clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 143   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

[Art. 14] AMENDMENTS TO THE CONSTITUTION 143

of the two Houses, by yeas and nays, to be entered on the Journals with the
proposed Amendment. The Bill or Bills proposing amendment or amend-
ments shall be published by order of the Governor, in at least two news-
papers in each County, where so many may be published, and where not
more than one may be published, then in that newspaper, and in three
newspapers published in the City of Baltimore, one of which shall be in the
German language, once a week for at least three months preceding the next
ensuing general election, at which the proposed amendment or amendments
shall be submitted, in a form to be prescribed by the General Assembly, to
the qualified voters of the State for adoption or rejection. The votes cast
for and against said proposed amendment or amendments, severally, shall
be returned to the Governor, in the manner prescribed in other cases, and
if it shall appear to the Governor that a majority of the votes cast at said
election on said amendment or amendments, severally, were cast in favor
thereof, the Governor shall, by his proclamation, declare the said amend-
ment or amendments having received said majority of votes, to have been
adopted by the people of Maryland as part of the Constitution thereof, and
thenceforth said amendment or amendments shall be part of the said Con-
stitution. When two or more amendments shall be submitted in manner
aforesaid, to the voters of this State at the same election, they shall be so
submitted as that each amendment shall be voted on separately.

A proposed amendment to the Constitution need not be submitted to the Governor
for his approval before it is voted on by the people, and the Governor has no authority
to veto such a bill. Bills held not to contain distinct legislation. Mandamus may issue
to command the Governor to publish proposed amendments to the Constitution in ac-
cordance with this section. When such amendments do not embrace distinct legislation.
The term, "general assembly" as used in this section means the two houses of the legis-
lature. Amendments to, and methods of amending, the various Maryland Constitutions;
prerogative of the Governor thereunder. Warfield v. Vandiver, 101 Md. 108. (See also
dissenting opinion, pages 128-132. )

The amendment to art. 7, sec. 1, proposed by the act of 1890, ch. 255, held to have
been validly adopted. Since this section confides to the Governor exclusively the power
and duty of ascertaining the result of a vote on a constitutional amendment, no juris-
diction is conferred on the court of appeals to revise his decision. Upon the proclama-
tion of the Governor that a proposed amendment has received a majority of the votes
cast, it becomes eo instanti a part of the Constitution. See notes to art. 7, sec. 1.
Worman v. Hagan, 78 Md. 163.

The legislature may not make the validity of a public general statute dependent upon
its approval by a majority of the voters of the state under a referendum; hence the
soldiers' bonus act, act 1922, ch. 448, is void. The legislature may not delegate its law-
making power. The general assembly of Maryland has the exclusive power of making
laws, subject to certain veto powers of the Governor. Other constitutional questions not
passed upon. Brawner v. Supervisors, 141 Md. 592.

Sec. 2. It shall be the duty of the General Assembly to provide by Law
for taking, at the general election to be held in the year eighteen hundred
and eighty-seven, and every twenty years thereafter, the sense of the people
in regard to calling a convention for altering this Constitution; and if a
majority of voters at such election or elections shall vote for a convention,
the General Assembly, at its next session, shall provide by Law for the
assembling of such convention, and for the election of Delegates thereto.
Each County and Legislative District of the City of Baltimore shall have
in such convention a number of Delegates equal to its representation in
both Houses at the time at which the convention is called. But any
Constitution, or change, or amendment of the existing Constitution, which
may be adopted by such convention, shall be submitted to the voters of this
State, and shall have no effect unless the same shall have been adopted by
a majority of the voters voting thereon.


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 143   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives