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Maryland Manual, 1987-88
Volume 183, Page 7   View pdf image (33K)
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Maryland Govemment/7

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
ratified 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
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 public interest 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 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 elec-
tion.

Believing that it would be too cumbersome for
all persons to participate directly in the operation
of government, the framers of Maryland's Consti-
tution of 1867 followed the precedent established
in earlier Maryland constitutions by providing for
the delegation of power to elected representatives.
To guarantee the people's liberty, the Constitution
of 1867 provided for the separation of powers of
government into three distinct branches—the ex-
ecutive, legislative, and judicial—which exercise
certain checks and balances on each other.

The Executive Branch, consisting of various
constitutional officers and agencies, is responsible
for statewide implementation and enforcement of
Maryland's laws and for providing executive di-
rection 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 cer-
tain appointments as provided by the Constitution
or by law are made, that a budget is presented an-
nually 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 the governor who ap-
points 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 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
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 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 im-
portant agency of the executive department is the
Board of Public Works, composed of the gover-
nor, the comptroller, and the treasurer. The
Board is responsible for approving all sums ex-
pended through state loans, most capital improve-
ments, 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 ex-
ecutive branch of government was reorganized to
bring agencies with related functions together
under a new departmental structure. The General
Assembly passed legislation creating twelve new
cabinet-level departments, encompassing within
them nearly 250 separate governmental entities.
In order of their creation, the twelve departments
were: Health and Mental Hygiene, Budget and
Fiscal Planning, Natural Resources, State Plan-
ning, Personnel, General Services, Human Re-
sources, Public Safety and Correctional Services,

 



 
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Maryland Manual, 1987-88
Volume 183, Page 7   View pdf image (33K)
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