Maryland Constutution

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    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    Maryland Constitution

    You know that our state has a constitution. I'd never read through it. These are some of the highlights from my reading. I made it through most of Article III. Our state's constitution is long compared to the COTUS.

    Here is a link:

    http://mgaleg.maryland.gov/Pubs-current/current-constitution-maryland-us.pdf

    My emphasis and commentary added.

    MARYLAND CONSTITUTION
    ADOPTED BY THE CONVENTION
    WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS ON THE EIGHTH DAY OF MAY, EIGHTEEN HUNDRED AND SIXTY–SEVEN, AND ADJOURNED ON THE SEVENTEENTH DAY OF AUGUST, EIGHTEEN HUNDRED AND SIXTY–SEVEN, AND WAS RATIFIED BY THE PEOPLE ON THE EIGHTEENTH DAY OF SEPTEMBER, EIGHTEEN HUNDRED AND SIXTY–SEVEN, WITH =AMENDMENTS TO AND INCLUDING TWO THOUSAND AND FOURTEEN

    DECLARATION OF RIGHTS

    WE, THE PEOPLE of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:
    We know where our rights come from.

    Article 1.
    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.
    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.
    Do not ignore the Constitution of the United States.
    ...
    Article 7.
    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. (1971, ch. 357, ratified Nov. 7, 1972.)
    Why not do your Article 7 duty today?
    ...
    Article 12.
    That for redress of grievances, and for amending, strengthening and preserving the Laws, the Legislature ought to be frequently convened.

    Article 13.
    That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.
    ...
    Article 16.
    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.
    Gun Control could qualify as sanguinary.

    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.
    Do not pass laws contrary to freedom. DO NOT OPPRESS!
    ...
    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. (1977, ch. 681, ratified Nov. 7, 1978.)
    Interesting language that I think needs some decoding.
    ...
    Article 28.
    That a well regulated militia is the proper and natural defence of a free Government.

    This is stated to be sure Maryland has the same plan that United States Constitution has for fighting tyranny. The militia is the whole of the people.
    ...
    CONSTITUTION
    ...
    Article I Section 9.
    Every person elected, or appointed, to any office of profit or trust, under this
    Constitution, or under the Laws, made pursuant thereto, shall, before he enters upon the duties of such office, take and subscribe the following oath, or affirmation: I, ..........., do swear, (or affirm, as the case may be,) that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of .............., according to the Constitution and Laws of this State, (and, if a Governor, Senator, Member of the House of Delegates, or Judge,) that I will not directly or indirectly, receive the profits or any part of the profits of any other office during the term of my acting as .................. (1977, ch. 681, ratified Nov. 7, 1978.)
    ...
    Article II Section 9.
    He shall take care that the Laws are faithfully executed.
    Sanctuary Cities, Counties, State?
    ...
    Article III Section 4.
    Each legislative district shall consist of adjoining territory, be compact in form, and of substantially equal population. Due regard shall be given to natural boundaries and the boundaries of political subdivisions. (1900, ch. 432, ratified Nov. 5, 1901; 1910, ch. 318, rejected Nov. 7, 1911; 1922, ch. 20, ratified Nov. 7, 1922; 1956, ch. 99, ratified Nov. 6, 1956; 1969, ch. 785, ratified Nov. 3, 1970; 1972, ch. 363, ratified Nov. 7, 1972.)
    Wow, have we missed the mark here!
    ...
    Article III Section 40.
    The General Assembly shall enact no Law authorizing private property, to be taken for public use, without just compensation, as agreed upon between the parties, or awarded by a Jury, being first paid or tendered to the party entitled to such compensation.

    This helps to decode Article 24 a bit. 40A-40C seem completely and totally unnecessary.

