Keith Mack
Maine's Constitution was ratified in 1820, and it has been amended 177 times since then. The state re-codifies its constitution every 10 years, deleting repealed sections while preserving the overall structure. The Maine Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It consists of 10 articles, including the right to freedom of religion, the prohibition of cruel or unusual punishments, and the right to peaceably assemble. The state of Maine has its own set of laws, including the Maine Constitution, laws passed by the Maine legislature, and decisions by courts that interpret Maine laws.
| Characteristics | Values |
|---|---|
| Date of ratification | 1820 |
| Last amended | November 2023 |
| Number of amendments | 177 |
| Number of articles | 10 |
| Religious freedom | Guaranteed |
| Separation of powers | Yes |
| Legislative power | Divided into House of Representatives and Senate |
| Prohibition on legislature chartering corporations | Yes |
| Voting on amendments | Requires two-thirds majority in each chamber of the legislature |
| Judicial review | Conducted by Maine Supreme Judicial Court |
| Federal laws | Applicable |
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What You'll Learn
Maine's Constitution was ratified in 1820
Maine's Constitution, which was first ratified in 1820, has been amended many times since. The current Maine Constitution was adopted in 1820 and has been amended 177 times as of 2022. The most recent amendments were approved by voters on November 7, 2023.
The Maine Constitution was written in 1819 by a convention of delegates during the statehood movement following the Revolutionary War. It was approved by all 210 delegates to the Maine Constitutional Convention, held in October 1819 in Portland, Maine. Maine was then accepted into the Union in 1820 as the 23rd state, with the 1819 constitution as its fundamental governing document.
The Maine Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It consists of a preamble and ten articles (divisions), the first of which is a "Declaration of Rights".
The constitution is similar to the Massachusetts Constitution of 1780, which used the phrase "born free and equal", the basis for which slavery was abolished in that state in 1820. Notably, the Maine Constitution did not recognize slavery. The section on religious freedom starts with, "all individuals have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences".
Maine is one of the states that prohibit the legislature from chartering corporations, as dealt with in Article IV, Part Third, Sections 13 and 14. Despite this, the legislature has embedded a complex corporate network of corporations that serve as "an instrumentality of the state".
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The Constitution has 10 articles
The Maine Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Maine's constitution was written in 1819 and ratified in 1820, making it the 23rd state in the Union. The current Maine Constitution has 10 articles and has been amended 177 times, with the most recent amendments approved by voters on November 7, 2023.
Article I of the Maine Constitution contains 24 sections, the longest of which pertains to religious freedom. Article III consists of two sections and divides the state government into three distinct departments: the legislative, executive, and judicial branches. Article IV is written in three parts, with the first establishing the House of Representatives, the second establishing the Senate, and the third addressing legislative power and prohibiting the legislature from chartering corporations.
The Maine Constitution also includes provisions for amending the document, with Section 4 of Article VII outlining the amendment process. Additionally, Section 7 of Article X forbids the printing of certain sections while maintaining their validity. The constitution has been re-codified every 10 years, beginning in the late 19th century.
While Maine's Constitution has been amended numerous times, the state has never called a constitutional convention as outlined in Section 15 of Part III of Article IV. However, two "constitutional commissions" were impanelled in 1876 and 1962, but neither led to significant changes. The Maine Constitution is a vital document that outlines the state's governing principles and ensures the protection of the rights and liberties of its citizens.
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Article IV, Part Third, Sections 13 and 14
Maine's Constitution, the fundamental document outlining the state's framework for governance, was ratified in 1820 and has been amended 177 times since. It is one of the state constitutions that prohibits the legislature from chartering corporations. This is addressed in Article IV, Part Third, Sections 13 and 14.
Article IV, Part Third, of the Maine Constitution is entitled "Legislative Power" and consists of 25 sections. Section 13, "Special legislation," states that the Legislature must provide, as far as practicable, by general laws, for all matters usually related to special or private legislation. In other words, the Legislature is responsible for creating general laws that address specific or private matters when practicable.
