Eleanor Finch
The current Maryland Constitution, ratified in 1867, is the fourth constitution under which the state has been governed. It was last amended in 2024 and is much longer than the average state constitution in the US. Before the current version, Maryland had three other constitutions, in 1776, 1850-51, and 1864. The 1776 constitution, the first state constitution, was drawn up by a convention in Annapolis and did not refer to parliament or the king, instead establishing a government of the people only. However, the document kept political power in the hands of male citizens who met a minimum property requirement.
| Characteristics | Values |
|---|---|
| Current Constitution Ratified | September 18, 1867 |
| Previous Constitutions | 1776, 1850-51, 1864 |
| Length | Approximately 47,000 words (including annotations) |
| Amendments | Amended almost 200 times, most recently in 2024 |
| Religious Freedom | Limited guarantee against religious disabilities to those who believe in God and divine rewards and punishments |
| Voting Requirements | Defines requirements for holding elections, qualifications to vote, and penalties for voter misconduct |
| Executive Branch | Establishes the offices of Governor and Lieutenant Governor, their qualifications, and the process for replacement |
| Legislative Branch | Consists of two distinct branches, a Senate and a House of Delegates (General Assembly of Maryland) |
| Judicial Branch | States that the Legislative, Executive, and Judicial powers of the Government should be separate and distinct |
| Militia | Does not guarantee a right to bear arms, but states that a "well-regulated Militia is the proper and natural defence of a free Government" |
| Historical Context | Written during the Civil War when Unionists temporarily controlled Maryland |
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What You'll Learn
The current Constitution of Maryland was ratified in 1867
The current Constitution of the State of Maryland was ratified by the people of the state on September 18, 1867. It forms the basis of the law for the US state of Maryland. The Maryland Constitution is one of the few state constitutions that lack the equivalent of the federal Second Amendment. It does not guarantee the right to bear arms. Instead, it states that ""a well-regulated Militia is the proper and natural defence of a free Government."
The 1867 Constitution of Maryland replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2024, making it one of the most frequently amended state constitutions in the US. The Maryland Constitution is also much longer than the average state constitution, with approximately 47,000 words compared to the average of 26,000 words.
The state's previous constitution, the Maryland Constitution of 1864, was written during the Civil War when Unionists temporarily controlled Maryland. It was approved by a slim majority of 50.31% of the state's eligible voters, including Maryland men serving in the Union army outside the state. This constitution temporarily disenfranchised approximately 25,000 men in Maryland who had pro-Confederate sympathies.
Before the Maryland Constitution of 1864, the state had two other constitutions. The first was the Maryland Constitution of 1776, which was written during the American Revolutionary War. This constitution ended the position of the Church of England as the state-supported religion and granted all Christians, including Roman Catholics, freedom of worship. It also included a Declaration of Rights, which stated that all power emanated from the people and that the governors were accountable to them. However, despite this declaration, the Maryland government at the time was one of the least democratic, with power concentrated in the hands of a small elite of wealthy men. The 1776 constitution was amended 66 times, most notably in 1837 to provide for a popularly elected governor.
Maryland's first constitution was established in 1632, and the state has had a rich history of constitutional development and amendment since then. The current Maryland Constitution of 1867 continues to be a living document, amended over time to reflect the changing needs and values of the state and its people.
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It has been amended almost 200 times
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, has been amended almost 200 times. This makes it much more frequently amended than the average state constitution, which has been amended approximately 115 times. The Maryland Constitution was last amended in 2024, and before that in 2018.
The state's first constitution was written in 1776, and it was amended 66 times. Notably, in 1837, it was amended to provide for a popularly elected governor instead of one chosen by the legislature. The 1776 Constitution was significant because it ended the position of the Church of England as the state-supported religion, granting all Christians, including Roman Catholics, freedom of worship. It also included a Declaration of Rights, which stated that all power emanated from the people and that the governors were accountable to them.
The Maryland Constitution of 1867 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 while the Unionists temporarily controlled Maryland. The 1864 constitution was approved by a bare majority (50.31%) of the state's eligible voters, including Maryland men serving in the Union army outside the state. It temporarily disenfranchised approximately 25,000 men in Maryland.
Over the years, the Maryland Constitution has been amended numerous times to reflect changing societal needs and values. For example, in 1970, voters approved an amendment that created the office of the Lieutenant Governor of Maryland. In 1972, an amendment was approved to create the current legislative district system of the Maryland General Assembly. In 2012, three constitutional amendments were proposed on the U.S. presidential election ballot, two of which aimed to require judges of the Orphans' Courts for Prince George's County and Baltimore County to have a Maryland state law license and be members of the Maryland Bar Association. These amendments were approved with nearly 88% of the vote.
