6/Maryland Manual
MARYLAND GOVERNMENT

The government of Maryland is based on a
written compact known as the Constitution of
Maryland. The Constitution of Maryland, consist-
ing of a bill of rights, the operational sections of the
Constitution proper, and those amendments rati-
fied to date, was adopted in 1867. It is 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 origi-
nates 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 llie responsibility fur 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 regis-
tered voters of Maryland. To be a registered voter,
a person must be eighteen 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 estab-
lished in earlier Maryland constitutions by provid-
ing for the delegation of power to elected represen-
tatives. To further guarantee the people's liberty,
the Constitution of 1867 provided for the separa-
tion of powers of government into three distinct
branches—the executive, the legislative, and the
judicial—which exercise certain checks and bal-
ances on each other.

The Executive Department, consisting of various
constitutional officers and agencies, is responsible
for statewide implementation and enforcement of
Maryland's laws and for providing executive direc-
tion and centralized administrative services. The
chief executive officer is the governor, elected by
the voters for a four-year term each even-num-
bered year that is not a presidential election year.
The governor is responsible for ensuring that
Maryland's laws are effectively executed, that
certain appointments as provided by the Constitu-
tion or by law are made, that a budget 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 whatever 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 resident and voter of Maryland for
the five years immediately 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 responsi-
ble 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 governor,
the legislature, and all state departments, boards,
and most commissions. Each of these executive
officers serves a four-year term. The people elect
the comptroller and attorney general. The treasur-
er is selected by joint ballot of both houses of the
General Assembly, and the secretary of state is
appointed by the governor. An important agency
of the executive department is the Board of Public
Works, composed of the governor, the comptroller,
and the treasurer, which is responsible for approv-
ing all sums expended through state loans, most
capital improvements, and the sale, lease, or trans-
fer 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 governmental
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. The Department of Education was
made a principal department in 1976, and in 1983
the Department of Employment and Training was
created as the fourteenth department within the
executive branch.