Malcolm Rivera
The Constitution of Maryland has been amended several times since its ratification in 1867. Amendments to the constitution are proposed by the state legislature and must be approved by a majority of Maryland voters. In 2024, Maryland voters approved an amendment to enshrine the right to abortion in the state's constitution, affirming the state's commitment to reproductive freedom. This amendment was added to the Maryland Constitution, which already includes a Declaration of Rights, guaranteeing trial by jury, due process, freedom of the press, and religion, among other protections.
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What You'll Learn
- Maryland's constitution was ratified on September 18, 1867
- The constitution has been amended approximately 200 times
- Amendments are proposed by the state legislature with a three-fifths vote
- Maryland voters approved an amendment to enshrine abortion rights in 2024
- The constitution includes a Declaration of Rights
Maryland's constitution was ratified on September 18, 1867
The current Maryland Constitution, which was ratified on September 18, 1867, is the basic law for the state of Maryland. The Constitution of 1867 was drafted by a convention that met at the state capital, Annapolis, from May 8 to August 17, 1867. It replaced the Maryland Constitution of 1864, which was written during the Civil War when Unionists had temporary control of the state. The 1867 Constitution was submitted to the adult white male citizens of Maryland for ratification and was approved by a vote of 47,152 to 23,036. It came into effect on October 5, 1867.
The Maryland Constitution is one of the longest state constitutions in the United States, with approximately 47,000 words (including annotations). In contrast, the average length of a state constitution is about 26,000 words, while the United States Constitution is around 8,700 words long. The Maryland Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but is broader in scope. It guarantees certain rights and freedoms, including trial by jury, due process, freedom of the press, and freedom of religion. It also forbids the passage of ex post facto laws and cruel and unusual punishment.
Amendments to the Maryland Constitution are proposed by the state legislature and must be approved by a three-fifths vote in both chambers. These amendments are then put to a referendum, where they must be ratified by a simple majority of voters during the next general election. When the Maryland Constitution is amended, the official text of the document is edited to remove outdated language. However, printed versions of the constitution typically include annotations that indicate which portions have been amended or removed.
The Maryland Constitution has been amended approximately 200 times since its ratification in 1867. The most recent amendment occurred in 2024. Every 20 years, Maryland voters are asked if they wish to convene a state constitutional convention to consider more substantial changes.
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The constitution has been amended approximately 200 times
The United States Constitution has been amended approximately 27 times since it was adopted in 1787. The process of amending the Constitution is outlined in Article Five of the document, which requires that amendments be properly proposed and ratified before becoming operative. This can occur through a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. Notably, this latter method has never been used.
The first ten amendments, known collectively as the Bill of Rights, were ratified simultaneously and became part of the Constitution in 1791. These amendments addressed congressional apportionment, congressional pay, and individual rights. The 12th Amendment, which established the Electoral College, was added in 1804, and the 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, were added following the Civil War. The 19th Amendment, ratified in time for the 1920 Presidential election, granted women the right to vote.
The Constitution has also been amended to address specific issues that arose at different points in history. For example, the 22nd Amendment, ratified in 1951, limited the President to two terms in office. The 23rd Amendment gave the District of Columbia three electoral votes, and the 24th Amendment outlawed the poll tax. The 25th Amendment, ratified in 1967, outlines the procedure when a President is unable to perform their duties.
The process of amending the Constitution in Maryland follows a similar pattern, with amendments proposed by the state legislature and then ratified by a majority vote in a referendum. The Maryland Constitution, which includes a Declaration of Rights similar to the US Bill of Rights, was last amended in 2024 and is much longer than the average state constitution. Notably, the Maryland Constitution does not guarantee a right to bear arms, making it one of the few state constitutions that lack this provision.
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Amendments are proposed by the state legislature with a three-fifths vote
The Maryland Constitution, which was ratified on September 18, 1867, has been amended approximately 200 times. Amendments to the constitution are proposed by the state legislature with a three-fifths vote in both chambers. Each amendment must be proposed in a separate bill, embodying the constitutional article or section. Amendments are proposed by the General Assembly, which can be done by the legislative process or a state constitutional convention.
