The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States – State Court Report

Report on the Maryland Constitution and its Alignment with Sustainable Development Goals

Introduction: Constitutional Framework and Institutional Integrity

The Maryland Constitution, one of the oldest and most extensive in the United States, provides a foundational framework for governance that impacts the state’s progress toward multiple Sustainable Development Goals (SDGs). Its structure, which establishes a strong executive and limits constitutional amendments to legislative proposals, directly influences the efficacy and accountability of public institutions, a core tenet of SDG 16 (Peace, Justice and Strong Institutions). Recent amendments, notably concerning reproductive freedom, demonstrate the constitution’s capacity to adapt to contemporary issues, aligning with SDG 3 (Good Health and Well-being) and SDG 5 (Gender Equality).

Historical Development and Evolving Commitments to Equality

Maryland has operated under four constitutions, each reflecting a distinct phase in the state’s journey toward creating more inclusive and just institutions.

• 1776 Constitution: Established during the Revolutionary War, this document initially restricted suffrage and office-holding through property ownership requirements, representing a barrier to SDG 10 (Reduced Inequalities). These qualifications were eliminated by 1810, marking an early step toward more inclusive governance.
• 1851 Constitution: This version entrenched protections for slavery, representing a significant regression from the principles of justice and equality central to SDG 10 and SDG 16.
• 1864 Constitution: Adopted during the Civil War, this constitution advanced key development goals by emancipating enslaved people and proposing a statewide system of free public schools, directly supporting SDG 10 and SDG 4 (Quality Education).
• 1867 Constitution: The current constitution was a reactionary document that diluted the commitment to public education established in 1864, reducing it to a guarantee of a “thorough and efficient” system. This historical context underscores the ongoing challenges in ensuring equitable access to quality education under SDG 4.

A 1967 constitutional convention, prompted by federal mandates for equitable representation (“one person, one vote”), failed to secure voter approval for a new constitution. However, many of its proposed reforms have since been adopted incrementally, reflecting a gradual alignment with the principles of accountable and inclusive institutions (SDG 16).

Analysis of the Declaration of Rights in the Context of SDGs

The Maryland Declaration of Rights provides protections that are fundamental to achieving several SDGs, although gaps remain.

1. Fundamental Freedoms and Justice (SDG 16): The declaration protects freedom of the press, freedom of religion, and provides a “Law of the Land” provision analogous to due process. It also includes a “right to a remedy,” reinforcing access to justice for all.
2. Gender Equality (SDG 5): A 1972 amendment added an equal rights article preventing discrimination based on sex. The 2024 adoption of a guarantee for reproductive freedom further advances SDG 5 and SDG 3 (Good Health and Well-being). However, the failure to update archaic text from “free men” to gender-neutral language indicates incomplete progress toward full gender equality.
3. Reduced Inequalities (SDG 10): The document lacks an individual right to bear arms, distinguishing it from many other states. Its protections against “cruel or unusual” punishments contribute to a more humane justice system, a key component of SDG 16.

Unique Constitutional Provisions and Barriers to Inclusivity

Several unique provisions within the constitution highlight historical and ongoing challenges to achieving SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice and Strong Institutions).

• Jury as Judge of Law: Article 23, which allows jurors to be judges of both law and fact, was historically used as a tool of racial oppression, undermining the goal of impartial justice. Courts have since curtailed its application to prevent this misuse.
• Legacy of Racism: Vestiges of systemic discrimination persist. An overtly racist provision requiring a minimum “white inhabitants” for county creation was only removed in 1976. Article III, Section 46, originated as a demand to compensate former slave owners, illustrating the deep-seated historical barriers to achieving SDG 10.
• Religious Freedom: Article 37 requires public officeholders to declare a “belief in the existence of God.” While progressive for its time by including non-Christians, it has been unenforceable since 1961 as it violates the U.S. Constitution by discriminating against non-theists. Its continued presence is inconsistent with the principles of inclusive societies (SDG 16).
• Urban Development (SDG 11): An article concerning off-street parking in Baltimore, while seemingly parochial, was intended to grant the city eminent domain powers for urban planning, an early mechanism related to the goals of SDG 11 (Sustainable Cities and Communities).

