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Oxford Law Citator
Preface to Second Edition
Part One The History of the Maine Constitution
The History and Development 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
Part Two The Maine Constitution and Commentary
Art.I Declaration of Rights
s.1 Natural rights.
s.2 Power inherent in people.
s.3 Religious freedom; sects equal; religious tests prohibited; religious teachers.
s.4 Freedom of speech and publication; libel; truth given in evidence; jury determines law and fact.
s.5 Unreasonable searches prohibited.
s.6 Rights of persons accused.
Right to be Heard.
Right to Self-representation.
Right to Counsel.
Right to Be Informed of Charges.
Right to Speedy Trial.
Right to Public Trial.
Right to Impartial Trial.
Right of Confrontation.
Right of Compulsory Process.
Right to a Jury.
Right to Jury of Vicinity.
Protection Against Self-incrimination.
Right to “Law of the Land.”
s.6-A Discrimination against persons prohibited.
s.7 No person to answer to certain crimes but on indictment; exceptions; juries.
s.8 No double jeopardy.
s.9 Sanguinary laws; excessive bail; cruel or unusual punishments prohibited.
s.10 Bailable offenses; habeas corpus.
s.11 Attainder; ex post facto and contract-impairment laws prohibited.
s.12 Treason; testimony of 2 witnesses.
s.13 Suspension of laws.
s.14 Corporal punishment under military law.
s.15 Right of petition.
s.16 To keep and bear arms.
s.17 Standing armies.
s.18 Quartering of soldiers on citizens.
s.19 Right of redress for injuries.
s.20 Trial by jury.
s.21 Private property; when to be taken.
s.23 Title of nobility prohibited; tenure of offices.
s.24 Other rights not impaired.
s.1 Qualifications of electors; written ballot; military servicemen; students; Indians.
s.2 Electors exempt on election days.
s.3 Exemption from military duty.
s.4 Time of state election; absentee voting.
s.5 Voting machines.
Art.III Distribution of Powers
s.1 Powers distributed.
s.2 To be kept separate.
Art.IV, Part First House of Representatives
s.1 Legislative department; style of acts.
s.2 Number of Representatives; biennial terms; division of the State into districts for House of Representatives.
s.3 Submission of reapportionment plan to Clerk of House; Legislature’s action on commission’s plan.
s.4 Residency requirement.
s.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.
s.7 To choose own officers.
s.8 Power of impeachment.
Art.IV, Part Second Senate
s.1 Number of Senators.
s.2 Submission of reapportionment plan to Secretary of Senate; Legislature’s action on commission’s plan; division of State into Senatorial Districts; division by Supreme Judicial Court.
s.3 Election of Senators; lists of votes delivered forthwith.
s.4 Lists of Votes Examined by Governor; Summons to Persons Who Appear to Be Elected.
s.5 Determination of Senators elected; procedure for filling vacancies.
s.7 To try impeachments; limitation of judgment of impeachment; party liable to be tried and punished in court.
s.8 To choose own officers.
Art.IV, Part Third Legislative Power
s.1 To meet annually; power of Legislature to convene at other times; extent of legislative power.
s.1-A Legislature to establish Apportionment Commission; number of quorum; compensation of commission members; commission’s budget; division among political parties.
s.2 Bills to be signed by the Governor; proceedings, in case the Governor disapproves; allowing the Governor 10 days to act on legislation.
s.2-A Line-item veto of dollar amounts appearing in appropriation or allocation sections of legislative documents.
s.3 Each House the judge of its elections; majority, a quorum.
s.4 May punish and expel members.
s.5 Shall keep a journal; yeas and nays.
s.6 May punish for contempt.
s.7 Compensation; traveling expenses.
s.8 Members exempt from arrest; freedom of debate.
s.10 Members not to be appointed to certain offices.
s.11 Persons disqualified to be members.
s.13 Special legislation.
s.14 Corporations, formed under general laws.
s.15 Constitutional conventions.
s.16 Acts become effective in 90 days after recess; exception; emergency bill defined.
s.17 Proceedings for people’s veto.
s.18 Direct Initiative of Legislation.
s.19 Effective date of measures approved by people; veto power limited.
s.20 Meaning of words “electors,” “people,” “recess of legislature,” “statewide election,” “measure,” “circulator,” and “written petition”; written petitions for people’s veto; written petitions for direct initiative.
s.21 City council of any city may establish direct initiative and people’s veto.
s.22 Election officers and officials; how governed.
s.23 Municipalities reimbursed annually.
