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State of Delaware. Constitution of Delaware (1897)
Constitution of Delaware (1897)
Table of Contents
PREAMBLE
ARTICLE I
§1. Freedom of religion
§2. Religious test for office not required
§3. Free and equal elections
§4. Trial by jury; composition of grand juries; concurrence in indictment
§5. Freedom of press; evidence in libel prosecutions; jury questions
§6. Searches and seizures
§7. Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation of life, liberty or property
§8. Prosecution by indictment or information; double jeopardy; just compensation for property
§9. Courts shall be open; remedy for injury; venue; suits against State
§10. Suspension of laws by General Assembly
§11. Excessive bail or fines; cruel punishments; health of prisoners
§12. Right to bail; access to accused
§13. Suspension of habeas corpus
§14. Commission of oyer and terminer, or jail delivery
§15. Corruption of blood; forfeiture; descent of suicide's estate
§16. Right of assembly; petition for redress of grievances
§17. Standing army; necessity for legislative consent; subordination of military
§18. Prohibition against quartering soldiers in home
§19. Hereditary distinctions; holding office during good behavior; offices and titles from foreign states
§20. Right to keep and bear arms
ARTICLE II
§1. General Assembly to hold legislative power; composition
§2. Composition of House and Senate; terms of office; districts; election
§3. Qualifications of members
§4. Time and frequency of sessions
§5. Place of meeting
§6. Vacancies; tenure of office of persons elected to fill
§7. President pro tempore, Speaker and other officers; absence of presiding officers
§8. Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance
§9. Rules; punishment and expulsion of members; scope of powers
§10. Journals; publication; entry of yeas and nays; passage of bills and resolutions
§11. Accessibility to each House and Committees of the Whole
§12. Consent of each House to adjournment
§13. Immunity from arrest and questioning of speeches
§14. Holding dual office or having interest in army or navy contract
§15. Compensation, Expenses and Allowances of Members
§16. Restriction of bills and resolutions to one subject; expression in title; exception
§17. Lotteries and other gambling
§18. Divorce or alimony
§19. Local or special laws relating to fences, live stock, ditches, school districts, and roads, highways, streets, etc
§20. Disclosure of personal or private interest of legislator in any pending measure
§21. Conviction of crime as ban to public office
§22. Bribery of executive, judicial or legislative officers
§23. Statutes as public laws unless otherwise declared
§24. Settlement of accounts of State Treasurer; ineligibility for legislative office until settlement
§25. Laws permitting zoning ordinances and use of land
ARTICLE III
§1. Governor to be supreme executive
§2. Election of Governor
§3. Election returns, publications; election by General Assembly
§4. Contested elections of Governor or Lieutenant Governor
§5. Term of office
§6. Qualifications
§7. Compensation
§8. Governor as commander-in-chief of State armed forces
§9. Appointing power; recess appointments; confirmation
§10. Secretary of State; appointment, term, duties and compensation
§11. County officers; qualifications; Members of Congress, federal employees and other officers holding dual office
§12. Commissions
§13. Removal of officers by Governor; procedure
§14. Reports from executive departments
§15. Messages to General Assembly
§16. Special sessions of General Assembly; adjournment; special session of Senate
§17. Execution of laws
§18. Approval or veto of bills, orders, resolutions or votes; repassage over veto
§19. Lieutenant-Governor; election, term and qualifications; President of the Senate; Compensation
§20. Vacancy in offices of both Governor and Lieutenant-Governor; officers eligible to act; disability of Governor
§21. Election and Term of Office for Certain State Officers
§22. Election and term of office of certain county officers; commission; successive terms of sheriff
§23. Place of office of certain county officers
§24. Abolition of office of Clerk of Orphans' Court; transfer of functions
ARTICLE IV
§1. Creation of courts
§2. Justices of Supreme Court and other state Judges; qualifications; residence; precedence; retiree sitting temporarily
§3. Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment
§4. Compensation of judges; method of payment; receipt of other fees or holding other office
§5. Composition of Superior Court and Orphans' Court; presiding judge; quorum
§6. Sections of Superior Court and Orphans' Courts
§7. Jurisdiction of Superior Court
§8. Definitions of particular terms
§9. Jurisdiction of Orphans' Court
§10. Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings
§11. Jurisdiction of Supreme Court
§l2. Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court
§l3. Administrative head of courts; supervisory powers; designation of judges to sit in Court of Chancery, the Superior Court or the Orphans' Court
§14. Power of law judges to grant restraining orders and preliminary injunction
§15. Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified
§16. Scope of jurisdiction and process; costs
§17. Jurisdictional changes by General Assembly; appeals to Supreme Court
§18. Powers of Chancellor, Vice-Chancellors, and Judges
§19. Instructions to jury
§20. Trial by court of issues of fact in civil causes
§21. Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties
§22. Payment into court pending action for debt or damages; costs
§23. Survival of action; executor or administrator as party; continuance
§24. Security for stay of proceedings on appeal or writ of error
§25. Time for writ of error on confession of judgement; exceptions
§26. Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias
§27. Clerk of Supreme Court; term of office and compensation
§28. Criminal jurisdiction of interior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals
§29. Justices of the peace; term of office
§30. Justices of the Peace and Judges of Legislative Courts; appointment by Governor; terms of office
§31. Registers of Wills; depositions of witnesses; process; appeals to Orphans' Court; disqualification of Register for interest
§32. Adjustment and settlement of executors' and administrators' accounts; notice; hearing of exceptions in Orphans' Court; transfer of jurisdiction; appeals
§33. Style of process and public acts; prosecutions in name of State
