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Part Two The Delaware ...
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Oxford Law Citator
The Delaware State Constitution, 2nd Edition by Holland, Randy J (10th January 2017)
Part One The History and Development of the Delaware Constitution
The History and Development of the Delaware Constitution
The Constitution of 1776
The Constitution of 1792
The Constitution of 1831
The Convention and Failed Constitution of 1853
Delaware in the Middle and Late Nineteenth Century
The Convention and Constitution of 1897
Constitutional Change in the Twentieth Century
Part Two The Delaware Constitution and Commentary
Art.I Bill of Rights
s.1 Freedom of Religion.
s.2 Religious Test for Office not Required.
s.3 Free and Equal Elections.
s.4 Trial by Jury.
Criminal Jury Trials
Civil Jury Trials
s.5 Freedom of Press; Evidence in Libel Prosecutions; Jury Questions.
s.6 Searches and Seizures.
Warrantless Searches or Seizures
Consent to Search
Knock and Announce Rule
Standing to Challenge Search
Delaware’s Constitutional Exclusionary Rule
s.7 Procedural Rights in Criminal Prosecutions; Jury Trial; Self-Incrimination; Deprivation of Life, Liberty or Property.
Right to Counsel
Plainly and Fully Informed
Right to Confrontation “Face to Face”
Compulsory Process by Self, Friend, or Counsel
Judgment of His or Her Peers
Due Process: Procedural and Substantive
Right of Self-Determination
s.8 Prosecution by Indictment or Information; Double Jeopardy; Just Compensation for Property.
Prosecution by Indictment
Taking of Property
Compensation for Property Taken
Lawyer’s Duty as Court Officer
s.9 Courts Shall be Open; Remedy for Injury; Suits Against State.
Injury to Reputation
Remedy by the Due Course of Law
Sovereign Immunity—Suits against the State
Administration of Justice According to Right of Cause
Law of the Land Means Due Process
No Civil Death
s.10 Suspension of Laws by General Assembly.
s.11 Excessive Bail or Fines; Cruel Punishments; Health of Prisoners.
s.12 Right to Bail; Access to Accused.
s.13 Suspension of Habeas Corpus.
s.14 Commission of Oyer and Terminer, or Jail Delivery.
s.15 Corruption of Blood; Forfeiture; Descent of Suicides’ Estate.
s.16 Right of Assembly; Petition for Redress of Grievances.
s.17 Standing Army; Necessity for Legislative Consent; Subordination of Military.
s.18 Prohibition Against Quartering Soldiers in Homes.
s.19 Hereditary Distinctions; Holding Office During Good Behavior; Offices and Titles from Foreign States.
s.20 Right to Keep and Bear Arms.
s.1 General Assembly to Hold Legislative Power; Composition.
s.2 Composition of House and Senate; Terms of Office; Districts; Election.
s.2A Additional Representative Districts.
s.2B Delegates to the Constitutional Convention.
s.3 Qualifications of Members.
House of Representatives: 1776–1831
Council and the Senate: 1776–1831
Constitution of 1897
s.4 Time and Frequency of Sessions.
s.5 Place of Meeting.
s.6 Vacancies; Tenure of Office of Persons Elected to Fill.
s.7 President Pro Tempore, Speaker and other Officers; Absence of Presiding Officers.
s.8 Each House as Judge of Elections and Qualifications of its Members; Quorum; Adjournments; Compelling Attendance.
s.9 Rules; Punishment and Expulsion of Members; Scope of Powers.
s.10 Journals; Publication; Entry of Yeas and Nays; Passage of Bills and Resolutions.
s.11 Accessibility to Each House and Committees of the Whole.
s.12 Consent of Each House to Adjournment.
s.13 Immunity from Arrest and Questioning of Speeches.
s.14 Holding Dual Office or Having Interest in Army or Navy Contract.
s.15 Compensation, Expenses and Allowances of Members.
s.16 Restriction of Bills and Resolutions to One Subject; Expression in Title; Exception.
s.17 Lotteries and other Gambling.
s.17A Bingo Games; Organizations Authorized to Conduct; Submission to Referendum; Districts; Regulation; Penalties.
s.17B Lotteries Not Under State Control; Organizations Authorized to Conduct; Submission to Referendum; Districts; Regulation; Penalties.
s.18 Divorce or Alimony.
s.19 Local or Special Laws Relating to Fences, Livestock, Ditches, School Districts, and Roads, Highways, Streets, Etc.
