Maryland Constitution Article IX - Militia & Military Affairs
Maryland Constitution – Article IX: Militia and Military Affairs
Overview:
Article IX of the Maryland Constitution addresses the organization, duties, and regulation of the militia and military forces of the state. It outlines the authority of the state over military matters and the role of the Governor as the commander-in-chief.
🔹 Section-by-Section Summary:
Section 1 – Militia Under State Authority
The General Assembly must make laws to organize, equip, and discipline the militia.
Maryland can maintain its own military forces for defense and emergencies, as allowed by U.S. law.
📌 This affirms the state's authority to maintain a militia for its defense and public safety.
Section 2 – Governor as Commander-in-Chief
The Governor is the commander-in-chief of the militia, army, and navy of the state.
The Governor can call out the militia to enforce laws, suppress insurrections, and repel invasions.
📌 Establishes executive military authority within the state.
Section 3 – Military Subordination to Civil Power
The military is subordinate to civil authority at all times.
📌 Ensures that military power does not override civilian government.
Section 4 – Exemptions from Militia Duty
The General Assembly may make laws to exempt certain individuals (like conscientious objectors) from militia service.
📌 Allows for legal accommodations based on personal or religious beliefs.
Section 5 – Safeguards Against Military Rule
No soldier shall be quartered in any house without the owner’s consent, in peace or war, except as prescribed by law.
📌 Reflects principles similar to the 3rd Amendment of the U.S. Constitution.
✅ Key Takeaways:
Maryland has the right to maintain and regulate its own militia.
The Governor leads the military forces of the state.
Civil authority always outranks military authority.
Protections exist against forced military service and quartering soldiers in private homes.
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