§34. Continuation in office and designation of certain judicial officers
§35. Proceedings pending at time of 1951 amendment; books, records and papers; effect of amended article on Court of Chancery
§36. Abolition of Orphans' Court; transfer of jurisdiction and powers
§37. Court on the Judiciary
§38. Retired Judges and Justices; Temporary Assignment
ARTICLE V
§1. Time and manner of holding general election
§2. Qualifications for voting; members of the Armed Services of the United States stationed within State; persons disqualified; forfeiture of right
§2A. Residence requirements in case of intrastate removal; election of President and Vice-President of the United States; qualifications
§2B. Residence requirements of persons from other states; election of President and Vice-President of United States; qualifications
§3. Influencing voter; loss of vote; challenge; oath and affirmation; perjury
§4. Registration of voters; days for registration; application to strike name from list; appeals; registration as prerequisite for voting
§5. Electors privileged from arrest; exceptions
§6. Certificate of election and ballots; delivery to Prothonotary; duties and composition of court; quorum
§7. Election offenses; penalties; self-incrimination
§8. Prosecution for election offenses; procedure; appeal; bond
§9. Enumeration of election offenses as limitation on power of General Assembly
ARTICLE VI
§1. Impeachment power of House; trial by Senate; oath of Senators; vote; presiding Officers
§2.Grounds for impeachment
§3.Treason
ARTICLE VII
§1. Power of Governor; recommendation of Board of Pardons; entry in register and submission to General Assembly
§2. Composition of Board of Pardons
§3. Information from Attorney General on Board's duties
ARTICLE VIII
§1. Uniformity of taxes; assessment and taxation of land devoted to agriculture and forest use; collection under general laws; exemption for public welfare purposes
§2. Revenue bills to originate in House; amendments by Senate; restriction on definition; exclusion of unrelated matter
§3. Borrowing money; specification of purpose; surplus borrowed money
§4. Restrictions on loan of public money or bonds and credit of State
§5. Capitation tax; uniformity; use
§6. Procedure in withdrawal and payment of public moneys; annual publication of receipts and expenditures
§7. Real estate assessments; inclusion of values
§8. Lending credit, appropriating money to or becoming interested in any private corporation, person or company by county or municipality
§9. Retroactive increase of taxation of personal income
§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
§11. Imposition or levy of new taxes or license fee
ARTICLE IX
§l. Creation, amendment, renewal or revival by general law; exceptions; revocation or forfeitures of charters; requisites for enactment of corporation laws
§2. Acceptance of Constitution by existing corporations as prerequisite for amendment or renewal of charter
§3. Issuance of stock
§4. Rights, privileges, immunities and estates
§5. Designation, by foreign corporation, of agent for service of process
§6. Taxation of stock owned by persons or corporations without the State
ARTICLE X
§l. Establishment and maintenance of free public schools, attendance
§2. Annual appropriations; apportionment; use of funds; separation of schools; other expenses
§3. Use of educational funds by religious schools; exemption of school property from taxation
§4. Use of Public School Fund
§5. Transportation of nonpublic school students
§6. Property Tax; use Limitations
ARTICLE XI
§l. State Board of Agriculture
§2. Composition of Board; residence of Commissioners; quorum
§3. Appointment of Commissioners by Governor; tenure; vacancies
§4. Abatement and prevention of diseases of fruit trees, plants, vegetables, cereals, and live stock
§5. Plans for securing immigration of industrious and useful settlers
§6. Compensation of Board members
§7. Duration of Board
ARTICLE XII
§ 1. State Board of Health; local boards; powers
ARTICLE XIII
§l. Submission of liquor question to district electors; election
§2. Designation of districts for purposes of article
§3. Laws for enforcement, manufacture and sale, and penalties
ARTICLE XIV
§l. Form of oath for members of General Assembly and public officers
ARTICLE XV
§l. Conservators of the peace
§2. Receipt for fees
§3. Costs on bill returned ignoramus, or on acquittal
§4. Extension of term of public officer; diminution of salary or emoluments
§5. Officers to hold office until successors qualify
§6. Behavior of officers; removal for misbehavior or infamous crime
§7. Offenses excepted from prohibition against prosecuting by information, and jury trial
§8. Contracts for supplies or services for Government departments; interest of member or officer of department
§9. Prefixing Constitution to codification of laws
§10. Disqualification to hold office by reason of sex
ARTICLE XVI
§l. Proposal of Constitutional amendments in General Assembly; procedure
§2. Constitutional conventions; procedure; compensation of delegates; quorum; powers and duties; vacancies
§3. Receiving, tallying and counting votes for or against Convention; return of vote; enabling legislation
§4. Approval of bills or resolutions under this article; exemption from Article III, Section 18
§5. Separate ballots on question of Convention
§1. Continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack
§l. Delivery, filing and publication of enrolled copy of amended Constitution and Schedule
§2. Effective date of amended Constitution
§3. Effect on offices of Senators and Representatives; election
§4. Commencement of terms of members of General Assembly
§5. Date of first general election
§6. Effect on Governor's term
§7. Continuation of elective and appointive offices; election of successors; renewal of official obligations
§8. Date of commencement of terms of elective officers
§9. Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records and papers
§l0. Registers' Court and jurisdiction of justice of the peace unaffected
§ll. Payments to certain incumbent judges not reappointed
§12. First biennial session of General Assembly under Constitution
§l3. Exceptions to limitations on amount of compensation payable to members of General Assembly and presiding officers
§l4. Renewal of existing corporations until enactment of general incorporation law
§l5. Guardians' accounts
§l6. Terms of office of persons holding office on effective date of Constitution
§l7. Vacancies in Board of Pardons
§18. Laws consistent with Constitution not affected
§l9. Enabling legislation