    Article III Section 40A.
    The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation, but where such property is situated in Baltimore City and is desired by this State or by the Mayor and City Council of Baltimore, the General Assembly may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof by the State or by the Mayor and City Council of Baltimore, or into court, such amount as the State or the Mayor and City Council of Baltimore, as the case may be, shall estimate to be the fair value of said property, provided such legislation also requires the payment of any further sum that may subsequently be added by a jury; and further provided that the authority and procedure for the immediate taking of property as it applies to the Mayor and City Council of Baltimore on June 1, 1961, shall remain in force and effect to and including June 1, 1963, and where such property is situated in Baltimore County and is desired by Baltimore County, Maryland, the County Council of Baltimore County, Maryland, may provide for the appointment of an appraiser or appraisers by a Court of Record to value such property and that upon payment of the amount of such evaluation, to the party entitled to compensation, or into Court, and securing the payment of any further sum that may be awarded by a jury, such property may be taken; and where such property is situated in Montgomery County and in the judgment of and upon a finding by the County Council of said County that there is immediate need therefor for right of way for County roads or streets, the County Council may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof, or into court, such amount as a licensed real estate broker or a licensed and certified real estate appraiser appointed by the County Council shall estimate to be the fair market value of such property, provided that the Council shall secure the payment of any further sum that may subsequently be awarded by a jury. In the various municipal corporations within Cecil County, where in the judgment of and upon a finding by the governing body of said municipal corporation that there is immediate need therefor for right of way for municipal roads, streets and extension of municipal water and sewage facilities, the governing body may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof, or into court, such amount as a licensed real estate broker appointed by the particular governing body shall estimate to be a fair market value of such property, provided that the municipal corporation shall secure the payment of any further sum that subsequently may be awarded by a jury. This Section 40A shall not apply in Montgomery County or any of the various municipal corporations within Cecil County, if the property actually to be taken includes a building or buildings. (1912, ch. 402, ratified Nov. 4, 1913; 1959, chs. 224, 604, ratified Nov. 8, 1960; 1961, ch. 329, ratified Nov. 6, 1962; 1962, ch. 100, ratified Nov. 6, 1962; 1966, ch. 304, ratified Nov. 8, 1966; 1967, ch. 474, rejected Nov. 5, 1968; 1973, ch. 258, rejected Nov. 5, 1974; 1976, ch. 555, rejected Nov. 2, 1976; 1978, chs. 972, 977, rejected Nov. 7, 1978; 1980, ch. 630, rejected Nov. 4, 1980; 1988, ch. 674, rejected Nov. 8, 1988; 2002, ch. 589, ratified Nov. 5, 2002.)

    Article III Section 40B.
    The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation, except that where such property in the judgment of the State Roads Commission is needed by the State for highway purposes, the General Assembly may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof by said State Roads Commission, or into Court, such amount as said State Roads Commission shall estimate to be of the fair value of said property, provided such legislation also requires the payment of any further sum that may subsequently be awarded by a jury. (1941, ch. 607, ratified Nov. 3, 1942.)

    Article III Section 40C.
    The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation, except that where such property, located in Prince George’s County in this State, is in the judgment of the Washington Suburban Sanitary Commission needed for water supply, sewerage and drainage systems to be extended or constructed by the said Commission, the General Assembly may provide that such property, except any building or buildings may be taken immediately upon payment therefor by the condemning authority to the owner or owners thereof or into the Court to the use of the person or persons entitled thereto, such amount as the condemning authority shall estimate to be the fair value of said property, provided such legislation requires that the condemning authority’s estimate be not less than the appraised value of the property being taken as evaluated by at least one qualified appraiser, whose qualifications have been accepted by a Court of Record of this State, and also requires the payment of any further sum that may subsequently be awarded by a jury, and provided such legislation limits the condemning authority’s utilization of the acquisition procedures specified in this section to occasions where it has acquired or is acquiring by purchase or other procedures one–half or more of the several takings of land or interests in land necessary for any given water supply, sewerage or drainage extension or construction project. (1965, ch. 781, ratified Nov. 8, 1966.)
    ...
    [Amendment V]
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    Red flag law appears to outright violate Maryland's Fifth amendment.
     
    Last edited:

    xKtF

    Member
    Nov 5, 2018
    69
    Unfortunately this state and many others don't seem seem to care about the constitution.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    I'm sorting out what's important these days. I think we need to seriously consider the wisdom of the past more than the mob rule of the social media, mainstream media, and well-funded lobbies.
     
