The Maine State Constitution (Oxford Commentaries on the State Constitutions of the United States)

The Maine State Constitution traces the history of Maine's constitution from its statehood in 1820 to the present day, highlighting major trends and developments in constitutional revision and interpretation. In it, Marshall J. Tinkle summarizes the meaning of each constitutional provision in a section-by-section analysis of the constitution, outlining the intent, historical development, and interpretation of each provision. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Maine's constitution. In this second edition, Marshall Tinkle updates his study of the Maine Constitution as part of The Oxford Commentaries on the State Constitutions of the United States . This volume updates the history and development of constitutionalism in Maine, including the complete text of the state's current constitution, with each section accompanied with commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents. Cover Contents Series Foreword Foreword Preface to Second Edition Preface Acknowledgments PART ONE: The History of the Maine Constitution Origins of the Maine Constitution The Maine Constitution in the Nineteenth Century: Tinkering with the Machinery The Maine Constitution in the Twentieth Century: The Triumph of Gradualism The Maine Constitution in Court Conclusion PART TWO: The Maine Constitution and Commentary Preamble Article I: Declaration of Rights Section 1. Natural Rights Section 2. Power Inherent in People Section 3. Religious Freedom; Sects Equal; Religious Tests Prohibited; Religious Teachers Section 4. Freedom of Speech and Publication; Libel; Truth Given in Evidence; Jury Determines Law and Fact Section 5. Unreasonable Searches Prohibited Section 6. Rights of Persons Accused Section 6-A. Discrimination Against Persons Prohibited Section 7. No Person to Answer to Certain Crimes But on Indictment; Exceptions; Juries Section 8. No Double Jeopardy Section 9. Sanguinary Laws; Excessive Bail; Cruel or Unusual Punishments Prohibited Section 10. Bailable Offenses; Habeas Corpus Section 11. Attainder; Ex Post Facto and Contract-Impairment Laws Prohibited Section 12. Treason; Testimony of Two Witnesses Section 13. Suspension of Laws Section 14. Corporal Punishment Under Military Law Section 15. Right of Petition Section 16. To Keep and Bear Arms Section 17. Standing Armies Section 18. Quartering of Soldiers on Citizens Section 19. Right of Redress for Injuries Section 20. Trial by Jury Section 21. Private Property; When to Be Taken Section 22. Taxes Section 23. Title of Nobility Prohibited; Tenure of Offices Section 24. Other Rights Not Impaired Article II: Electors Section 1. Qualifications of Electors; Writt en Ballot; Military Servicemen; Students; Indians Section 2. Electors Exempt from Arrest on Election Days Section 3. Exemption from Military Duty Section 4. Time of State Election; Absentee Voting Section 5. Voting Machines Article III: Distribution of Powers Section 1. Powers Distributed Section 2. To Be Kept Separate Article IV: Part First: House of Representatives Section 1. Legislative Department; Style of Acts Section 2. Number of Representatives; Biennial Terms; Division of the State into Districts for House of Representatives Section 3. Submission of Reapportionment Plan to Clerk of House; Legislature’s Action on Commission’s Plan Section 4. Qualifications; Residency Requirement Section 5. Election of Representatives; Lists of Votes Delivered Forthwith; Lists of Votes Examined by Governor; Summons of Persons Who Appear to Be Elected; Lists Shall Be Laid Before the House Section 6. Vacancies Section 7. To Choose Own Officers Section 8. Power of Impeachment Article IV: Part Second: Senate Section 1. Number of Senators Section 2. Submission of ‘Reapportionment Plan to Secretary of Senate; Legislature’s Action on Commission’s Plan; Division of Stae into Senatorial Districts; Division by Supreme Judicial Court Section 3. Election of Senators; Lists of Votes Delivered Forthwith Section 4. Lists of Votes Examined by Governor; Summons to Persons Who Appear to Be Elected Section 5. Determination of Senators Elected; Procedure for Filling Vacancies Section 6. Qualifications Section 7. To Try Impeachments; Limitation of Judgment of Impeachment; Party Liable to Be Tried and Punished in Court Section 8. To Choose Own Officers Article IV: Part Third: Legislative Power Section 1. To Meet Annually; Power of Legislature to Convene Itself at Other Times; Extent of Legislative Power Section 1-A. Legislature to Establish Apportionment Commission; Number of Quorum; Compensation of Commission Members; Commission’s Budget; Division Among Political Parties Section 2. Bills to Be Signed by the Governor; Proceedings, in Case the Governor Disapproves; Allowing the Governor Ten Days to Act on Legislation Section 2-A. Line-item Veto of Dollar Amounts Appearing in Appropriation or Allocation Sections of Legislative Documents Section 3. Each House the Judge of Its Elections; Majority, a Quorum Section 4. May Punish and Expel Members Section 5. Shall Keep a Journal; Yeas and Nays Section 6. May Punish for Contempt Section 7. Compensation; Traveling Expenses Section 8. Members Exempt from Arrest; Freedom of Debate Section 9. Either House May Originate Bills; Revenue Bills Section 10. Members Not to Be Appointed to Certain Offices Section 11. Persons Disqualified to Be Members Section 12. Adjournments Section 13. Special Legislation Section 14. Corporations, Formed Under General Laws Section 15. Constitutional Conventions Section 16. Acts Become Effective in 90 Days After Recess; Exception; Emergency Bill Defined Section 17. Proceedings