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58-680: 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). Maryland had constitutional conventions in 1776 and 1850–51. The state's 1864 constitution was written in a convention during the Civil War , while

116-400: A Republican state house member who was running for governor in that year's gubernatorial election , introduced a resolution to impeach incumbent Republican governor Larry Hogan . The resolution was seen as highly unlikely to be adopted. The resolution included six proposed articles of impeachment which made dozens of allegations against Hogan. The resolution alleged that Hogan had infringed

174-493: A governor (and often one or more other officials , such as a lieutenant governor and state attorney general ), a state legislature , and state courts , including a state supreme court (a few states have two high courts, one for civil cases, the other for criminal cases). They also provide general governmental framework for what each branch is supposed to do and how it should go about doing it. Additionally, many other provisions may be included. Many state constitutions, unlike

232-452: A "rambling, highly personal, defense plea ." Young wanted Northern Indians witnesses to be permitted to testify in his defense in the impeachment trial. The Council did not allow this, but did permit for a message from them to be read. Furthermore, Bland was only permitted by the council to speak on behalf of Young if a "matter of law should arise upon trial." English precedent for impeachment did not allow for counsel to speak on behalf of

290-569: A constitutional convention in 1967-68. 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 . Notably, juries in criminal cases are declared to be judges of law as well as fact, thus ensconcing in

348-469: A defendant. Young was imprisoned for much of his trial. His defense ended with him petitioning for a speedy conclusion to his sufferings or freedom on bail. However, it took nearly another year, until October 1683, until a verdict was reached. The Council found Young guilty, thereby removing him from his office. The Council further requested for the Assembly to pass a bill of attainer against him, which

406-453: 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,

464-614: Is unclear whether other officers, including local officials, can be impeached. However, a 1973 opinion written by the Office of the Attorney General of Maryland argued that the Maryland Constitution's impeachment provision can be interpreted to allow the impeachment of sheriffs . The opinion was written at the prompting of Marvin Mandel in response to a scandal involving a sheriff of Frederick County. In February 2022, Dan Cox ,

522-596: The American Civil War are not counted. The District of Columbia has a charter similar to charters of major cities, instead of having a constitution like the states and territories. The District of Columbia Home Rule Act establishes the Council of the District of Columbia , which governs the entire district and has certain devolved powers similar to those of major cities. Congress has full authority over

580-666: 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

638-512: The Province of Maryland and has been legally permitted during Maryland's statehood. Impeachment allows a legislative body to remove an official from office after a trial. In 1699, John Morecroft, a member of the Assembly of Free Marylanders (Maryland's lower house ) and St. Mary's Parish judicial officeholder, was impeached by the assembly. Hoffer's impeachment was initiated by a petition brought by influential trader Robert Morris . Petition

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696-628: The Senate . An absolute majority is the threshold required for an impeachment by the House of Delegates. For impeachment trials in the Senate, all senators are required to take an oath or affirmation to "do justice according to the law and evidence." An absolute two-thirds is the threshold required for a conviction in an impeachment trial. The constitution explicitly states that the governor and lieutenant governor and judges are subject to impeachment. It

754-533: 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. 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

812-544: The Supreme Court of Maryland in Unger vs. Maryland (2012). 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 . 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

870-639: The United States Virgin Islands — are organized, but have not adopted their own constitutions. One unorganized territory, American Samoa, has its own constitution. The remaining 13 unorganized territories have no permanent populations and are either under direct control of the U.S. Government or operate as military bases. The commonwealths of Puerto Rico and the Northern Mariana Islands (CNMI) do not have organic acts but operate under local constitutions. Pursuant to

928-467: The sheriff of Caecill County , was impeached on May 27, 1676, for battery and perjury . Peter Hoffer and N. E. H. Hull wrote that, The indictment of James on May 27, 1676 for falsely swearing before a justice of the peace , inducting two other witnesses to follow his lead, and then assaulting another settler, Edward Pinne, may have arisen from a police officer's overzealousness or from an obscure political struggle. Nevertheless, on June 1, 1676,

986-533: 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 , 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

1044-527: The Assembly of the procedural errors it believed had been made. In 1676 Thomas Truman , who had represented Calvert County in the lower house of the Maryland Assembly in 1661 and 1662, and then served in the Assembly's Upper House, was impeached. Trueman had led a militia in a failed siege of a fortress belonging to Susquehannock natives, and ordered five sachems that were held as hostages to be executed. Peter Hoffer and N. E. H. Hull wrote that

1102-488: The Assembly refused to do. The two houses then reached an agreement to pass a bill of punishment with an effective clause allowing for Young's freedom upon recognizances for his good behavior, with the further punishment of banishment. Per the current language of the (fourth) Constitution of Maryland, adopted in 1867 and amended since, the House of Delegates has the sole power to impeach and all impeachments shall be tried in