Governance Structure and Institutional Effectiveness

Executive, Legislative, and Judicial Branches (SDG 16)

The constitution’s design for governance directly impacts the state’s capacity to build effective, accountable, and inclusive institutions.

• Executive Branch: Article II creates a strong governor with significant appointment, veto, and budgetary powers. However, authority is shared with an elected attorney general, a comptroller, and the Board of Public Works, creating a system of checks and balances crucial for accountable governance.
• Legislative Branch: Article III establishes a part-time General Assembly with plenary power, limited by rules such as the one-subject requirement. The existence of a referendum power allows for public participation in governance, but the absence of a citizen initiative power limits direct democracy.
• Judicial Branch: Article IV outlines a four-tiered judiciary. The appointment process, a modified “Missouri Plan,” aims to ensure qualified judicial candidates. The rigorous enforcement of the separation of powers doctrine reinforces institutional integrity and the rule of law.

Local Government and Sustainable Communities (SDG 11)

The constitution provides for multiple systems of county and municipal government, including charter and code home rule. These structures empower local jurisdictions to manage their own affairs, which is essential for developing inclusive, safe, and sustainable communities as envisioned by SDG 11. The obsolete nature of Article XI regarding Baltimore’s government highlights the need for continuous modernization to ensure effective local governance.

Constitutional Amendment Process and Modernization

Amendments require proposal by the General Assembly and approval by voters, a process central to the evolution of an effective governing framework (SDG 16). The lack of a citizen-initiated amendment mechanism places significant power with the legislature. Recent amendments reflect responses to contemporary economic, social, and justice issues:

1. Economic and Budgetary Reform: Amendments authorizing slot machine gambling (2008) and refining legislative control over the budget (2020) impact state revenue and fiscal management, which are foundational for funding all SDG-related initiatives.
2. Justice and Health Reform: The 2022 amendment authorizing cannabis legalization relates to justice reform (SDG 16), while the 2024 amendment protecting reproductive freedom is a direct advancement of SDG 3 and SDG 5.