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It is much longer than the average state constitution
The current Constitution of the State of Maryland, ratified in 1867, is the fourth constitution under which the state has been governed. It was last amended in 2024, and at approximately 47,000 words, is much longer than the average state constitution, which tends to be around 26,000 words. The US Constitution, for comparison, is about 8,700 words long.
The Maryland Constitution has been amended almost 200 times, while the average state constitution has been amended approximately 115 times. This frequency of amendment is perhaps one reason why the Maryland Constitution is so long.
The state's first constitution was written in 1776, and its second in 1850-51. The 1864 constitution was written during the Civil War, under Unionist control, and temporarily disenfranchised around 25,000 men in Maryland who were serving in the Confederate army. The 1867 constitution replaced this 1864 version and was approved by a bare majority (50.31%) of the state's eligible voters.
The Maryland Constitution is one of the few state constitutions that lack the equivalent of the federal Second Amendment. It does not guarantee a right to bear arms, and it limits the guarantee against religious disabilities to those who believe in God and divine rewards and punishments.
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It lacks the equivalent of the federal Second Amendment
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, is the fourth constitution under which the state has been governed. It was last amended in 2024. The Maryland Constitution is much longer than the average state constitution in the United States, with around 47,000 words. It has been amended almost 200 times, most recently in 2024.
The Maryland Constitution is one of the few state constitutions that lacks the equivalent of the federal Second Amendment. While the Declaration of Rights states that "a well-regulated Militia is the proper and natural defence of a free Government," it does not guarantee the right to bear arms. This reflects Maryland's history of religious tolerance and limits the guarantee against religious disabilities to those who believe in God and divine rewards and punishments.
Article 36 of the Maryland Constitution includes the wording:
> nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come.
In 1961, the US Supreme Court unanimously ruled in the case of Torcaso v. [name omitted] that the Maryland Constitution does not guarantee the right to bear arms. This sets it apart from the federal Second Amendment, which is often interpreted as protecting an individual's right to possess and carry firearms.
The absence of an equivalent to the Second Amendment in Maryland's Constitution highlights the state's unique approach to the issue of gun rights and religious freedom. It demonstrates a focus on maintaining a separation between church and state while also prioritizing public safety and a well-regulated militia.
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It includes a Declaration of Rights
The current Constitution of the State of Maryland was ratified in 1867. It is the fourth constitution under which the state has been governed and was last amended in 2024. The Maryland Constitution is much longer than the average state constitution in the United States, with approximately 47,000 words.
The Maryland Constitution of 1776 included a Declaration of Rights. This Declaration of Rights was more than a bill of rights, enunciating certain rights reserved for the people. The declaration stated that all government power originates from the people and that the governors were accountable to them. This ended the position of the Church of England as the state-supported religion, granting all Christians, including Roman Catholics, freedom of worship.
The 1776 Constitution also allowed for the direct election of delegates to the Maryland General Assembly and the indirect election of State Senators. The document further outlined that the Legislature should consist of two distinct branches: a Senate and a House of Delegates, which would be styled the General Assembly of Maryland. It also specified the manner in which the House of Delegates would be chosen. All freemen above twenty-one years of age, possessing a freehold of fifty acres of land in the county in which they offered to vote, and residing therein, would have the right of suffrage in the election of Delegates for such a county.
The Declaration of Rights also separated the executive, legislative, and judicial branches of government. Before the 1776 Constitution, Maryland had a simple form of government without separate branches for legislative, executive, and judicial power. The 1776 Constitution was amended 66 times, notably in 1837, to provide for a popularly elected governor instead of one chosen by the legislature.
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Frequently asked questions
The current version of the Maryland Constitution was ratified in 1867.
The current Maryland Constitution is approximately 47,000 words long, including annotations. This is much longer than the average state constitution in the United States, which is around 26,000 words.
The Maryland Constitution has been amended almost 200 times, with the most recent amendment occurring in 2024.
The Maryland Constitution of 1776 was the state's first constitution, formed by a group of powerful Marylanders who wanted to create a new government for the state. This constitution ended the position of the Church of England as the state-supported religion and granted all Christians freedom of worship. It also included a Declaration of Rights, which stated that all power emanated from the people and that the government was accountable to them.
The Maryland Constitution of 1776 established a bicameral legislature consisting of a Senate and a House of Delegates, known as the General Assembly of Maryland. It also set property requirements for voting, with citizens needing to own 50 acres of land or £30 of property to be eligible to vote for representatives in the House. The governor was elected by the Senate and the House, and most local offices were appointed by the governor.