s.20 Disclosure of Personal or Private Interest of Legislator in Any Pending Measure.
s.21 Conviction of Crime as Ban to Public Office.
s.22 Bribery of Executive, Judicial or Legislative Officers.
s.23 Statutes as Public Laws Unless Otherwise Declared.
s.24 Settlement of Accounts of State Treasurer; Ineligibility for Legislative Office Until Settlement.
s.25 Laws Permitting Zoning Ordinances and Use of Land.
s.1 Governor to be Supreme Executive.
s.2 Election of Governor.
s.3 Election Returns, Publications; Election by General Assembly.
s.4 Contested Elections of Governor or Lieutenant-Governor.
s.5 Term of Office.
s.8 Governor as Commander-In-Chief of State Armed Forces.
s.9 Appointing Power; Recess Appointments; Confirmation.
s.10 Secretary of State; Appointment, Term, Duties and Compensation.
s.11 County Officers; Qualifications; Members of Congress, Federal Employees and Other Officers Holding Dual Office.
s.13 Removal of Officers by Governor; Procedure.
s.14 Reports from Executive Departments.
s.15 Messages to General Assembly.
s.16 Special Sessions of General Assembly; Adjournment; Special Session of Senate.
s.17 Execution of Laws.
s.18 Approval or Veto of Bills, Orders, Resolutions or Votes; Repassage Over Veto.
s.19 Lieutenant-Governor; Election, Term and Qualifications; President of the Senate; Compensation.
s.20 Vacancy in Offices of Both Governor and Lieutenant-Governor; Officers Eligible to Act; Disability of Governor.
s.21 Election and Term of Office of Certain State Officers.
s.22 Election and Term of Office of Certain County Officers; Commission.
s.23 Place of Office of Certain County Officers.
s.24 (Repealed) Abolition of Office of Clerk of Orphans’ Court; Transfer of Functions.
s.1 Creation of Courts.
s.2 Justices of Supreme Court and Other State Judges; Qualifications; Residence; Precedence.
s.3 Appointment of Judges; Terms of Office; Vacancies; Political Representation; Confirmation of Appointment.
s.4 Compensation of Judges; Method of Payment; Receipt of Other Fees or Holding other Office.
s.5 Composition of Superior Court; Presiding Judge; Quorum.
s.6 Sessions of Superior Court.
s.7 Jurisdiction of Superior Court.
s.7A Jurisdiction of Family Court.
s.7B Jurisdiction of Court of Common Pleas.
s.8 Definitions of Particular Terms.
s.9 (Repealed) Jurisdiction of Orphans’ Court.
s.10 Composition and Jurisdiction of Court of Chancery; Initiation and Decisions in Causes and Proceedings.
s.11 Jurisdiction of Supreme Court.
Superior Court—Civil Appeals
Superior Court—Criminal Appeals
Court of Chancery Appeals
Certified Question of Law
Jurisdiction by Statute
Inherent Authority—Regulating Practice of Law
Opinions of Justices
s.12 Composition of Supreme Court; Designation of Temporary Justices; Quorum; Opening and Adjourning Court.
s.13 Administrative Head of Courts; Supervisory Powers; Designation of Judges to Sit in Court of Chancery, or the Superior Court.
s.14 Power of Law Judges to Grant Restraining Orders and Preliminary Injunctions.
s.15 Judges Ad Litem; Limitation and Expiration of Commission; Compensation; Persons Not Disqualified.
s.16 Scope of Jurisdiction and Process; Costs.
s.17 Jurisdictional Changes by General Assembly; Appeals to Supreme Court.
s.18 Powers of Chancellor, Vice Chancellors and Judges.
s.19 Instructions to Jury.
State Fact in Issue and Declare the Law
s.20 Trial by Court of Issues of Fact in Civil Causes.
s.21 Amendments in Civil Pleadings and Proceedings by Superior Court; Examination of Witnesses and Parties.
s.22 Payment into Court Pending Action for Debt or Damages; Costs.
s.23 Survival of Action; Executor or Administrator as Party; Continuance.
s.24 Security for Stay of Proceedings on Appeal or Writ of Error.
s.25 Chief Register in Chancery: Appointment; Powers and Duties.
s.26 Prothonotary as Clerk of Superior Court; Powers and Duties; Entry of Testatum Fieri Facias.
s.27 Clerk of Supreme Court; Term of Office and Compensation.
