The History, Development, and Interpretation of the Maryland Declaration of Rights

Abstract

The article first reviews the basic arguments in favor of independent state constitutional jurisprudence. Although familiar to the state constitutional scholar, many practitioners are unaccustomed to invoking the often-greater protections afforded by state constitutions than by the federal document. A brief historical sketch of the political and social environs in which the various versions of the Maryland Declaration of Rights were adopted follows. Specific techniques for incorporating the Maryland Declaration of Rights into legal argument also are discussed. At the heart of this article, in chart form, each provision of every version of the Maryland Declaration of Rights is analyzed. The chart, its accompanying commentary, and bibliography provide the raw material for crafting arguments based on the Maryland Declaration of Rights. Although the article is, of course, geared toward Maryland lawyers, it is useful to all practitioners to assist them in understanding how to develop alternative approaches to analysis to formulate winning arguments under state constitutional law. It also may be helpful as a guide to the type of historical research required in other states.