed

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 21 A. 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

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. Repealed

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; member

Section 11. Persons holding civil offices under State not eligible as Senators or Delegates; eligibi

Section 12. Disqualification to serve as Senator or Delegate or hold other office for failure to acc

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 o

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 offi

Section 24. Powers of House of Delegates as grand inquest of State; joint standing committee of Sena

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 r

Section 29. Style and titles of laws; laws to embrace but one subject; revival or amendment; amendme

Section 30. Bills to be presented to Governor for approval; laws to be recorded, printed, published

Section 31. When laws take effect

Section 32. Appropriations; contingent fund; statement of receipts and expenditures of public money

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 com

Section 35A. Compensation of public officers not exempt from income tax

Section 36. Lott ery grants

Section 37. Repealed

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 Sanit

Sections 40D–42. Repealed

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

Section 46. Power to receive grants from United States, administer and distribute same

Section 47. Transferred

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 c

Section 51. Where personal property shall be taxed

Section 52. How appropriations to be made; budget

Section 53. Repealed

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 pensi

Section 60. Suspension of sentences; indeterminate sentences; parole of convicts

Section 61. Slum clearance

Article IV: Judiciary 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 membe

Section 4B. Power of Commission on Judicial Disabilities; procedure; removal or retirement of judge

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 t

Section 10. Clerks of courts; duties; office and business governed by rules of Court of Appeals; fun

Section 11. Clerks of courts to certify election returns to Governor; Governor to issue commissions;

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

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 cour

Section 15. Judge who heard cause below disqualified; opinions to be filed; judgment of Court of App

Section 16. Reports

Section 17. Clerk

Section 18. Powers and duties of Chief Judge of Court of Appeals; assignment of judges; rule-making

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

Section 21. Number of judges; residence requirements; chief judge and associate judges; quorum; term

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: Courts of Baltimore City

Sections 27–39. Repealed

Part V: Orphans ’ Court

Section 40. Election and qualifications of judges; powers; compensation; vacancies; Montgomery and H

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 o

Section 41G. Commissioners

Section 41H. Reduction in salary of judge prohibited

Section 411. Implementation of certain amendments

Sections 42–43. Repealed

Part VII: Sheriffs

Section 44. Sheriffs

Section 45. Notaries public

Article V: Att orney-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 co

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 interes

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 c

Section 2. Powers and duties of Comptroller

Section 3. Powers and duties of Treasurer and deputies; signature of bonds, etc., of State; transfer

Section 4. Treasurer to render accounts to Comptroller, publish abstract thereof and submit copies t

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

Articles XI–XI-I: The Local Government Articles

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 council [members] not to hold other offices, etc., or be interested in city con

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 Assem

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 su

Section 3. Legislative bodies; chief executive officers; enactment, publication and interpretation o

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; amend

Section 7. “Petition” defined; authentication of signatures; duties of General Assembly; false s

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 aff ecting 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

Articles XI-G, XI-H, and XI-I: The Baltimore City Economic Development and Redevelopment Articles

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 proclamatio

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

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 trus

Section 4. Vacant

Section 5. Temporary replacement for officer unavailable to perform duties

Section 6. Vacant

Section 7. Time for holding general elections

Article XVI: The Referendum

Section 1. Reservation of power of referendum in people; article self-executing; additional legislat

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 thir

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

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