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Maryland Manual, 1994-95
Volume 186, Page 837   View pdf image
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Maryland Manual 1994-1995 Constitution of Maryland /837

CONSTITUTION OF MARYLAND

ADOPTED BY THE CONVENTION

Which Assembled at the City of Annapolis on the Eighth Day of May, Eighteen Hundred and Sixty-seven, and Adjourned
on the Seventeenth Day of August, Eighteen Hundred and Sixty-seven, and was Ratified by the People on the Eighteenth
Day of September, Eighteen Hundred and Sixty-seven, with Amendments through Nineteen Hundred and Ninety-two.

DECLARATION OF RIGHTS.

We, the People of the State of Maryland, grateful to Almighty God for our civil and religions liberty, and taking into our
serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent
security thereof, declare:

Article 1. That all Government of right originates from
the People, is founded in compact only, and 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.

Art. 2. The Constitution of the United States, and the
Laws made, or which shall be made, in pursuance thereof,
and all Treaties made, or which shall be made, under the
authority of the United States, are, and shall be the Su-
preme Law of the State; and the Judges of this State, and
all the People of this State, are, and shall be bound thereby;
anything in the Constitution or Law of this State to the
contrary notwithstanding.

Art. 3. The powers not delegated to the United States
by the Constitution thereof, nor prohibited by it to the States,
are reserved to the States respectively, or to the people thereof.

Art. 4. That the People of this State have the sole and
exclusive right of regulating the internal government and
police thereof, as a free, sovereign and independent State.

Art. 5. (a) That the Inhabitants of Maryland are enti-
tled to the Common Law of England, and the trial by Jury,
according to the course of that Law, and to the benefit of
such of the English statutes as existed on the Fourth day of
July, seventeen hundred and seventy-six; and which, by
experience, have been found applicable to their local and
other circumstances, and have been introduced, used and
practiced by the Courts of Law or Equity; and also of all
Acts of Assembly in force on the first day of June, eighteen
hundred and sixty-seven; except such as may have since
expired, or may be inconsistent with the provisions of this
Constitution; subject, nevertheless, to the revision of, and
amendment or repeal by, the Legislature of this State. And
the Inhabitants of Maryland are also entitled to all property
derived to them from, or under the Charter granted by His
Majesty Charles the First to Caecilius Calvert, Baron of
Baltimore.

(b) The parties to any civil proceeding in which the
right to a jury trial is preserved are entitled to a trial by jury
of at least 6 jurors.

(c) That notwithstanding the Common Law of Eng-
land, nothing in this Constitution prohibits trial by jury of
less than 12 jurors in any civil proceeding in which the right
to a jury trial is preserved.

Art. 6. That all persons invested with the Legislative
or Executive powers of Government are the Trustees of the
Public, and, as such, accountable for their conduct: Where-
fore, whenever the ends of Government are perverted, and
public liberty manifestly endangered, and all other means
of redress are ineffectual, the People may, and of right
ought, to reform the old, or establish a new Government;
the doctrine of non-resistance against arbitrary power and
oppression is absurd, slavish and destructive of the good
and happiness of mankind.

Art. 7.3 That the right of the People to participate in
the Legislature is the best security of liberty and the
foundation of all free Government; for this purpose, elec-
tions ought to be free and frequent; and every citizen
having the qualifications prescribed by the Constitution,
ought to have the right of suffrage.

Art. 8. 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 the duties of any other.

Art. 9. That no power of suspending Laws or the
execution of Laws, unless by, or derived from the Legisla-
ture, ought to be exercised, or allowed.

Art. 10. That freedom of speech and debate, or pro-
ceedings in the Legislature, ought not to be impeached in
any Court of Judicature.

Art. 11. That Annapolis be the place of meeting of the
Legislature; and the Legislature ought not to be convened,
or held at any other place but from evident necessity.

Art. 12. That for redress of grievances, and for amend-
ing, strengthening and preserving the Laws, the Legisla-
ture ought to be frequently convened.

Art. 13. That every man hath a right to petition the
Legislature for the redress of grievances in a peaceable and
orderly manner.

Art. 14. That no aid, charge, tax, burthen or fees ought
to be rated or levied, under any pretense, without the
consent of the Legislature.

Art. 15.4 That the levying of taxes by the poll is grievous
and oppressive, and ought to be prohibited; that paupers
ought not to be assessed for the support of the government;

 

1 Including amendments proposed by the General Assembly and ratified by the voters through Nov. 3, 1992.

2 Amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992.

3 Amended by Chapter 357, Acts of 1971, ratified Nov. 7, 1972.



 
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Maryland Manual, 1994-95
Volume 186, Page 837   View pdf image
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