the minority position. The right of the jury to be judge of the law has since been declared unconstitutional, at least with respect to matters implicating federal constitutional rights, by the Maryland Court Appeals in Unger vs. Maryland (2012). While the Declaration of Rights does say that "a well regulated Militia is the proper and natural defence of a free Government," it does not guarantee a right to bear arms. The Maryland Constitution is one of the few state constitutions that lacks the equivalent of the federal Second Amendment. Reflecting Maryland's history of religious toleration, it limits the guarantee against religious disabilities to those who believe in God and divine rewards and punishments. Article 36 includes the wording: nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come. A unanimous 1961 decision by US Supreme court in the case of Torcaso v. Watkins found that an attempt to enforce this provision violated the First and Fourteenth Amendments to the United States Constitution. In 1970, this article was amended to include the sentence "Nothing in this article shall constitute an establishment of religion". The original wording of the article was left in place, presumably as symbolic rather than effective. Maryland's Constitution describes the separation of powers doctrine, which is implied in the federal constitution. The Maryland Constitution states that "the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other." Elective Franchise Article I defines the requirements for holding elections, the qualifications to be allowed to vote, and penalties for voter misconduct (such as intentionally voting in a district one does not reside in, or voting more than once in an election). Executive Department Article II creates the offices of Governor and Lieutenant Governor, establishes the qualifications for candidates, the rules for counting ballots, deciding who shall become governor or Lieutenant governor in the event of a tie, impeachment for misconduct, and the process for replacement if the office becomes vacant temporarily or permanently due