for People’s Veto Section 18. Direct Initiative of Legislation Section 19. Effective Date of Measures Approved by People; Veto Power Limited Section 20. Meaning of Words “Electors,” “People,” “Recess of Legislature,” “Statewide Election,” “Measure,” “Circulator,” and “Writt en Petition”; Writt en Petitions for People’s Veto; Writt en Petitions for Direct Initiative Section 21. City Council of Any City May Establish Direct Initiative and People’s Veto Section 22. Election Officers and Officials; How Governed Section 23. Municipalities Reimbursed Annually Article V: Part First: Executive Power Section 1. Governor Section 2. Term of Office; Reelection Eligibility Section 3. Election; Votes to Be Returned to Secretary of State; Secretary of State to Lay Lists Before the Senate and House of Representatives; Provision in Case of Tie Section 4. Qualifications Section 5. Disqualifications Section 6. Compensation Section 7. Commander in Chief Section 8. To Appoint Officers; Procedure for Confirmation; Affirmative Votes of 2/3 of Members Required; Governor or President of Senate May Call Senate into Session; Nomination by Governor Made 7 Days Prior to Appointment of Nominee Section 9. To Give Information and Recommend Measures Section 10. May Require Information of Any Officer Section 11. Power to Pardon and Remit Penalties, etc.; Conditions Section 12. Shall Enforce the Laws Section 13. Convene the Legislature on Extraordinary Occasions, and Adjourn It in Case of Disagreement; May Change the Place of Meeting Section 14. Vacancy, How Supplied; Mental or Physical Disability of the Governor Continuously for More Than 6 Months Section 15. Temporary Mental or Physical Disability of the Governor Article V: Part Second: Secretary Section 1. Election Section 1-A. Succession to the Office of Secretary of State Section 2. Records of State; Deputies Section 3. Attend the Governor, Senate, and House Section 4. Records of Executive and Legislative Departments Article V: Part Third: Treasurer Section 1. Election Section 1-A. Succession to the Office of Treasurer Section 2. Bond Section 3. Not to Engage in Trade Section 4. No Money Drawn Except upon Appropriation or Allocation Section 5. Bonding Regulations; Prohibiting Use of Proceeds from Sale of Bonds to Fund Current Expenditures Article VI: Judicial Power Section 1. Courts Section 2. Compensation Section 3. To Give Opinion When Required by Governor of Either Branch of the Legislature Section 4. Tenure of Judicial Officers: 6-Month Holdover Period Section 5. Limitation on Holding Other Office Section 6. Judges and Registers of Probate, Election and Tenure; Vacancies Article VII: Military Section 1. Officers, How Appointed Section 2. Qualifications and Selection Section 3. Adjutant General Section 4. Standard of Organization, Armament and Discipline Section 5. Persons Exempt from Military Duty Article VIII: Part First: Education Section 1. Legislature Shall Require Towns to Support Public Schools; Duty of Legislature Section 2. Authority to Pledge the Credit of the State and to Issue Bonds for Loans to Maine Students in Higher Education and Their Parents Article VIII: Part Second: Municipal Home Rule Section 1. Power of Municipalities to Amend Their Charters Section 2. Construction of Buildings for Industrial Use Article IX: General Provisions Section 1. Oaths and Subscriptions; Alternative Affirmation; Administration of Oaths to Governor, Senators, Representatives, and Other Officers Section 2. Offices Incompatible with Each Other; Election to Congress Disqualifies Section 3. Commissions Section 4. Elections on the First Wednesday After First Tuesday of January May Be Adjourned from Day to Day Section 5. Removal by Impeachment or Address Section 6. Tenure of Office Section 7. Valuation Section 8. Taxation Section 9. Power of Taxation Section 10. Tenure of Sheriffs; Removal of Sheriff from Office and Replacement Section 11. Attorney General Section 12. Voting Districts Section 13. Bribery at Elections Section 14. Authority and Procedure for Issuance of Bonds Section 14-A. Authority to Insure Industrial, Manufacturing, Fishing and Agricultural Mortgage Loans Section 14-B. Authority to Insure Revenue Bonds of the Maine School Building Authority Section 14-C. Authority to Insure Mortgage Loans for Indian Housing Section 14-D. Authority to Insure Maine Veterans’ Mortgage Loans, and to Appropriate Moneys and Issue Bonds for the Payment of Same Section 15. Municipal Borrowing Regulated by Legislature Through General Law Section 16. Seat of Government Section 17. Continuity of Government in Case of Enemy Attack Section 18. Limitation on Use of Funds of Maine State Retirement System Section 18-A. Funding of Retirement Benefits under the Maine State Retirement System Section 18-B. Payment of Unfunded Liabilities of the Maine State Retirement System Section 19. Limitation on Expenditure of Motor Vehicle and Motor Vehicle Fuel Revenues Section 20. Mining Excise Tax Trust Fund Section 21. State Mandates Section 22. Revenues Generated by Fisheries and Wildlife Management Section 23. State Park Land Section 24. Reapportionment Section 25. Apportionment of County Commissioner Districts Article X: Additional Provisions Section 1. Section 2. Section 3. Laws Now in Force Continue Until Repealed Section 4. Amendments to Constitution Section 5. Section 6. Constitution to Be Arranged by Chief Justice of Supreme Judicial Court; Constitution to Be Enrolled and Printed with Laws; Supreme Law of the State Section 7. Original Sections 1, 2, 5, of Art. X Not to Be Printed; Section 5 in Full Force Bibliographical Essay Table of Cases Index A B C D E F G H I J K L M N O P Q R S T U V W About the Author