1160-594: The Assembly. He argued that the Assembly had acted in a manner that he called, "not any ordinary and just way of impeaching." He argued that the manner that the Assembly had acted, "is prosecuted to this honourable House in such a Form and manner it is unusual in matters of this kind to be observed and prosecuted." He also argued that the matter should instead be resolved in provincial court where Morris would be able to legally sue him. The Council agreed with Morecroft's arguments, including those about improper procedure having taken place. The Council acquitted Morecroft and advised

1218-645: The Council found James to be guilty and removed him from his office. The Council did not consider a criminal penalty. In 1682, Jacob Young, a Delaware resident that worked for Maryland's prominent Calvert family as an Indian (Native American) interpreter, was impeached. Peter Hoffer and N. E. H. Hull recount that Young had upset the Calverts by siding too often with the Susquehannocks . Hoffer and Hull write that, From September 1681 to November 1683,

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1276-591: The Indians at times likely to cause mischief, failing to mediate between the Northern Indians and other parties according to his instructions as an officer of the government, marrying an Indian, and, in a charge specified when the case came to the upper house, leading raids against the Piscattaway. These charges were well within the scope of a "constructive treason" under the statute of 25 Edward III, but

1334-584: The Maryland books were filled with statutes regulating commerce with the Indians; Young seems to have ignored these laws. Finally, Maryland, like England, imposed stiff penalties on the raisers of riots and tumults. These were common in late seventeenth-century Maryland, and one gathers that Young was practiced in them. Kenelm Cheseldyn refused to act as Young's defense. Thomas Bland was named to help Young in preparing Young's reply. On November 14, 1682, Young submitted what Hull and Hoffer characterize as having been

1392-630: 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 slaves were emancipated by constitutional amendment,

1450-581: The United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government ." These two provisions indicate states did not surrender their wide latitude to adopt a constitution,

1508-649: The United States of America, which controls the relationship between the CNMI and the United States; and the local commonwealth constitution, drafted in 1976, ratified by the people of the CNMI in March 1977, accepted by the United States Government in October 1977, and effective from 9 January 1978. The following is a list of the current constitutions of the states in the United States. Each entry shows

1566-484: The United States, each state has its own written constitution. They are much longer than the United States Constitution , which only contains 4,543 words. State constitutions are all longer than 8,000 words because they are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont , adopted in 1793 and currently 8,295 words long. The longest

1624-613: The acquisition of Puerto Rico under the Treaty of Paris, 1898 , the relationship between Puerto Rico and the United States is controlled by Article IV of the United States Constitution. Constitutional law in the CNMI is based upon a series of constitutional documents, the most important of which are the 1976 Covenant to Establish a Commonwealth of the Northern Mariana Islands in political union with

1682-453: The act in question. The Council forbid to allow any natives to testify against a white man such as Young. As of the fall of 1682, those against Young could only bring forth Colonel Henry Coursey (a fellow Indian negotiator and member of the council) to testify against Young. Since an impeachment trial was decided against, the Council suggested that the Assembly might perhaps impeach Young for "high misdemeanors". After some discussion between

1740-407: 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

1798-660: The constitution the right of (what is commonly called) jury nullification —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 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

Constitution of Maryland - Misplaced Pages Continue

1856-572: The creation of a Militia and for the appointment of an Adjutant General by the Governor to manage the Militia. 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 to

1914-536: The district and may amend the charter and any legislation enacted by the Council. Attempts at statehood for the District of Columbia have included the drafting of three constitutions in 1982 1987, and 2016 all referring to the district as the "State of New Columbia ". Impeachment in Maryland In the American state of Maryland , the practice of impeachment has existed since its colonial era as

1972-482: The duties of any other." 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). 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

2030-675: The event of a tie, impeachment for misconduct, and the process for replacement if the office becomes vacant temporarily or permanently due to death, resignation, disability or impeachment. 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. Article IV creates

2088-461: The executive and both houses of the colonial assembly wrestled with the problem of bringing Young to justice. The issues raised in that long controversy suggest that the case against Young was no mere partisan squabble. The quasi-diplomatic role of the Indian interpreters and traders, with their powerful influence upon the tribes, affected the security of the colony. The survival of Maryland, at least in

2146-616: The eyes of its government, depended upon the loyalty of these men, and Young was a would-be warlord of the frontier counties. It was first sought by the Calverts for Young to be tried for treason before a special court of oyer and terminer . Hearings before special courts of oder and terminal was a regular practice in Colonial America for quickly addressing important cases. The Council gave this some consideration, but ultimately judged against it. English statute had forbidden trials for treason to take place without two witnesses to

2204-501: The federal constitution, also begin with an invocation of God . Some states allow amendments to the constitution by initiative . Many states have had several constitutions over the course of their history. The territories of the United States are "organized" and, thus, self-governing if the United States Congress has passed an Organic Act . Two of the 14 territories without commonwealth status — Guam and

