Maine Constitution
| Maine Constitution |
|---|
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| Preamble |
| Articles |
| I • II • III • IV-1 • IV-2 • IV-3 • V-1 • V-2 • V-3 • VI • VII • VIII-1 • VIII-2 • IX • X |
The Maine Constitution is the state constitution of Maine.
- The current Maine Constitution was adopted in 1820.
- Maine has had one state constitution.
- The current state constitution has 10 articles.
- The current Maine Constitution has been amended 177 times.[1]
- The most recent amendments to the Maine Constitution were approved by voters on November 7, 2023.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
Maine's constitution was first adopted in 1820, making it the 23rd state in the Union. The constitution has been amended many times since 1820, and has been re-codified every 10 years beginning in the late 19th century..[2]
The Maine Constitution was approved by Congress on March 4, 1820, as part of the Missouri Compromise, since the Maine Constitution did not recognize slavery. Maine was previously the District of Maine in the Commonwealth of Massachusetts. Several referenda were held (1792, 1797, 1816, 1819) testing voter sentiment for separation from Massachusetts. The Maine Constitution was eventually written over a three-week period in 1819 by a convention of delegates during the statehood movement following the Revolutionary War and approved by voters the same year. The Maine Constitution was approved by all 210 delegates to the Maine constitutional convention, which was held during October 1819 in Portland, Maine. Maine was then accepted into the Union in 1820 as the twenty-third state in the Union, with the 1819 constitution as its fundamental governing document.[2]
Preamble
- See also: Preamble, Maine Constitution and Preambles to state constitutions
The text of the Preamble to the Maine Constitution states:
Article I: Declaration of Rights
- See also: Article I, Maine Constitution
Article I contains 24 sections, the longest of which is on religious freedom. The first section states:[3]
| “ | All people are born equally free and independent, and have certain natural, inherent and unalienable rights.[4] | ” |
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Article II: Electors
- See also: Article II, Maine Constitution
Article II has five sections and describes who may vote for members of the state government.[3]
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Article III: Distribution of Powers
- See also: Article III, Maine Constitution
Article III consists of two sections. It divides the state government into three distinct departments: the legislative, executive and judicial.[3]
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Article IV-1: House of Representatives
Article IV is written in three distinct parts, the first part establishes the House of Representatives.
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Article IV-2: Senate
Article IV is written in three distinct parts, the second part establishes the Senate.
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Article IV-3: Legislative Power
Article IV is written in three distinct parts, the third part establishes the legislative power.
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Article V-1: Executive Power
Article V is written in three distinct parts, the first part establishes the executive power.
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Article V-2: Secretary
Article V is written in three distinct parts, the second part establishes the Secretary.
Article V--Part Second, Maine Constitution
Article V-3: Treasurer
Article V is written in three distinct parts, the third part establishes the Treasurer.
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Article VI: Judicial Power
- See also: Article VI, Maine Constitution
Article VI establishes and describes the powers of the Maine Supreme Judicial Court and other such courts established by the Maine State Legislature.
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Article VII: Military
- See also: Article VII, Maine Constitution
Article VII is concerned with the military and describes the state militia, known as the Maine National Guard.
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Article VIII-1: Education
Article VIII is written in two distinct parts, the first part has two sections and focuses on education.
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Article VIII-2: Home Rule
Article VIII is written in two distinct parts, the second part has two sections and focuses on home rule.
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Article IX: General Provisions
- See also: Article IX, Maine Constitution
Article IX has 24 sections.
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Article X: Additional Provisions
- See also: Article X, Maine Constitution
Article X has seven sections and describes how the constitution can be amended.
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Amendments to the Constitution
The Maine Constitution may be amended in two ways—through the legislative process, or a state constitutional convention. Maine residents cannot put a constitutional amendment on the ballot through the power of initiative. Maine does feature the power of initiative for initiated state statutes.
Legislature
A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 15 of Part III of Article IV, the legislature can, by a two-thirds concurrent vote of both branches, call a constitutional convention. Maine has never called such a convention; however, two "constitutional commissions" were impaneled, one in 1876 and one in 1962, but neither led to significant changes.
See also
- List of amendments to the Maine Constitution
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Maine Legislature, "Constitution of the State of Maine"
- Maine: An Encyclopedia, "Constitution, Maine"
Footnotes
- ↑ According to Steinglass and Scarselli (2022), the Constitution of 1851 had been amended 170 times through 2018. Since 2018, voters have approved three additional constitutional amendments.
- ↑ 2.0 2.1 Tinkle, M. (2013). The Maine State Constitution. New York, NY: Oxford University Press
- ↑ 3.0 3.1 3.2 3.3 Maine.gov, "Constitution of the State of Maine," accessed March 28, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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