Maryland Constitution of 1776
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Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s under which the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
has been governed. It was that state's basic law
Basic Law
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...
from its adoption in 1776 until the Maryland Constitution of 1851
Maryland Constitution of 1851
The Maryland Constitution of 1851 was the second constitution of the U.S. state of Maryland following the revolution, replacing the Constitution of 1776. The primary reason for the new constitution was a need to re-apportion Maryland's legislature, the Maryland General Assembly...
took effect on July 4th of that year.
Background and drafting
The eighth session decided that the continuation of an ad-hoc government by the convention was not a good mechanism for governing the state and that a more permanent and structured government was needed. So, on July 3, 1776 they resolved that a new convention be elected that would be responsible for drawing up their first state constitutionState constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
, one that did not refer to parliament or the king, but would be a government "...of the people only."
On August 1, all freemen with property elected delegates for the Maryland Constitutional Convention of 1776. They began meeting on August 14, drafted the constitution, and adjourned on November 11th. The document was not submitted to the people for ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
. The Assembly of Freemen would not meet again, as it was replaced by the new state government established by the 1776 constitution. Thomas Johnson
Thomas Johnson (governor)
Thomas Johnson was an American jurist with a distinguished political career. He was the first Governor of Maryland, a delegate to the Continental Congress and an Associate Justice of the Supreme Court of the United States....
became the state's first elected governor.
Declaration of Rights
The document included a Declaration of Rights. This, among other things, ended the position of the Church of EnglandChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
as the state-supported religion, and granted all Christians
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, including Roman Catholics, freedom of worship. Free blacks who met the property qualifications continued to be eligible to vote. The declaration was more than a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, which enunciates certain rights which are reserved to the people. The declaration stated that all power emanated from the people and that the governors were accountable to the people.
Elections and the franchise
Despite the declaration that all power emanates from the people, the document kept political power in the hands of the elites. Only males citizens who met a minimum property requirement could vote. Slaves and women could not vote, nor did they have equal rights to men. Only Christians could hold office until 1826, when legislation was adopted allowing Jews to hold office and have equal rights and privileges with Christians.They directly elected delegates to the Maryland General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
and indirectly elected State Senators. Voters would elect Senatorial Electors every five years. These men would then meet together to elect a fifteen member Senate, nine members from the Western Shore and six members from the Eastern Shore. If a Senate vacancy occurred between elections, then the Senate itself selected a replacement. The Governor was elected by the joint legislature, not by the people directly. And most local offices were appointed by the Governor, with the concurrence of his Executive Council.
Subsequent history
The 1776 constitution was amended several times, most notably in 1837, to, among other things, provide for a popularly elected governorGovernor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
, instead of one chosen by the legislature. The constitution was initially about 8,800 words long. The several amendments added to it between 1792 and 1846 brought its total length to about 15,200 words.
See also
- Government of MarylandGovernment of MarylandThe government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by...
- History of MarylandHistory of MarylandThe history of Maryland included only Native Americans until Europeans, starting with John Cabot in 1498, began exploring the area. The first settlements came in 1634 when the English arrived in significant numbers and created a permanent colony. In 1776, during the American Revolution, Maryland...
- History of the United States (1776-1789)
- List of delegates to the Maryland Constitutional Convention (1776)
- Maryland Constitution of 1867
- Maryland Constitution of 1864Maryland Constitution of 1864The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, the 1864 document was short-lived.-Drafting:The 1864...
- Maryland Constitution of 1851Maryland Constitution of 1851The Maryland Constitution of 1851 was the second constitution of the U.S. state of Maryland following the revolution, replacing the Constitution of 1776. The primary reason for the new constitution was a need to re-apportion Maryland's legislature, the Maryland General Assembly...
- State constitution (United States)State constitution (United States)In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...