2262-444: The fundamental documents of state law , when the U.S. Constitution was adopted. Typically state constitutions address a wide array of issues deemed by the states to be of sufficient importance to be included in the constitution rather than in an ordinary statute. Often modeled after the federal Constitution, they outline the structure of the state government and typically establish a bill of rights , an executive branch headed by

2320-519: 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

2378-530: The individual liberties of Maryland residents with safety measures he imposed in the early onset of the COVID-19 pandemic , including vaccine mandates for healthcare workers, closures for non- essential businesses, and restrictions on in-person religious gatherings. The resolution also alleged that Hogan had, "awarded procurement contracts based on political relationships, misspent Marylanders’ tax dollars on unusable COVID-19 test kits, and intentionally misled

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2436-442: The lower house did not choose to accuse him of that offense. His crimes, if he was guilty of the charges, were nevertheless more serious than misdirected personal allegiance. One must recognize the great extra-legal power he wielded. The Northern Indians had once before brought the colony to its knees. If, in the employ of the colony, he had violated his duties as an interpreter, he could be accused of malfeasance in office. In addition,

2494-481: The office becomes vacant. 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. Article VII provides for the election of County Commissioners. Article VIII requires the legislature to establish a set of Free Public Schools, and to support them "by taxation or other means." Article IX provides for

2552-432: The ordinal number of the current constitution, the official name of the current constitution, the date on which the current constitution took effect, and the estimated length of the current constitution. Also below are a description of organic instruments with respect to additional territory. Constitutions of states that were independent countries prior to admission, and constitutions used by rebelling states participating in

2610-405: The petition for the impeachment was illegal. However, the Council found Trueman to be guilty on May 26, 1676. The Council requested for the Assembly to pass a bill of attainder to impose criminal punishment on Trueman, proposing an execution. However, the Assembly instead desired to only impose a fine on Trueman. Trueman was fined and released under a bond for good behavior. Charles James,

2668-407: The reason for impeachment by the assembly to have been "partly for his bungling, partly to placate other tribes, and partly for an obvious felony." The impeachment accused Trueman of "diverse and Sundry Enormous Crimes and Offenses." Involved in the impeachment as an assembly member was John Morecroft, who had himself been impeached years earlier. In his impeachment trial before the council, Trueman

2726-474: The research of Hoffer and Hull, this was the first impeachment in the Thirteen Colonies to lead to an impeachment trial . During the impeachment trial before the council, in addition to refuting the charges brought against him, Morecroft centered his defense on deviations that the impeachment action had taken from what he argued to proper procedure, including the lack of impeachment managers from

2784-484: The two houses, the Assembly decided to impeach. The Assembly wrote articles of impeachment. Young did not help his case by drunkenly having declared that he could do whatever he wanted in regards to natives. Hoffer and Hull write that, The assembly impeached him for bringing the proprietary into disrepute among the Indians, urging the Northern Indians to war against the Piscattaway in the province, speaking for

2842-469: 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. State constitution (United States) ( Alabama to Missouri , Montana to Wyoming ) In

2900-723: The voters did not choose to call a convention. 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 2012. In 1910, the Digges Amendment was proposed, to increase property requirements for voter registration. It would have effectively disfranchised most African Americans 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

2958-455: 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 United States Constitution . 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

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3016-480: Was Alabama 's sixth constitution , ratified in 1901, about 345,000 words long, but rewritten in 2022. Both the federal and state constitutions are organic texts : they are the fundamental blueprints for the legal and political organizations of the United States and the states, respectively. The Tenth Amendment to the United States Constitution (part of the Bill of Rights ) provides that "The powers not delegated to

3074-441: Was a method of impeachment carried over from English impeachment . This means was used by Morris because Morris was not a member of the assembly himself. This petition came after Morecroft had sued Morris in provincial court for libel . The articles of impeachment brought against Morecroft accused Morecroft of having: The true motivation Morecroft's fellow assembly members had in bringing these charges against him, however,

3132-459: 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. 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 judges of

3190-416: Was defended by attorney Kenelm Cheseldyn . Cheseldyn's signature had, incidentally, also appeared on the articles of impeachment. Similar to Morecroft's defense in his impeachment, Cheseldyn argued on Trueman's defense that the impeachment had not followed what he insisted would be proper procedure for an impeachment. He argued that no testimony had been taken from Trueman prior to his impeachment and that

3248-494: Was left in place, presumably as symbolic rather than effective. Maryland's Constitution describes the separation of powers 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

3306-705: 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 was approved. In 2008, two amendments were proposed on the 2008 U.S. presidential election ballot for the state of Maryland. The first amendment proposed to allow early voting in state and allow qualified voters to vote at polling places outside of their home district. The amendment

3364-414: Was that Morecroft acted as a spokesperson for the council (the upper house ) during earlier debate regarding the colony's charter. Maryland's charters, patents, and statues all lacked provisions for impeachment. The Assembly forwarded the articles of impeachment to the council. However, the Assembly diverged from English practice by not sending any impeachment managers (prosecutors) from its body. Per

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