s.28 Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals.
s.29 Justices of the Peace; Term of Office; Powers of the Chief Magistrate and Justices of the Peace.
s.30 Justices of the Peace, Chief Magistrate, and Judges of Legislative Courts; Appointment by Governor; Terms of Office.
s.31 Registers of Wills; Depositions of Witnesses; Process; Appeals to Court of Chancery; Disqualification of Register for Interest.
s.32 Adjustment and Settlement of Executors’ and Administrators’ Accounts; Notice; Hearing of Exceptions in Court of Chancery; Transfer of Jurisdiction; Appeals.
s.33 Style of Process and Public Acts; Prosecutions in Name of State.
s.34 Continuation in Office and Designation of Certain Judicial Officers.
s.34A Continuation in Office and Designation of Judicial Officers of the Family Court and the Court of Common Pleas.
s.35 Proceedings Pending at Time of 1951 Amendments; Books, Records and Papers; Effect of Amended Article on Court of Chancery.
s.36 (Repealed) Abolition of Orphans’ Court; Transfer of Jurisdiction and Powers.
s.37 Court on the Judiciary.
s.38 Retired Judges and Justices; Temporary Assignment.
s.39 Senior Judges.
s.1 Time and Manner of Holding General Election.
s.2 Qualifications for Voting; Members of the Armed Services of the United States Stationed Within State; Persons Disqualified; Forfeiture of Right.
s.2A Residence Requirements in Case of Intrastate Removal; Election of President and Vice-President of the United States; Qualifications.
s.2B Residence Requirements of Persons from other States; Election of President and Vice-President of United States; Qualifications.
s.3 Influencing Voter; Loss of Vote; Challenge; Oath and Affirmation; Perjury.
s.4 Registration of Voters; Days for Registration; Application to Strike Name from List; Appeals; Registration as Prerequisite for Voting.
s.4A General Laws for Absentee Voting.
s.4B Uniform Laws for Absentee Registration.
s.5 Electors Privileged from Arrest; Exceptions.
s.6 Voting Machine Recording Tapes, Voting Machine Certificate, and Absentee Ballots; Delivery to Prothonotary; Duties and Composition of Court; Quorum.
s.7 Election Offenses; Penalties; Self-Incrimination.
s.8 Prosecution for Election Offenses; Procedure; Appeal; Bond.
s.9 Enumeration of Election Offenses as Limitation on Power of General Assembly.
Art.VI Impeachment and Treason
s.1 Impeachment Power of House; Trial by Senate; Oath of Senators; Vote; Presiding Officers.
s.2 Grounds for Impeachment.
s.1 Power of Governor; Recommendation of Board of Pardons; Entry in Register and Submission to General Assembly.
s.2 Composition of Board of Pardons.
s.3 Information from Attorney General on Board’s Duties.
Art.VIII Revenue and Taxation
s.1 Uniformity of Taxes; Collection Under General Laws; Exemption for Public Welfare Purposes.
s.2 Revenue Bills to Originate in House; Amendments by Senate; Restriction on Definition; Exclusion of Unrelated Matter.
s.3 Borrowing Money; Specification of Purpose; Surplus Borrowed Money.
s.4 Restrictions on Loan of Public Money or Bonds and Credit of State.
s.5 Capitation Tax; Uniformity; Use.
s.6 Procedure in Withdrawal and Payment of Public Moneys; Annual Publication of Receipts and Expenditures; Limitation Upon Appropriations.
s.7 Real Estate Assessments; Inclusion of Values.
s.8 Lending Credit, Appropriating Money to or Becoming Interested in any Private Corporation, Person or Company by County or Municipality.
s.9 Retroactive Increase of Taxation of Personal Income.
s.10 Limitation on Increase of Rate of Taxes and License Fees; Exception to Meet Obligation Under Faith and Credit Pledge; Allocation of Public Moneys to Meet Such Obligation if Revenues are Not Sufficient to Meet Such Pledge.
s.11 Imposition or Levy of New Taxes or License Fees.
s.12 (Proposed)The Transportation Trust Fund; Use and Restriction.
s.1 Creation, Amendment, Renewal or Revival by General Law; Exceptions; Revocation or Forfeitures of Charters; Requisites for Enactment of Corporation Laws.
s.2 Acceptance of Constitution by Existing Corporations as Prerequisite for Amendment or Renewal to Charter.
