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Contents
- Preliminary Material
- Main Text
- Introduction
- Part One The History and Development of the Delaware Constitution
- Part Two The Delaware Constitution and Commentary
- Preliminary Material
- Preamble
- 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.
- s.5 Freedom of Press; Evidence in Libel Prosecutions; Jury Questions.
- s.6 Searches and Seizures.
- s.7 Procedural Rights in Criminal Prosecutions; Jury Trial; Self-Incrimination; Deprivation of Life, Liberty or Property.
- Self-Representation
- Right to Counsel
- Plainly and Fully Informed
- Right to Confrontation “Face to Face”
- Compulsory Process by Self, Friend, or Counsel
- Speedy Trial
- Public Trial
- Impartial Jury
- Self-Incrimination
- Judgment of His or Her Peers
- Due Process: Procedural and Substantive
- Right of Self-Determination
- Harmless Error
- s.8 Prosecution by Indictment or Information; Double Jeopardy; Just Compensation for Property.
- s.9 Courts Shall be Open; Remedy for Injury; Suits Against State.
- 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.
- Art.II Legislature
- 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.
- 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.
- Art.III Executive
- 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.6 Qualifications.
- s.7 Compensation.
- 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.12 Commissions.
- 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.
- Art.IV Judiciary
- 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.
- 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.
- 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.
- Art.V Elections
- 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
- Art.VII Pardons
- 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.
- Art.IX Corporations
- 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.
- Art.X Education
- 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.
- Art.XI Agriculture
- 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)
- Art.XIII Local Option
- Art.XIV Oath of Office
- Art.XV Miscellaneous
- 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
- Schedule
- 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.
- Further Material