    Last edited:

    WatTyler

    Ultimate Member
    I recently sat down with a teacher who does a course on the Maryland constitution. The Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government." But it does not guarantee a right to bear arms. The lack of such a guarantee makes Maryland one of the outliers. So I asked "Why?" And the answer was "It was 1867. They didn't want guns in the hands of free blacks." I believe it. A free man with a gun brings truth to power.
     

    xKtF

    Member
    Nov 5, 2018
    69
    I recently sat down with a teacher who does a course on the Maryland constitution. The Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government." But it does not guarantee a right to bear arms. The lack of such a guarantee makes Maryland one of the outliers. So I asked "Why?" And the answer was "It was 1867. They didn't want guns in the hands of free blacks." I believe it. A free man with a gun brings truth to power.

    Yes, I read something similar someone actually posted the document on here before but I can't find it.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    This is the sad fact that black Americans don't see or it is not taught to anyone , blacks are still a slave to the lies of the government in fact we all are . The system has always pitted one person against another , imagine if the black man and the white man could unite .
    The government would truly run scared , and to think if we were armed too . Now you know why the lie has been continued .
     

    xKtF

    Member
    Nov 5, 2018
    69
    This is the sad fact that black Americans don't see or it is not taught to anyone , blacks are still a slave to the lies of the government in fact we all are . The system has always pitted one person against another , imagine if the black man and the white man could unite .
    The government would truly run scared , and to think if we were armed too . Now you know why the lie has been continued .

    Yep, I am black and I try to get my close family into guns and most just don't seem interested. I did get my sister to get her HQL and shoot with me though.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    Yep, I am black and I try to get my close family into guns and most just don't seem interested. I did get my sister to get her HQL and shoot with me though.

    Keep fighting the fight , we need to spread the truth . The lies have been told too long .
    Good to have you on our side :thumbsup:

    Had a black woman while i was protesting/picketing in Annapolis tell me she loves the first amendment and hated the second amendment .

    I did not talk to her much but if i had more time i wanted to tell her the Constitution is not a cafeteria menu where you pick and choose your item to fight for .
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I recently sat down with a teacher who does a course on the Maryland constitution. The Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government." But it does not guarantee a right to bear arms. The lack of such a guarantee makes Maryland one of the outliers. So I asked "Why?" And the answer was "It was 1867. They didn't want guns in the hands of free blacks." I believe it. A free man with a gun brings truth to power.

    You will need to explain what a Militia is then. The right is certainly not explicitly stated, but seems to me to be implicitly stated based on what a militia is. The Supreme Court under Miller and Heller indicate that the expectation is for people to bring their own arms. I should also point out that there were no police forces at the time of the founding and the army/militia was used to enforce the law. One of the three reasons listed in the US Constitution to call forth the militia is to enforce the laws of the union.
     

    elbaz

    Member
    May 17, 2012
    83
    Cockeysville
    Had a black woman while i was protesting/picketing in Annapolis tell me she loves the first amendment and hated the second amendment .



    I did not talk to her much but if i had more time i wanted to tell her the Constitution is not a cafeteria menu where you pick and choose your item to fight for .


    Or that without the second amendment, there is nothing to stopping the government from infringing in the first amendment.



    Sent from my iPad using Tapatalk
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,063
    南馬里蘭州鮑伊
    This is the sad fact that black Americans don't see or it is not taught to anyone , blacks are still a slave to the lies of the government in fact we all are . The system has always pitted one person against another , imagine if the black man and the white man could unite .

    The government would truly run scared , and to think if we were armed too . Now you know why the lie has been continued .

    ^^^^ THIS. It's often the case if I can get a couple of minutes of conversation on a PP run.
     

    Vic

    Ultimate Member
    Jul 2, 2010
    1,454
    Whiteford, MD
    The thing that still confuses me about MD is the Bicameral house. It is my understanding that it was originally laid out more like our federal set up. Delegates were based on population and Senate was 1 or 2 per county. However, somewhere in the past they changed this to both being determined by population. If both are by population than why have 2 houses? Does anyone have more information on this. Wonder if it would be possible to try and turn it back to how it was so country folk actually had some say in how the State was run. Would be cool to say how large parts of the state have been disenfranchised by this and it needs to be reversed.
    V
     

    n1hook

    Active Member
    Feb 28, 2010
    220
    Parkville
    The government does not read or care about 5he Constitution. They ignore rule that is why they violate them no one bothered to enforce the rules unless they are used against constitutionalist.

    Quote the rules and use the courts,they do when the court rulings no longer serve them they will resort to violence!
     

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