Maryland Manual 1996-1997 Legislature / 53

ORIGIN & FUNCTIONS

The Senate of Maryland originated as the Upper House of the General Assembly, formally distinguished
from the Lower House in 1650. This division provided "for the more convenient dispatch of the busines
therein to bee consulted of (Chapter 1, Acts of 1650). Since the Upper House consisted of the Governor
and his Council, all of whom held close personal and political ties with the Lord Proprietary, the separation
of the two Houses gave Lord Baltimore control of the legislature. The political interests of the Upper
House regularly came in conflict with those of the Lower House, which advocated a popular government
and more legislative influence.

In the decade following its creation, the bicameral system faced several major challenges. Many were
rooted in colonial politics, but some grew out of religious conflicts and the English Civil War. Puritan
governors, appointed by the Parlimentary Commissioners in England, twice convened unicameral
legislatures in Maryland, first in 1654, and again in 1657. Catholic Lord Baltimore regained control of
the colony in 1658 with the aid of several loyal Protestants, including Josias Fendall. To show his
appreciation, Baltimore appointed Fendall governor of Maryland. In 1660 though, Fendall turned traitor,
conspiring with the Lower House to abolish the Upper House and establish a commonwealth system of
government {Archives of Maryland I: 388-391). "Fendall's Rebellion" was short-lived, as Proprietary
forces quickly regained control of the government. Once restored, the Upper House kept the same
composition for the next century. The only major change was the removal of the governor's position from
the Upper House in 1675.

The Constitution of 1776 officially established the Senate and severed all ties between the Senate and
the Governor's Council. An electoral college was created to choose fifteen senators. Voters in each county
selected two electors, while Baltimore and Annapolis each sent one elector to represent their interests.
Although each elector represented a specific county or city, the senators were not required to represent
jurisdictions. The only stipulation provided in the Constitution was that nine senators should be residents
of the Western Shore, and the other six of the Eastern Shore. Each senator served a five-year term. The
first elections under this system took place in 1781 (Const. 1776, secs. 14-18).

The elections of 1838 effected the first major reform of the Senate. Voters ratified numerous
Constitutional amendments regulating the geographic distribution of Senate seats, a process which had
been overrun by economic, social and political biases. The electoral college was abolished, and voters for
the first time directly chose their senators. Twenty-one senators were elected; one from each county and
Baltimore City. Senatorial terms expanded to six years, and a rotational election system was established
so that only one-third of the senators stood for election every two years. The amendments also abolished
the Governor's Council (Chapter 197, Acts of 1836, secs. 2, 3, 13). To this day, the Senate still functions
as the Governor's Council when it confirms or rejects appointments made by the Governor.

Despite the political turmoil of the mid-nineteenth century, in Maryland, the Senate experienced only
minor changes. The Constitution of 1851 reduced senators' terms to four years, while the Constitution
of 1864 divided Baltimore City into three legislative districts, each with their own senator. The Senate
was left untouched by the Constitution of 1867, and would remain so for nearly a century.

While Maryland's population grew and shifted in the twentieth century, its legislative apportionment
plan remained unchanged. Burgeoning urban and suburban areas were severely under-represented, while
the older, rural counties continued to dominate the Senate. In a series of cases, the United States Supreme
Court decided that malapportioned state legislatures violated the equal protection clause of the Four-
teenth Amendment. In 1964, the Supreme Court directed the Maryland General Assembly to draft
legislation to reapportion the legislature based on the "one man, one vote" principle. A special session of
the General Assembly convened in 1965. Resulting legislation divided Maryland into sixteen senatorial
districts, with each district electing from one to seven senators (Chapter 2, Acts of Special Session 1965).
For the first time in Maryland's history, some districts contained multiple counties. These changes had
their greatest impact on the historically over-represented Eastern Shore, as the nine counties were
combined into two districts and elected only four senators between them. Although many counties were
combined to form single districts, none were divided into multiple districts. As a result, the Senate elected
in 1966 was not truly representative of the state's population, but came closer to that objective than any
previous legislative body.

A Constitutional amendment approved by the voters in 1972, continued the process of electoral
reform. The amendment created 47 legislative election districts based on population. For the first time,
districts encompassed parts of a county, multiple counties, or parts of adjoining counties. Since the 1974
elections, each of the General Assembly's 47 senators has been elected from one of these districts.