The power of Maryland’s state government is not absolute, as the state’s constitution establishes clear boundaries on what it can and cannot do. These prohibitions are designed to protect individual liberties and maintain a structured, accountable system of governance. This framework ensures that the authority of state officials and lawmakers remains checked and balanced.
Fundamental Prohibitions from the Maryland Declaration of Rights
The Maryland Constitution begins with a Declaration of Rights, which forbids certain governmental actions to protect the liberties of its residents. Article 17 prohibits ex post facto laws, meaning the state cannot retroactively criminalize an act or increase its punishment.1Maryland State Archives. Maryland Constitution – Declaration of Rights This article also bans bills of attainder, which are legislative acts that declare a person or group guilty of a crime without a judicial trial.
Further protections are embedded throughout the Declaration. Article 24 guarantees due process, ensuring no person can be deprived of life, liberty, or property without “the judgment of his peers, or by the Law of the land.” This principle was central in cases like DeWolfe v. Richmond, which affirmed an indigent defendant’s right to a state-provided lawyer at their initial court appearance. Article 26 protects individuals from unreasonable searches and seizures by requiring that warrants be specific and supported by oath.
The Declaration also safeguards freedoms of expression and belief. Article 40 protects the freedom of the press and allows every citizen to “speak, write and publish his sentiments on all subjects,” holding them responsible only for the abuse of that right. Article 36 guarantees religious freedom, stating that no person should be harassed for their religious beliefs or forced to support any particular ministry or place of worship.
The Separation of Powers as a Core Limitation
A foundational principle restricting government power in Maryland is the separation of powers. Article 8 of the Declaration of Rights states that the legislative, executive, and judicial branches of government ought to be “forever separate and distinct from each other.” This design is a direct prohibition against the concentration of authority in any single branch.
This structural limitation means that no person exercising the duties of one branch can take on the responsibilities of another. For example, the Maryland General Assembly is prohibited from adjudicating a specific legal dispute, as that is a judicial function. Likewise, the Governor cannot unilaterally create a new law, as that power belongs to the legislature. The judiciary is limited to interpreting laws and cannot perform executive functions.
Specific Prohibitions on Maryland’s Legislative Power
The Maryland Constitution imposes specific prohibitions on the General Assembly’s law-making authority, detailed in Article III. These rules govern both the substance of laws and the process of their creation. The legislature is forbidden from passing “special laws” for any case where a general law could apply, which prevents laws that favor or penalize specific individuals or groups.2Justia. Maryland Constitution Article III § 33 – Legislative Department
The constitution also places fiscal restraints on the legislature, limiting the state’s ability to incur debt. Any law creating such debt must also include a tax sufficient to pay the interest and principal within 15 years.3Justia. Maryland Constitution Article III § 34 – Legislative Department This prohibition prevents the legislature from creating long-term financial burdens without a clear repayment plan.
Procedural integrity in law-making is another area of strict prohibition. The constitution mandates that every law shall embrace only one subject, which must be described in its title.4Justia. Maryland Constitution Article III § 29 – Legislative Department This rule prevents “log-rolling,” a practice where unpopular provisions are attached to popular bills. Another limitation prohibits granting extra compensation to public officers or contractors after a service has been rendered.5Justia. Maryland Constitution Article III § 35 – Legislative Department
Specific Prohibitions on Maryland’s Executive Power
The Maryland Constitution also places limitations on the powers of the Governor and the executive branch, outlined in Article II. These prohibitions ensure that executive authority is not absolute and remains subject to constitutional checks. While the Governor holds significant power, these restrictions define the boundaries of that authority.
One notable limitation concerns the Governor’s power to grant pardons. The Governor has this authority but must first give public notice of the pardon application in a newspaper. He must also report every pardon, along with the reasons for granting it, to the General Assembly, ensuring public and legislative oversight.6Justia. Maryland Constitution Article II § 20 – Executive Department
The executive branch is also prohibited from unilaterally suspending laws, reinforcing the separation of powers. Furthermore, the Governor’s appointment powers are constrained, as many high-level appointments require the advice and consent of the Senate.7Maryland State Archives. Maryland Constitution – Article II – Executive Department This prevents the Governor from filling the government with officials without legislative approval.