Delaware Constitution

Delaware Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • Schedule • Closing

The Delaware Constitution is the state constitution of Delaware.

• The current Delaware Constitution was adopted in 1897.
• Delaware has had four constitutions.
• The current state constitution has 17 articles.
• The current Delaware Constitution has been amended "over 100 times."
• The most recent amendments to Delaware's constitution were Senate Bill 41 (passed April 25, 2023); House Bill 77 (passed April 6, 2023); and Senate Bill 39 (passed April 25, 2023).

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Delaware became the first state on June 15, 1776.

After the Declaration of Independence was created, the Delaware General Assembly met in 1776 and enacted legislation calling for a state constitutional convention with 10 delegates from each county. On August 27, 1776, the convention of delegates met in New Castle, Delaware and created the state's first constitution. Three new constitutions were adopted by constitutional convention after the first state constitution was created—in 1792, 1831, and 1897.

The Delaware Constitution of 1897 is the fourth and current governing document for the Delaware state government. It has been in effect since its adoption on June 4, 1897.

Delaware is the only state in the country that does not require popular approval to adopt constitutional amendments. It also does not allow initiatives or referendums at the state or local level.

Preamble

See also: Preamble, Delaware Constitution and Preambles to state constitutions

The Preamble to the Delaware Constitution states:

Through Divine goodness, all men have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time, alter their Constitution of government.

Article I

See also: Article I, Delaware Constitution

Article I is titled "Bill of Rights" and establishes the Bill of Rights of the citizens of Delaware.

Click here to read this article of the Delaware Constitution.

Article II

See also: Article II, Delaware Constitution

Article II is titled "Legislature" and establishes the legislative department of government.

Click here to read this article of the Delaware Constitution.

Article III

See also: Article III, Delaware Constitution

Article III is titled "Executive" and establishes the executive department of government.

Click here to read this article of the Delaware Constitution.

Article IV

See also: Article IV, Delaware Constitution

Article IV is titled "Judiciary" and establishes the judicial department of government.

Click here to read this article of the Delaware Constitution.

Article V

See also: Article V, Delaware Constitution

Article V is titled "Elections" and details the election process and the qualifications for voting.

Click here to read this article of the Delaware Constitution.

Article VI

See also: Article VI, Delaware Constitution

Article VI is titled "Impeachment and Treason" and describes the impeachment process.

Click here to read this article of the Delaware Constitution.

Article VII

See also: Article VII, Delaware Constitution

Article VII is titled "Pardons" and details the power of the governor and Board of Pardons.

Click here to read this article of the Delaware Constitution.

Article VIII

See also: Article VIII, Delaware Constitution

Article VIII is titled "Revenue and Taxation" and deals with state revenue and the taxation process.

Click here to read this article of the Delaware Constitution.

Article IX

See also: Article IX, Delaware Constitution

Article IX is titled "Corporations" and establishes the rights and limitations of corporations in the state.

Click here to read this article of the Delaware Constitution.

Article X

See also: Article X, Delaware Constitution

Article X is titled "Education" concerns education in the state.

Click here to read this article of the Delaware Constitution.

Article XI

See also: Article XI, Delaware Constitution

Article XI is titled "Agriculture" and establishes a board of agriculture.

Click here to read this article of the Delaware Constitution.

Article XII

Article XII was repealed.

Article XIII

See also: Article XIII, Delaware Constitution

Article XIII is titled "Local Option."

Click here to read this article of the Delaware Constitution.

Article XIV

See also: Article XIV, Delaware Constitution

Article XIV is titled "Oath of Office" and gives the form for the Oath of Office.

Click here to read this article of the Delaware Constitution.

Article XV

See also: Article XV, Delaware Constitution

Article XV is titled "Miscellaneous."

Click here to read this article of the Delaware Constitution.

Article XVI

See also: Article XVI, Delaware Constitution

Article XVI is titled "Amendments and Conventions" and describes the process for amending the State Constitution.

Click here to read this article of the Delaware Constitution.

Article XVII

See also: Article XVII, Delaware Constitution

Article XVII is titled "Continuity of Governmental Operations" and concerns the continuity of state and local governmental operations in periods of emergency.

Click here to read this article of the Delaware Constitution.

Schedule

See also: Schedule, Delaware Constitution

A Schedule is also included to ease the transition from territory to state.

Click here to read the schedule of the Delaware Constitution.

Amending the Delaware constitution

Article XVI of the Delaware Constitution defines two mechanisms by which the Delaware Constitution can be amended—a legislative process, and a state constitutional convention. Delaware does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes.

Legislature

The Delaware General Assembly can amend the constitution. Unlike in any other state, the state legislature can amend the constitution without a vote of the people. For the legislature to amend the constitution:

• Two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment.
• The Delaware Secretary of State then must publish the proposed amendment(s) three months prior to the next general election in at least three newspapers in each county.
• The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives two-thirds majority approval of all members of each chamber, it becomes part of the constitution.

Convention

The state's constitution can also be amended through a constitutional convention.

• By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can go on a statewide ballot. If a simple majority of those voting on the question vote "yes," then there will be a convention.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Delaware Constitution