Article 1
Origin of government; right to alter. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.
Article 2
Constitution, laws and treaties of United States to be supreme law of State. The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding.
Article 3
The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.
Article 4
Exclusive right of people of State to regulate internal government and police thereof. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.
Article 5.
(a)
That the Inhabitants of Maryland are entitled to the Common Law of
England, and the trial by Jury, according to the course of that Law,
and to the benefit of such of the English statutes as existed on the
Fourth day of July, seventeen hundred and seventy-six; and which, by
experience, have been found applicable to their local and other
circumstances, and have been introduced, used and practiced by the
Courts of Law or Equity; and also of all Acts of Assembly in force on
the first day of June, eighteen hundred and sixty-seven; except such
as may have since expired, or may be inconsistent with the provisions
of this Constitution; subject, nevertheless, to the revision of, and
amendment or repeal by, the Legislature of this State. And the
Inhabitants of Maryland are also entitled to all property derived to
them from, or under the Charter granted by His Majesty Charles the
First to Caecilius Calvert, Baron of Baltimore.
(b)
The parties to any civil proceeding in which the right to a jury trial
is preserved are entitled to a trial by jury of at least 6 jurors.
(c)
That notwithstanding the Common Law of England, nothing in this
Constitution prohibits trial by jury of less than 12 jurors in any
civil proceeding in which the right to a jury trial is
preserved.
Article 6
Legislators and executive officers are trustees of public; right of people to reform or establish new government. That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.
Article 7
Elections to be free and frequent; right of suffrage. That the right of the People to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose, elections ought to be free and frequent; and every citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.
Article 8
Separation of powers. That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other.
Article 9
Suspension of laws. That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed.
Article 10
Freedom of speech and debate and proceedings in legislature. That freedom of speech and debate, or proceedings in the Legislature, ought not to be impeached in any Court of Judicature.
Article 11
Meeting place of legislature. That Annapolis be the place of meeting of the Legislature; and the Legislature ought not to be convened, or held at any other place but from evident necessity.
Article 12
Legislature to be frequently convened. That for redress of grievances, and for amending, strengthening and preserving the Laws, the Legislature ought to be frequently convened.
Article 13
Right to petition legislature for redress of grievances. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.
Article 14
No tax, etc., to be levied without consent of legislature. That no aid, charge, tax, burthen or fees ought to be rated or levied, under any pretense, without the consent of the Legislature.
Article 15
That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the government; that the General Assembly shall, by uniform rules, provide for the separate assessment, classification and sub-classification of land, improvements on land and personal property, as it may deem proper; and all taxes thereafter provided to be levied by the State for the support of the general State Government, and by the Counties and by the City of Baltimore for their respective purposes, shall be uniform within each class or sub-class of land, improvements on land and personal property which the respective taxing powers may have directed to be subjected to the tax levy; yet fines, duties or taxes may properly and justly be imposed, or laid with a political view for the good government and benefit of the community.
Article 16
Sanguinary laws to be avoided; cruel and unusual punishment. That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter.
Article 17
That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto Law ought to be made; nor any retrospective oath or restriction be imposed, or required.
Article 18
Attainder of treason or felony. That no Law to attaint particular persons of treason or felony, ought to be made in any case, or at any time, hereafter.
Article 19
That every man, for any injury done to him in his person or property, ought to have remedy by the course of the Law of the Land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the Law of the Land.
Article 20
Trial of facts where they arise. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the People.
Article 21
Rights of accused; indictment; counsel; confrontation; speedy trial; impartial and unanimous jury. That in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the Indictment, or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.
Article 22
Self incrimination. That no man ought to be compelled to give evidence against himself in a criminal case.
Article 23.
In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.
The right of trial by Jury of all issues of fact in civil proceedings in the several Courts of Law in this State, where the amount in controversy exceeds the sum of five thousand dollars, shall be inviolably preserved.
Article 24
That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the Law of the land.
Article 25
Excessive bail, fines and punishment. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the Courts of Law.
Article 26
That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grevious and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted.
Article 27
Corruption of blood or forfeiture of estate. That no conviction shall work corruption of blood or forfeiture of estate.
Article 28
That a well regulated Militia is the proper and natural defence of a free Government.
Article 29
That standing Armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature.
Article 30
Military power should be subordinate to civil power. That in all cases, and at all times, the military ought to be under strict subordination to, and control of, the civil power.
Article 31
Quartering of soldiers. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by Law.
Article 32
Martial law. That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law.
Article 33.
That the independency and uprightness of Judges are essential to
the impartial administration of Justice, and a great security to the
rights and liberties of the People: Wherefore, the Judges shall not be
removed, except in the manner, and for the causes provided in this
Constitution. No Judge shall hold any other office, civil or military,
or political trust, or employment of any kind, whatsoever, under the
Constitution or Laws of this State, or of the United States, or any of
them; except that a Judge may be a member of a reserve component of the
armed forces of the United States or a member of the militia of the
United States or this State; or receive fees, or perquisites of any
kind, for the discharge of his official
duties.
Article 34
That a long continuance in the Executive Departments of power or trust is dangerous to liberty; a rotation, therefore, in those departments is one of the best securities of permanent freedom.
Article 35.
That no person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State; nor shall any person in public trust receive any present from any foreign Prince or State, or from the United States, or any of them, without the approbation of this State. The position of Notary Public shall not be considered an office of profit within the meaning of this Article. Membership in the militia of this State shall not be considered an office of profit within the meaning of this Article; nor shall any remuneration received as a consequence of membership in a reserve component of the armed forces of the United States or of membership in the militia of the United States or of this State be considered a present within the meaning of this Article.
Article 36
That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless, under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; 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.
Nothing shall prohibit or require the making reference to belief in, reliance upon, or invoking the aid of God or a Supreme Being in any governmental or public document, proceeding, activity, ceremony, school, institution, or place.
Nothing in this article shall constitute an establishment of religion.
Article 37
Religious tests as qualification for office; oath of office. That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.
Article 39
Manner of administering oath or affirmation. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession, or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being.
Article 40
Freedom of press and speech. That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege.
Article 41
Monopolies. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.
Article 42
No title of nobility or hereditary honors to be granted. That no title of nobility or hereditary honors ought to be granted in this State.
Article 43
What legislature should encourage; assessment of farm or agricultural land. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the People. The Legislature may provide that land actively devoted to farm or agricultural use shall be assessed on the basis of such use and shall not be assessed as if sub-divided.
Article 44
Constitutions applicable as well in war as in peace. That the provisions of the Constitution of the United States, and of this State, apply, as well in time of war, as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good Government, and tends to anarchy and despotism.
Article 45
Reservation of rights of people. This enumeration of Rights shall not be construed to impair or deny others retained by the People.
Article 46
Equality of rights under the law shall not be abridged or denied because of sex.
Article 47. CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
** SPECIAL NOTE: REFERENDUM - NOVEMBER 1994 - CHAPTER 102 - 1994 **
(a)
A victim of crime shall be treated by agents of the State with dignity,
respect, and sensitivity during all phases of the criminal justice
process.
(b)
In a case originating by indictment or information filed in a circuit
court, a victim of crime shall have the right to be informed of the
rights established in this Article and, upon request and if
practicable, to be notified of, to attend, and to be heard at a
criminal justice proceeding, as these rights are implemented and the
terms "crime", "criminal justice proceeding", and "victim"
are specified by law.
(c)
Nothing in this Article permits any civil cause of action for monetary
damages for violation of any of its provisions or authorizes a victim
of crime to take any action to stay a criminal justice
proceeding.