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the
Unconditional Union ticket. Further, to consolidate Union strength and in fear of agitation, Schenck virtually took military control of the supervision of the election. Under such conditions, it is not surprising that the Unconditional Union ticket won an overwhelming victory. When the new General Assembly session began on January 6, 1864, among the first items was a call for a constitutional convention."
243:
Friedman, "History, Development, and
Interpretation of the Maryland Declaration of Rights" (1998), pp. 641–642. "The 1863 elections took place in the long shadow of the National Government. General Robert C. Schenck of the Union Army Corps, headquartered in Baltimore, openly advocated the election of
292:
Reynolds, "The
Continued Importance of the Maryland Declaration of Rights" (1989), pp. 3–4. "The court there was presented with the question of whether a witness had waived her privilege against compelled self-incrimination, by making an earlier statement to the police. The Court, after discussing
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Political fortunes reversed after the war, as the opposition once again had free rein. The
Democrats won large electoral victories and assembled another constitutional convention in 1867. The 1867 convention deleted summarily a statement added in 1864, "That we hold it to be self-evident, that all
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the case law under the Fifth
Amendment, found that even if the witness had waived her privilege under federal law, 'she certainly did not waive her privilege ... under Art. 22 of the Maryland Declaration of Rights.' The privilege, in other words, can be asserted at 'any stage of the inquiry.'"
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Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of
Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new
28:. The Declaration began with 42 distinct articles and now, after amendments, contains 47. These include the guarantee of free speech, protection for people involved in legal cases, a prohibition on monopolies, and, by 1972 amendment, equal rights for the sexes under the law.
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When the
General Assembly held a constitutional convention in 1864, the state of Maryland was occupied by the federal military. The Union army had run the election of 1863 and heavily pushed the "Unconditional Union" party, which favored an end to legal slavery. The
147:: Article 40, which stipulates, "That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege."
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was motivated largely by a power imbalance between
Maryland's two shores, as well as the related issue of slavery. At this point, the preamble of the Declaration changed from a condemnation of the British monarchy to a shorter introductory clause.
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men are created equally free; that they are endowed by their
Creator with certain inalienable rights, among which are life, liberty, the enjoyment of the proceeds of their own labor, and the pursuit of happiness."
154:(1989), the Maryland Court of Appeals held that Article 22 of the Declaration of Rights—"That no man ought to be compelled to give evidence against himself in a criminal case"—extends further than the analogous
134:. Article 1 states that "all Government of Rights originates from the People, is founded in compact only, and instituted solely for the good of the whole." Article 6 states that government officials are:
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In 1971–1972, Maryland deleted the reference to "white men" as the only voters, legal suffrage having already been guaranteed for black men and women of any color designation by, respectively, the
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Voters in 1972 approved
Article 46, an "Equal Rights Article", which guaranteed, "Equality of rights under the law shall not be abridged or denied because of sex."
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Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.
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The Declaration of Rights has been construed in some cases as protecting individual rights where the federal Bill of Rights may not. In
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The first version of the Declaration of Rights contrasts the new government of Maryland with the tyrannical British Monarchy.
48:—of which the Declaration of Rights is the lead statement. There are no known records of the proceedings of this convention.
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The 1776 Declaration declared Legislative, Executive, and Judicial branches "forever separate and distinct"—establishing a
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Voters in 1994 approved Article 47, a "Crime Victims' Rights Article" that guaranteed rights to victims of crime.
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), pp. 648, 684.
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is series of statements establishing certain rights for people in Maryland. The Declaration of Rights opens the
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), p. 640–641.
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), p. 642.
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), p. 647.
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), p. 644.
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Friedman, "History, Development, and Interpretation of the Maryland Declaration of Rights" (1998), p. 640.
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because it provides an unconditional right that cannot be irrevocably waived for the duration of a trial.
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Text of current Declaration of Rights, ratified in 1867, with further amendments included
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Reynolds, "The Continued Importance of the Maryland Declaration of Rights" (1989), p. 4.
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Reynolds, "The Continued Importance of the Maryland Declaration of Rights" (1989), p. 3.
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doctrine far more explicit than the one which came later in the Federal Constitution.
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Magnificent Failure Revisited: Modern Maryland Constitutional Law from 1967 to 1998
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The History, Development, and Interpretation of the Maryland Declaration of Rights
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The Sense of the People: Papers from a Conference on the Maryland Constitution
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in Annapolis. On August 1, 1776, freemen with property in Maryland elected
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and has appeared in some form in all Maryland Constitutions since the
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The Maryland Declaration of Rights bears some similarities to the
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The Declaration establishes a government for Maryland based on
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The Continued Importance of the Maryland Declaration of Rights
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in September 1776. Some parts of the Declaration resemble the
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The Maryland Declaration of Right was created at the 1776
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Friedman, "Magnificent Failure Revisited" (1999), p. 545.
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Maryland Politics and Government: Democratic Dominance.
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