Maryland State Constitution

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  • NormH3

    Banned
    BANNED!!!
    May 31, 2011
    779
    Delaware
    Some weeks ago I posed a question as to "What happened to Maryland?". I got a few replies but decided to do a bit of research on my own. The one interesting thing that I found, was that Maryland didn't have a clause in it's own state Constitution to protect the rights of individuals to bear arms. It's still a mystery to me though.

    http://www2.law.ucla.edu/volokh/beararms/statecon.htm
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,366
    SoMD / West PA
    It was thought of duplication at the time in the 1700s, as Lx1x posted about the US constitution.

    We can use the way back machine and look at the the 1833 Supreme court cases where the US constitution created the incorporation doctrine in Barron v. Baltimore no less. Where the Bill of rights applied to the federal government and not the states. Then to make matters worse, Cruishank held the first and second amendments did not apply to the states, eventhough the 14th amendment was supposed to "incorporate" the bill of rights against the states.

    Maryland has always been the last to recognize a civil right. It does not like giving power back to the constituency.

    It is amazing some 200 years after the founding of this country, we still have to argue the about what rights we are guaranteed in the BoR.
     

    NormH3

    Banned
    BANNED!!!
    May 31, 2011
    779
    Delaware
    It was thought of duplication at the time in the 1700s, as Lx1x posted about the US constitution.

    We can use the way back machine and look at the the 1833 Supreme court cases where the US constitution created the incorporation doctrine in Barron v. Baltimore no less. Where the Bill of rights applied to the federal government and not the states. Then to make matters worse, Cruishank held the first and second amendments did not apply to the states, eventhough the 14th amendment was supposed to "incorporate" the bill of rights against the states.

    Maryland has always been the last to recognize a civil right. It does not like giving power back to the constituency.

    It is amazing some 200 years after the founding of this country, we still have to argue the about what rights we are guaranteed in the BoR.

    I agree with your last statement, but it doesn't explain to me why so many other states did, including Delaware, Pennsylvania, Virginia and West Virginia.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,366
    SoMD / West PA
    I agree with your last statement, but it doesn't explain to me why so many other states did, including Delaware, Pennsylvania, Virginia and West Virginia.

    PA and VA were instrumental in having the 2A in the BoR, since their constitutions were created prior the federal constitution.

    Maryland is the johnny come lately with multiple personality disorder. It nevers gets it right. The current constitution was ratified September 18, 1867 (Version 4.0) after correcting a horrible attrocity perpetrated by Abraham Lincoln and the unionists (Version 3.0). Versions 1 and 2 were bastardized to the point, that they were incoherent.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    I have a history somewhere in my notes whereby the idea of including a 2A declaration was redundant since it already existed in the federal document. This was argued successfully by a lawyer from...you guessed it - Baltimore.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    I don't really think that a 2a provision would have saved MD. Honestly look at the Feds and how 2a was ignored until Heller.

    The issue with Maryland is simple just as with other places.

    When the Supreme Court broke the balance of power between rural and urban areas it created a landslide. When the court ruled against systems set up like the Fed (1 house based on population 1 house by another way) it gave to much power to the cities.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I don't really think that a 2a provision would have saved MD. Honestly look at the Feds and how 2a was ignored until Heller.

    The issue with Maryland is simple just as with other places.

    When the Supreme Court broke the balance of power between rural and urban areas it created a landslide. When the court ruled against systems set up like the Fed (1 house based on population 1 house by another way) it gave to much power to the cities.

    This^^^^^^^^^^^^^^

    If Maryland had one house of the General Assembly fashioned after the Senate in the US Congress, we wouldn't have much to worry about. If one house of the Maryland General Assembly consisted only of 2 reps from each county, or even 3 or 4, Maryland wouldn't be controlled by Montgomery County, PG County, and Baltimore City. Those living in rural areas in Maryland must be more disgusted with this state than I am, and I am pretty disgusted.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I don't really think that a 2a provision would have saved MD. Honestly look at the Feds and how 2a was ignored until Heller.

    The issue with Maryland is simple just as with other places.

    When the Supreme Court broke the balance of power between rural and urban areas it created a landslide. When the court ruled against systems set up like the Fed (1 house based on population 1 house by another way) it gave to much power to the cities.

    And set the course for con con. The cites will implode. We need only wait. Then we try again.

    Could go either way,but its coming. Pick a side -- the ones with art and music or the ones with food.
     

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