The legislative process requires a 60% vote during one legislative session for the Maryland State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
A state constitutional convention is called if a majority of voters request it. The question of whether to hold a convention appears on the state's ballot every 20 years, beginning in 1970. At the latest election in 2010, voters did not choose to call a convention.
Amendments must be approved by three-fifths of all members elected to each of the two houses of the General Assembly, then published in newspapers across the state and approved by a majority of Maryland voters. For example, in 2024, Maryland voters approved an amendment to enshrine the right to abortion in the state's constitution.
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Maryland voters approved an amendment to enshrine abortion rights in 2024
In 2024, Maryland voters approved an amendment to enshrine abortion rights in the state's constitution. This amendment was proposed by the state legislature and ratified by a majority of voters, in line with the process for amending the Maryland Constitution. The amendment states that the state may not interfere with the right to abortion "unless justified by a compelling state interest achieved by the least restrictive means".
Maryland's constitution was last amended in 2024 to include this right to reproductive freedom. The amendment was added to the state's constitution, which already guarantees trial by jury, due process, freedom of the press, and freedom of religion. The Maryland Constitution is one of the lengthiest state constitutions in the United States, with approximately 47,000 words.
The process of amending the Maryland Constitution begins with the state legislature, which proposes amendments with a three-fifths vote in both chambers. These proposed amendments are then published in newspapers across the state. Finally, they must be approved by a simple majority of voters in a referendum that is held at the same time as the next general election. This process differs from that of amending the federal constitution, where the official text of the document is edited to remove language that is no longer in force.
The Maryland Constitution is one of 14 state constitutions that automatically includes a question about holding a state constitutional convention every 20 years. The last time this question was asked, in 2010, voters did not choose to call for a convention. However, Maryland has held constitutional conventions in the past, including in 1776, 1850-51, and 1967-68. The current constitution, ratified in 1867, is the fourth constitution under which the state has been governed.
The 2024 amendment to enshrine abortion rights in Maryland's constitution came after the U.S. Supreme Court overturned Roe v. Wade in 2022. While Maryland law already protected abortion rights, the constitutional amendment adds an extra layer of protection, making it more difficult to change the law in the future. This amendment demonstrates the state's commitment to safeguarding reproductive freedom for its residents.
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The constitution includes a Declaration of Rights
The Constitution of Maryland, which was ratified on September 18, 1867, includes a Declaration of Rights. This Declaration of Rights is similar to the U.S. Bill of Rights but is broader in scope. It guarantees certain freedoms and protections, such as trial by jury, due process, freedom of the press, and freedom of religion. It also forbids the passage of ex post facto laws and cruel and unusual punishment.
The Maryland Constitution is unique in that, when it is amended, the official text of the document is edited to remove language that is no longer in force. This is in contrast to the federal constitution, which typically includes annotations indicating which portions have been amended or removed.
The Declaration of Rights in the Maryland Constitution also incorporates the US Constitution under Article 2, thereby binding the state to the Supreme Law of the United States. However, it is worth noting that the Maryland Constitution is one of the few state constitutions that do not guarantee a right to bear arms. While it acknowledges that "a well-regulated Militia is the proper and natural defence of a free Government," it does not explicitly include the equivalent of the Second Amendment.
The current Maryland Constitution is the fourth constitution under which the state has been governed. It replaced the short-lived Maryland Constitution of 1864, which was written during the Civil War when Unionists temporarily controlled Maryland. The 1864 constitution changed the basis of representation in the General Assembly to maintain power in the hands of the white elite. The Maryland Constitution of 1867 was drafted by a convention that met in Annapolis between May 8 and August 17, 1867, and took effect on October 5, 1867. It was last amended in 2024.
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Frequently asked questions
Yes, Maryland voters approved a ballot measure to enshrine the right to abortion in the state’s constitution in 2024.
The amendment aimed to protect the right to reproductive freedom and ensure that the state may not interfere with that right "unless justified by a compelling state interest achieved by the least restrictive means."
Maryland's constitution has been amended approximately 200 times since its ratification in 1867. Amendments can be proposed by the state legislature with a three-fifths vote in both chambers and must be ratified by a majority of voters. Every 20 years, Maryland voters decide whether to call for a constitutional convention to draft a new constitution.
