Monday, October 26, 2009

Your Maryland Government Weekly

While all Americans know their federal constitution, they do not realize that each state including their own have their own constitutions. Maryland is just one of many states that have their own constitutions. According to the Maryland state manual, the state actually had four constitutions. There are 29 articles in the constitution plus one which is the declaration of rights.

Random facts:

For reasons unknown (to me)Article X is vacant.

Art. 37 of the declaration of rights: No religious test is required except for declarartion of belief in the existence of God.

Art. 41. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered. (An anti-monopoly law)

Art. 46 Equality of rights under the law shall not be abridged or denied because of sex (Equal Rights Amendment)

Elective Franchise

1. SEC. 4. The General Assembly by law may regulate or prohibit the right to vote of a person convicted of infamous or other serious crime or under care or guardianship for mental disability (This is called the mental illness and felony disenfranchise clause of the Maryland constitution)

The three branches of of government in Maryland are called Departments. So instead of the Legislative Branch, you have the Legislative Department, and so on. This is a relic of the time when the State constitution was written. But Branch and Department are one in the same in seperation of powers.

Legislative Department:
  1. SEC. 18. No Senator or Delegate shall be liable in any civil action, or criminal prosecution, whatever, for words spoken in debate.
  2. SEC. 21. The doors of each House, and of the Committee of the Whole, shall be open, except when the business is such as ought to be kept secret.
  3. SEC. 39. The books, papers and accounts of all banks shall be open to inspection under such regulations as may be prescribed by law.
Judiciary Department:
  1. SECTION 1. The Judicial power of this State is vested in a Court of Appeals, such intermediate courts of appeal as the General Assembly may create by law, Circuit Courts, Orphans' Courts, and a District Court. These Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing from it
  2. SEC. 44. There shall be elected in each county and in Baltimore City one person, resident in said county or City, above the age of twenty-five years and for at least five years preceding his election a citizen of the State, to the office of Sheriff. He shall hold office for four years, until his successor is duly elected and qualified, give such bond, exercise such powers and perform such duties as now are or may hereafter be fixed by law. In case of vacancy by death, resignation, refusal to serve, or neglect to qualify or give bond, or by disqualification or removal from the County or City, the Governor shall appoint a person to be Sheriff for the remainder of the official term. The Sheriff in each county and in Baltimore City shall receive such salary or compensation and such expenses necessary to the conduct of his office as may be fixed by law. All fees collected by the Sheriff shall be accounted for and paid to the Treasury of the several counties and of Baltimore City, respectively
Other articles

Article XI is mostly dedicated to the City of Baltimore except for Articles XI-E and F.

Article XIX is dedicated to Video Lottery Terminals that was amended on November 8 2009. They could have simply passed a regular law allowing these terminals, but the gambling lobby wanted the provision to be amended by the constitution.

Next Week: The Maryland State Code of Statues (If I can find a way to read a section of the code without clicking on each clause one by one first.)

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