Art.V, Part First Executive Power
s.2 Term of office; reelection eligibility.
s.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 vase of tie.
s.7 Commander in chief.
s.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.
s.9 To give information and recommend measures.
s.10 May require information of any officer.
s.11 Power to pardon and remit penalties, etc.; conditions .
s.12 Shall enforce the laws.
s.13 Convene the Legislature on extraordinary occasions, and adjourn it in case of disagreement; may change the place of meeting.
s.14 Vacancies, how supplied; mental or physical disability of the Governor continuously for more than 6 months.
s.15 Temporary mental or physical disability of the Governor.
Art.V, Part Second Secretary
s.1-A Succession to the office of Secretary of State.
s.2 Records of State; Deputies.
s.3 Attend the Governor, Senate, and House.
s.4 Records of Executive and Legislative Departments.
Art.V, Part Third Treasurer
s.1-A Succession to the office of Treasurer.
s.3 Not to Engage in Trade.
s.4 No Money Drawn Except upon Appropriation or Allocation.
s.5 Bonding Regulations; Bond Proceeds Not to Be Used for Current Expenditures.
Art.VI Judicial Power
s.3 To give opinion when required by Governor or either branch of the Legislature.
s.4 Tenure of judicial officers: 6-month holdover period.
s.5 Limitation on holding other office.
s.6 Judges and registers of probate, election and tenure; vacancies.
s.1 Officers, how appointed.
s.2 Qualifications and selection.
s.3 Adjutant General.
s.4 Standard of organization, armament and discipline.
s.5 Persons exempt from military duty.
Art.VIII, Part First Education
s.1 Legislature shall require towns to support public schools; duty of Legislature.
s.2 Authority to pledge the credit of the State and to issue bonds for loans to Maine students in higher education and their parents.
Art.VIII, Part Second Municipal Home Rule
s.1 Power of municipalities to amend their charters.
s.2 Construction of buildings for industrial use.
Art.IX General Provisions
s.1 Oaths and subscriptions; alternative affirmation; oaths of Governor; administration of oaths to Governor, Senators, Representatives, and other officers.
s.2 Offices incompatible with each other; election to Congress disqualifies.
s.4 Elections on the first Wednesday after first Tuesday of January may be adjourned from day to day.
s.5 Removal by impeachment or address.
s.6 Tenure of office.
s.9 Power of taxation.
s.10 Tenure of sheriffs; removal of sheriff from office and replacement.
s.11 Attorney General.
s.12 Voting districts.
s.13 Bribery at Elections.
s.14 Authority and procedure for issuance of bonds.
s.14-A Authority to insure industrial, manufacturing, fishing and agricultural mortgage loans.
s.14-B Authority to insure revenue bonds of the Maine School Building Authority.
s.14-C Authority to insure mortgage loans for Indian housing.
s.14-D Authority to insure Maine veterans’ mortgage loans, and to appropriate moneys and issue bonds for the payment of the dame.
s.15 Municipal borrowing regulated by Legislature through general law.
s.16 Seat of government.
s.17 Continuity of Government in case of enemy attack.
s.18 Limitation on use of funds of Maine State Retirement System.
s.18-A Funding of retirement benefits under the Maine State Retirement System.
s.18-B Payment of unfunded liabilities of the Maine State Retirement System.
s.19 Limitation on expenditure of motor vehicle and motor vehicle fuel revenues.
s.20 Mining Excise Tax Trust Fund.
s.21 State mandates.
s.22 Revenues generated by fisheries and wildlife management.
s.23 State park land.
s.25 Apportionment of county commissioner districts.
Art.X Additional Provisions
s.3 Laws now in force continue until repealed.
s.4 Amendments to Constitution.
s.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.
s.7 Original sections 1, 2, 5, of Art. X not to be printed; section 5 in full force.
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The Maine State Constitution (2nd Edition)
Marshall J. Tinkle
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
11 April 2013