6/Maryland Manual
the fourth constitution Maryland has had since
the first was adopted in 1777 during the War for
American Independence.
As Article 1 of the declaration of rights makes
clear, the source of all power and authority for
governing the state of Maryland is its citizens.
The article states that "all Government of right
originates from the People, is founded in compact
only, and is instituted solely for the good of the
whole; and they have, at all times, the inalienable
right to alter, reform or abolish their Form of
Government in such manner as they may deem
expedient." Thus, although the responsibility for
furthering the best interests of the citizens of
Maryland is vested in specific officers and offices
of state government, actual governing authority
remains with the registered voters of Maryland.
To be a registered voter, a person must be eigh-
teen years of age or older, a citizen of the United
States, and a resident of Maryland thirty days
prior to the date of an election.
Recognizing that it would be too cumbersome
for all persons to participate directly in the opera-
tion of government, the framers of Maryland's
Constitution of 1867 followed the precedent
established in earlier Maryland constitutions by
providing for the delegation of power to elected
repesentatives. To further guarantee the people's
liberty, the Constitution of 1867 provided for the
separation of powers of government into three
distinct branches—the executive, the legislative,
and the judicial—which exercise certain checks
and balances on each other.
The Executive Department, consisting of vari-
ous constitutional officers and agencies, is respon-
sible for statewide implementation and enforce-
ment of Maryland's laws and for providing
executive direction and centralized administrative
services. The chief executive officer is the gover-
nor, elected by the voters for a four-year term
each even-numbered year that is not a presiden-
tial election year. The governor is responsible for
ensuring that Maryland's laws are effectively exe-
cuted, that certain appointments as provided by
the Constitution or by law are made, that a bud-
get is presented annually to the legislature, and as
commander in chief of the military that the
armed forces of the state are able to meet whatev-
er emergency might arise. The governor may veto
legislation passed by the legislature, and it is he
who appoints judges to the state judiciary. The
governor is assisted by the lieutenant governor,
who runs for election on a joint ballot with the
candidate for governor. Duties of the lieutenant
governor are limited to those assigned him by the
governor. The governor and lieutenant governor
must each be at least thirty years old and a resi-
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dent and voter of Maryland for the five years im-
mediately preceding their election.
Other statewide executive officers are also pro-
vided for in the Constitution. The comptroller is
charged with the general superintendence of the
fiscal affairs of the state. The treasurer is respon-
sible for accounting for all deposits and disburse-
ments to or from the state treasury. The secretary
of state attests to the governor's signature on all
public documents and oversees all executive or-
ders, commissions, and appointments. The attor-
ney general serves as legal counsel to the gover-
nor, the legislature, and all state departments,
boards, and most commissions. Each of these ex-
ecutive officers serves a four-year term. The peo-
ple elect the comptroller and attorney general.
The treasurer is selected by joint ballot of both
houses of the General Assembly, and the secre-
tary of state is appointed by the governor. An
important agency of the executive department is
the Board of Public Works, composed of the gov-
ernor, the comptroller, and the treasurer, which is
responsible for approving all sums expended
through state loans, most capital improvements,
and the sale, lease, or transfer of all real property
owned by the state.
Until recently, Maryland, like most other states
in the union, had experienced a steady prolifera-
tion of agencies, boards, and commissions within
the executive department as the need for public
services increased. Between 1969 and 1972 the
General Assembly passed legislation creating
twelve new cabinet-level departments, encompas-
sing within them nearly 250 separate governmen-
tal entities. In order of their creation, the twelve
departments are: Health and Mental Hygiene,
Budget and Fiscal Planning, Natural Resources,
State Planning, Personnel, General Services, Hu-
man Resources, Public Safety and Correctional
Services, Licensing and Regulation, Economic
and Community Development, Transportation,
and Agriculture.
Each state department is headed by a secretary,
appointed by the governor with the consent of
the Senate, who serves at the pleasure of the gov-
ernor. Each secretary carries out the governor's
policies regarding the particular department and
is responsible for the department's operation.
Certain state agencies whose purpose or functions
did not permit easy integration into one of the
twelve cabinet-level departments have remained
independent, such as the State Department of As-
sessments and Taxation, the State Department of
Education, the Public Service Commission, and
the state universities and colleges. These perma-
nent executive departments, agencies, and com-
missions are augmented by special study commis-
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