Constitution of Maryland - Declaration of Rights

Declaration of Rights

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, but by 1867 already in decline as a result of abuse (in such conflicts as the Mormons in Nauvoo and the Fugitive Slave Law), and today very much the minority position.

While the Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government," it does not guarantee a right to bear arms. This makes the Maryland Constitution one of the very few state constitutions that lacks the equivalent of the federal Second Amendment.

There is also a rather striking effort to limit the guarantee against religious disabilities to those who believe in God and divine rewards and punishments. Article 36 includes the wording

"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."

A unanimous 1961 decision by US Supreme court in the case of Torcaso v. Watkins found that an attempt to enforce this provision violated the First and Fourteenth Amendments to the United States Constitution. In 1970, this article was amended to include the sentence "Nothing in this article shall constitute an establishment of religion". However the original wording of the article was also left in place, but presumably is symbolic rather than effective.

Maryland's Constitution also makes explicit the separation of powers doctrine which is only implied in the federal constitution. The Maryland Constitution clearly states 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."