Maryland Constitution

The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It 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 2012.

At approximately 47,000 words (including annotations), the Maryland Constitution is much longer than the average length of a state constitution in the United States, which is about 26,000 words (the United States Constitution is about 8,700 words long).

The state's 1864 constitution was written during the Civil War, while the Unionists temporarily controlled Maryland. Approved by a bare majority (50.31%) of the state's eligible voters, including Union soldiers from other states who had been assigned to Maryland, it temporarily disfranchised the approximately 25,000 men in Maryland who had fought for the Confederacy or in other ways supported it, in an effort to bring change to the state. Also, while the state's remaining slaves were emancipated by constitutional amendment, the 1864 constitution changed the basis of representation in the General Assembly to help keep power in the hands of the white elite.

The Constitution of 1867 was drafted by a convention which met at the state capital, Annapolis, between May 8 and August 17, 1867. It was submitted to the adult non-black male citizens of the state for ratification on September 18 and was approved by a vote of 27,152 to 23,036. It took effect on October 5, 1867.

The Maryland Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but, like most state bills of rights, is broader than the federal version. Among other things, the Maryland Constitution guarantees trial by jury, due process, freedom of the press, and of religion. It also forbids, among other things, the passage of ex post facto laws and cruel and unusual punishment. Notably, juries in criminal cases are declared to be judges of law as well as fact, thus ensconcing in the constitution the right of (what is commonly called) jury nullification—commonplace in the early 19th century. By 1867 this principle was already in decline as a result of abuse (in such conflicts as the Mormons in Nauvoo, Illinois and the Fugitive Slave Law of 1850.), and today very much the minority position.

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