Eleanor Finch
The Maryland Constitution is the basic law that governs the state of Maryland. The state has had four constitutions, with the current one being ratified on September 18, 1867. The first constitution was written in 1776 and was drafted by a convention that met in Annapolis on August 14, 1776, and completed its work on November 11, 1776. The 1776 constitution defined the Maryland General Assembly and acknowledged the power of county governments to administer their own affairs. It also included a Declaration of Rights, which ended the position of the Church of England as the state-supported religion and granted freedom of worship to all Christians.
| Characteristics | Values |
|---|---|
| Date written | August 14, 1776 - November 11, 1776 |
| Date ratified | September 18, 1867 |
| Date took effect | October 5, 1867 |
| Number of words | Approximately 47,000 (including annotations) |
| Number of amendments | Approximately 200 |
| Last amended | 2024 |
| Number of constitutional conventions | 4 (1776, 1850-51, 1967-68) |
| Number of amendments proposed in 2008 | 2 |
| Number of amendments proposed in 2012 | 3 |
| Number of amendments proposed in 2022 | 2 |
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What You'll Learn
The Maryland Constitution of 1776
In the months before the American Revolutionary War, a group of powerful Marylanders formed an association that eventually took the form of a convention in Annapolis. This group made preparations to form a new government for Maryland and sent representatives to participate in the Continental Congress. On July 3, 1776, they resolved that a new convention be elected to draw up their first state constitution, which would not refer to parliament or the king.
The Constitutional Convention of 1776 consisted of 78 men, two of whom served briefly. The members wrote, debated, and voted on behalf of 250,000 people, nearly a third of whom were slaves. They were elected by "freemen above twenty-one years of age, being freeholders of not less than fifty acres of land or having visible property to the value of 40 sterling at the least," except those serving from Annapolis, where practically all freemen could vote. The convention began meeting on August 14, 1776, and drafted the constitution, adjourning on November 11, 1776.
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The Maryland Constitution of 1851
Through the mid-nineteenth century, amendments to the Constitution of 1776 were enacted by the General Assembly and ratified by the voters. However, this led to unforeseen consequences, as the practice at the time was to propose amendments by adding new language to the document without deleting anything or specifying the placement of the new matter. This resulted in differences in interpretation, even among legal experts.
In response to these issues, on February 21, 1850, the General Assembly called on the voters to determine the need for a constitutional convention to "frame a new Constitution and Form of Government, except so far as regards the rights and relations existing between master and slave." The delegates to the "Reform Convention of 1850" were chosen by the electorate on September 1, 1850, and the Maryland Constitution of 1851 was subsequently written and adopted.
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The Maryland Constitution of 1864
The 1864 Constitution was a controversial product of the Civil War. It was largely the product of strong Unionists, who controlled the state at the time. The document outlawed slavery, disenfranchised Southern sympathizers, and reapportioned the General Assembly based on the number of white inhabitants. This provision further diminished the power of the small counties where the majority of the state's large former slave population lived. One of the framers' goals was to reduce the influence of Southern sympathizers, who had almost caused the state to secede in 1861. The language in the constitution that outlawed slavery in the state was contained in a "Declaration of Rights", which said, "That hereafter, in this State, there shall be neither slavery [nor]...".
The 1864 Constitution was in effect only until 1867, when the state's present constitution was adopted.
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The Maryland Constitution of 1867
The 1867 Constitution was submitted to the adult white male citizens of the state for ratification on September 18, 1867, and was approved by a vote of 47,152 to 23,036. It came into effect on October 5, 1867. The Maryland Constitution is a living document that is frequently modified and interpreted by the courts and the people of Maryland.
The Maryland Constitution also outlines the state's system of government, including the separation of powers between the legislative, executive, and judicial branches. It establishes the offices of Governor and Lieutenant Governor, as well as the rules for elections, voting qualifications, and ballot counting. The Constitution also provides for the impeachment and replacement of officials in cases of misconduct, death, resignation, disability, or impeachment.
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Amendments to the Maryland Constitution
The current Maryland Constitution, ratified in 1867, is the fourth constitution under which the state has been governed. It has been amended over 240 times 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. It begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but is broader in scope. The Declaration of Rights guarantees trial by jury, due process, freedom of the press, and freedom of religion. It also forbids ex post facto laws, cruel and unusual punishment, and religious disabilities for those who believe in God and divine rewards and punishments. Notably, the Maryland Constitution does not guarantee the right to bear arms.
In recent years, several amendments have been proposed and approved by voters in Maryland. In 2008, voters approved early voting in the state and authorized the issuance of video lottery licenses for education funding. In 2012, three constitutional amendments were proposed, including a requirement for judges of the Orphans' Court in Prince George's County to be licensed Maryland state lawyers and members of the Maryland Bar Association.
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Frequently asked questions
The first Maryland Constitution was written in 1776.
The 1776 Maryland Constitution was the first of four constitutions under which the state has been governed. It was the state's basic law from its adoption in 1776 until 1851. It defined the Maryland General Assembly and acknowledged the power of county governments in administering their own affairs. It also allowed 20,000 of the 300,000+ people living in Maryland to vote, excluding slaves, women, and those who did not meet the minimum property requirement.
The current Maryland Constitution was ratified on September 18, 1867, and took effect on October 5, 1867. It is the fourth constitution under which the state has been governed.
The current Maryland Constitution is approximately 47,000 words long (including annotations). This is much longer than the average length of a state constitution in the United States, which is about 26,000 words.