Judicial Interpretation and the Rule of Law

The Supreme Court of Maryland’s interpretive approach is critical for upholding the rule of law (SDG 16). The court generally interprets state constitutional provisions that have federal analogues in lockstep with federal precedent. However, its willingness to engage in independent interpretation on occasion, and the expressed interest of recent appointees in expanding this practice, could lead to stronger state-level protections for rights and a more robust framework for achieving justice and institutional accountability.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 4: Quality Education
   • The article discusses the history of public education in Maryland’s constitutions. It mentions the 1864 constitution’s attempt to “institute a statewide system of free public schools,” which was later reduced in the 1867 constitution to a “guarantee of a ‘thorough and efficient’ system of schools.” This directly relates to the goal of providing quality education.
2. SDG 5: Gender Equality
   • The article highlights issues of gender equality by noting that while provisions for “free men” were amended to “all men,” a “similar update has never been made to reflect that women too, possess these rights.” It also explicitly mentions the addition of an “equal rights article, preventing discrimination on the basis of sex” in 1972 and the 2024 adoption of a “guarantee of reproductive rights,” which are central to achieving gender equality.
3. SDG 10: Reduced Inequalities
   • The article extensively covers the evolution of the constitution in relation to racial and economic inequality. It details the initial “significant property ownership requirements to vote,” the addition of “significant protections for the institution of slavery” in 1851, the 1864 constitution’s role in emancipating enslaved people, and the presence of racist provisions, such as the one requiring “10,000 ‘white inhabitants’ to create a new county,” which was deleted in 1976. These points directly address the reduction of inequalities based on race and economic status.
4. SDG 16: Peace, Justice, and Strong Institutions
   • The entire article is an analysis of a state constitution, which is the foundational document for strong institutions. It discusses the structure of government, including the executive, legislative, and judicial branches, and the principle of separation of powers. It mentions provisions that ensure the rule of law and access to justice, such as the “Law of the Land” provision and the “right to a remedy.” The discussion of constitutional amendment processes, the referendum power, and the development of accountable and transparent governmental bodies is central to this SDG.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 4: Quality Education
   • Target 4.1: By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education. The article’s reference to the constitutional “guarantee of a ‘thorough and efficient’ system of schools” and the historical effort to create a “statewide system of free public schools” connects directly to this target of providing universal, quality education.
2. Under SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere. The adoption of the “equal rights article, preventing discrimination on the basis of sex” in 1972 is a direct measure aimed at achieving this target.
   • Target 5.6: Ensure universal access to sexual and reproductive health and reproductive rights. The 2024 constitutional amendment to “protect reproductive freedom” in response to the Dobbs decision is a clear action toward this target.
3. Under SDG 10: Reduced Inequalities
   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of… race, ethnicity, origin, religion or economic or other status. The article’s account of amending out “property-ownership qualifications” for voting and the emancipation of enslaved people reflects progress toward this target.
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices. The deletion of “overtly racist provision[s],” such as the one concerning the creation of new counties, is a direct example of eliminating discriminatory laws to ensure equal opportunity.
4. Under SDG 16: Peace, Justice, and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and state levels and ensure equal access to justice for all. The Maryland Declaration of Rights’ protection of a “Law of the Land” provision and a “right to a remedy” are constitutional mechanisms designed to uphold the rule of law and provide access to justice.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article’s detailed description of the powers and structures of the executive, legislative, and judicial branches, as well as the checks and balances like the Board of Public Works, relates to the development of such institutions.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The article discusses mechanisms for citizen participation, such as the “referendum power by which the voters may reject a law,” while also noting limitations, like the absence of a “citizen-initiated amendment” process.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The historical progression of the constitution, from protecting slavery to emancipating enslaved people and later adding an “equal rights article” and deleting racist provisions, illustrates the promotion and enforcement of non-discriminatory laws and policies.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. For SDG 4 (Quality Education)
   • Indicator: The existence and legal interpretation of the constitutional “guarantee of a ‘thorough and efficient’ system of schools.” This serves as a legal benchmark against which the state’s educational system can be measured.
2. For SDG 5 (Gender Equality)
   • Indicator: The adoption of specific constitutional amendments, such as the 1972 “equal rights article” and the 2024 amendment to “protect reproductive freedom.” These are concrete legal actions that serve as progress indicators.
   • Indicator: The persistence of gender-biased language in the constitution, such as rights applying to “all men” without an update to explicitly include women, which indicates areas where progress is still needed.
3. For SDG 10 (Reduced Inequalities)
   • Indicator: The removal of discriminatory legal barriers from the constitution. The article points to specific instances, such as the elimination of “property-ownership qualifications” for voting by 1810 and the deletion of the “last overtly racist provision” in 1976.
   • Indicator: The formal emancipation of enslaved people through the 1864 constitution, a landmark legal indicator of progress against inequality.
4. For SDG 16 (Peace, Justice, and Strong Institutions)
   • Indicator: The presence of constitutional articles defining the separation of powers and the functions of the executive (Article II), legislative (Article III), and judicial (Article IV) branches.
   • Indicator: The inclusion of provisions guaranteeing access to justice, such as the “Law of the Land” clause and the “right to a remedy” provision.
   • Indicator: The availability of mechanisms for public participation in law-making, indicated by the existence of a “referendum power.” The lack of a citizen initiative is also an indicator of the limits of this participation.

4. Table of SDGs, Targets, and Indicators

Source: statecourtreport.org