Despite being written in 1865, over 150 years ago, The Maryland Constitution is still the one the state uses today. It is one of the longest-held constitutions in the country, and its first five articles are the most important. They set the basic rules for the Maryland government and gave Maryland a new outlook on life after the Civil War. 

These articles explain voting, the Governor, the legislature, the courts and the Attorney General. Even though they were written in the late 1800’s, they still are extremely important today.

Article I: Elective Franchise

The first article in the Maryland constitution centers around voting rights. At the time the constitution was written, these rights were  only for white men; however, over time they expanded to include African-Americans, especially after the Civil War, and women and eventually teenagers. 

Today, this article makes sure elections are fair and open to everyone. It also sets rules for how elections are run, including voter registration and ballots. Linganore High School (LHS) history teacher and 24-year Maryland resident Aaron Burch spoke on how the voting system has really changed since the writing of this article. 

“Everything is basically electronic now, instead of it being experienced with all the lines at the polling places … now people are doing the mail-in votes,”    Burch said. 

There are presently debates about whether mail-in ballots should be allowed or how voter ID laws work. Without Article I, Maryland would not have a clear system for making sure people’s voices are heard.

Article II: Executive Department

Article II explains the powers of the governor. The governor can enforce laws, appoint officials and oversee state departments of the government. The current Maryland governor, Wes Moore, has been in office since 2023 and is hoping to be re-elected next year. Moore is also the first African-American governor of Maryland. This article also requires elections and limits terms. According to Article II, in order for someone to be elected Governor or Maryland, you must be 30 years old, the same requirement as a US Senator, and a resident of the state for at least 5 years. There is no limit to how many total terms someone can serve as Governor, however, you may only serve 2 consecutive terms before being ineligible for the next election, but after that, you may run again. Nowadays, Article II  is employed whenever the governor makes decisions about public policies like education or healthcare. During emergencies, such as the coronavirus pandemic, the governor used powers from Article II to give orders and organize the state response. This is how the constitution gives the governor authority but also keeps that authority balanced.

Article III: Legislative Department

The third article sets up the Legislative Department. It has two parts: the Senate and the House of Delegates. Article III explains how laws are made, how districts are sectioned and how representatives are chosen. This article ensures that Maryland citizens are represented in the most important parts of the government. Today, Article III is the main factor in redistricting, which deals with how voting districts are made as well as school districts. It also makes sure that laws are created through a thorough process involving discussion and compromise.

Article IV: Judiciary Department

Article IV created Maryland’s judicial system. It includes the Court of Appeals, which is the highest court in the state, as well as district courts. This article explains how judges are appointed, how long they serve and what different responsibilities they have. The judiciary makes sure laws are applied fairly. 

Now, Article IV is what protects law in Maryland. It allows courts to determine everything from criminal trials to constitutional debates. Judicial independence allows judges to make decisions without political pressure. However, judges sometimes use something called “common law,” which was adopted from the UK. Common law is when judges generally work of precedence and past experience and not necessarily written law.

Burch provides an example of how common law is implemented in the state.

“Common law is how you determine the difference between reasonable suspicion and probable cause,” Burch said. “When you can and cannot search has to be construed and constructed [interpreted in a very specific way] . It’s a lot easier to base it on precedents from court cases, from actual events.”

Maryland’s Constitution After the Civil War

The Civil War had a huge impact on the United States and even more specifically, Maryland. As a border state, Maryland was divided between Union and Confederacy. In 1864, a new constitution was written under Unionist control, and it abolished slavery. However, many people felt the constitution was forced on them during war. Just a few months later in 1865, Maryland wrote another constitution, which is the one still in use today.

“Well it [the new Maryland constitution] would establish a new meaning  of freedom and a new meaning of equality,” Burch said. “With the adoption of …  the 13th, 14th and 15th amendment, it would basically redefine citizenship but also Maryland citizenship, as well, based on equality.”

The 1865 Constitution demonstrated Maryland’s attempt to make each side of the state happy after the war. It confirmed the abolition of slavery and brought Maryland into the  national state of Reconstruction. It also gave Civil Rights protections, even though racial equality was still vague. The constitution restructured the state government to make sure power was balanced between different groups like the house and the senate. This helped Maryland move forward after the Civil War, even though further challenges came later.

Although times have changed, the Maryland constitution remains  strong and relevant. It shows that democracy is not shaky; it evolves and adapts with new challenges and new technology. For Maryland, the first five articles are proof that the law, justice and accountability are just as important now as they were in the 19th century.