Section 14, "Corporations, formed under general laws," stipulates that corporations must be formed under general laws and not by special acts of the Legislature, except for municipal purposes or when the corporation's objectives cannot be achieved otherwise. Regardless of how they are formed, corporations are subject to the state's general laws. Despite this constitutional prohibition, Maine's Legislature has established a complex network of corporations that serve as "instrumentalities of the state" and are deemed "'essential government functions.'" These corporations are linked to a network of "public-private relationships."
In addition to Sections 13 and 14, Article IV, Part Third, of the Maine Constitution includes several other notable sections. For example, Section 15 allows the legislature to call a constitutional convention by a two-thirds concurrent vote of both branches, though this has never occurred. The Maine Constitution has also been amended numerous times under Article IV, Part Third, including the removal of gender-biased language in 1988 and the approval of various initiatives and referendums in the 20th and 21st centuries.
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Article IX, Sections 11-15
Maine's Constitution was ratified in 1820 and has been amended 177 times since. It is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Article IX of the Maine Constitution is entitled "General Provisions" and consists of 23 sections. Sections 11-15 of Article IX cover the following:
Section 11
This section deals with the state's borrowing power and was added to the constitution as a proposed constitutional amendment in 1951. It was approved by voters on September 10, 1951.
Section 12
Section 12 pertains to the limits on state-guaranteed loans. It was proposed as a constitutional amendment in 1978 and approved by voters on November 7, 1978.
Section 13
This section addresses the issue of special legislation. It states that the legislature shall provide, as far as practicable, by general laws, for all matters usually related to special or private legislation. Despite this section, the legislature has embedded a complex corporate network linked to "public-private relationships."
Section 14
Section 14 concerns the formation of corporations. It states that corporations shall be formed under general laws and not by special acts of the legislature, except for municipal purposes or when the corporation's objects cannot otherwise be attained. Regardless of how they are formed, corporations are subject to the state's general laws.
Section 15
According to Section 15, the legislature can call a constitutional convention by a two-thirds concurrent vote of both branches. However, Maine has never called such a convention, opting instead for "constitutional commissions" in 1876 and 1962, neither of which led to significant changes.
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Religious freedom
The Maine Constitution, first adopted in 1820, is the state constitution of Maine. It has been amended 177 times, with the most recent amendments approved by voters on November 7, 2023. The constitution has 10 articles, with the longest section in Article I dedicated to religious freedom.
The section on religious freedom in the Maine Constitution states:
> All individuals have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences, and no person shall be hurt, molested or restrained in that person's liberty or estate for worshipping God in the manner and season most agreeable to the dictates of that person's own conscience, nor for that person's religious professions or sentiments, provided that that person does not disturb the public peace, nor obstruct others in their religious worship; -- and all persons demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust, under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers.
This section guarantees the right of individuals to worship according to their beliefs, as long as they do not disturb the peace or obstruct others. It also ensures that all citizens are protected under the law, regardless of their religious sect, and that religious societies have the right to choose their leaders.
Additionally, Maine has enacted the Preservation of Religious Freedom Act, which allows individuals to take legal action if their right to exercise their religion is burdened by government laws or authority. This Act seeks to protect religious freedom and ensure that the government demonstrates a compelling interest in any laws that may burden religious practices.
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Frequently asked questions
Yes, the Maine Constitution is the state constitution of Maine.
The Maine Constitution was written in 1819, over a three-week period, by a convention of delegates during the statehood movement following the Revolutionary War.
The Maine Constitution was ratified in 1820, making Maine the 23rd state in the Union.
The Maine Constitution has been amended 177 times, with the most recent amendments approved by voters on November 7, 2023.
The amendment process starts with the legislature. A constitutional amendment will be placed on a ballot if two-thirds of each chamber of the legislature vote in its favor.