s.3 (Repealed) Issuance of Stock.
s.4 Rights, Privileges, Immunities, and Estates.
s.5 Designation, by Foreign Corporation, of Agent for Service of Process.
s.6 Taxation of Stock Owned by Persons or Corporations Without the State.
s.1 Establishment and Maintenance of Free Public Schools; Attendance.
s.2 Annual Appropriations; Apportionment; Use of Funds; Separation of Schools; Other Expenses.
s.3 Use of Educational Funds by Religious Schools; Exemption of School Property from Taxation.
s.4 Use of Public School Fund.
s.5 Transportation of Nonpublic School Students.
s.6 Property Tax; Use Limitations.
s.1 State Board of Agriculture.
s.2 Composition of Board; Residence of Commissioners; Quorum.
s.3 Appointment of Commissioners by Governor; Tenure; Vacancies.
s.4 Abatement and Prevention of Diseases of Fruit Trees, Plants, Vegetables, Cereals and Livestock.
s.5 Plans for Securing Immigration of Industrious and Useful Settlers.
s.6 Compensation of Board Members.
s.7 Duration of Board.
Art.XII Health (Repealed)
s.1 (Repealed) State Board of Health; Local Boards; Powers.
Art.XIII Local Option
s.1 Submission of Liquor Question to District Electors; Election.
s.2 Designation of Districts for Purposes of Article.
s.3 Laws for Enforcement, Manufacture and Sale, and Penalties.
Art.XIV Oath of Office
s.1 Form of Oath for Members of General Assembly and Public Officers.
s.1 Conservators of the Peace.
s.2 Receipt for Fees.
s.3 Costs on Bill Returned Ignoramus or on Acquittal.
s.4 Extension of Term of Public Officer; Diminution of Salary or Emoluments.
s.5 Officers to Hold Office Until Successors Qualify.
s.6 Behavior of Officers; Removal for Misbehavior or Infamous Crime.
s.7 Offenses Excepted from Prohibition Against Prosecuting by Information and Jury Trial.
s.8 Interest of Member or Officer of Department in Contracts for Supplies or Services of Department Prohibited.
s.9 Prefixing Constitution to Codification of Laws.
s.10 Disqualification to Hold Office by Reason of Sex.
Art.XVI Amendments and Conventions
s.1 Proposal of Constitutional Amendments in General Assembly; Procedure.
s.2 Constitutional Convention; Procedure; Compensation of Delegates; Quorum; Powers and Duties; Vacancies.
s.3 Receiving, Tallying and Counting Votes for or Against Convention; Return of Vote; Enabling Legislation.
s.4 Approval of Bills or Resolutions Under this Article; Exemption from Article Iii, Section 18.
s.5 Separate Ballots on Question of Convention.
Art.XVII Continuity of Governmental Operations
s.1 Continuity of State and Local Governmental Operations in Periods of Emergency Resulting from Disasters Caused by Enemy Attack.
s.1 Delivery, Filing and Publication of Enrolled Copy of Amended Constitution and Schedule.
s.2 Effective Date of Amended Constitution.
s.3 Effect on Offices of Senators and Representatives; Election.
s.4 Commencement of Terms of Members of General Assembly.
s.5 Date of First General Election.
s.6 Effect on Governor’s Term.
s.7 Continuation of Elective and Appointive Offices; Election of Successors; Renewal of Official Obligations.
s.8 Date of Commencement of Terms of Elective Officers.
s.9 Date of Abolition of Courts and Judicial Offices; Transfer of Pending Proceedings and Books, Records and Papers.
s.10 Registers’ Court and Jurisdiction of Justice of the Peace Unaffected.
s.11 Payments to Certain Incumbent Judges Not Reappointed.
s.12 First Biennial Session of General Assembly Under Constitution.
s.13 Exceptions to Limitations on Amount of Compensation Payable to Members of General Assembly and Presiding Officers.
s.14 Renewal of Existing Corporations Until Enactment of General Incorporation Law.
s.15 Guardians’ Accounts.
s.16 Terms of Office of Persons Holding Office on Effective Date of Constitution.
s.17 Vacancies in Board of Pardons.
s.18 Laws Consistent with Constitution Not Affected.
s.19 Enabling Legislation.
Table of Cases
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Part Two The Delaware Constitution and Commentary, Art.III Executive
The Delaware State Constitution (2nd Edition)
Randy J. Holland
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
10 January 2017
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