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The Delaware Constitution

Introduction
PassageTitle
Entire ArticleIntroduction to the Delaware Constitution
PreambleThe Preamble to the Delaware Constitution
Article I: Bill of Rights
PassageTitle
Entire ArticleArticle I (Bill of Rights)
Art. I §1Freedom of Religion
Art. I §2Religious Test for Office Not Required
Art. I §3Free and Equal Elections
Art. I §4Trial by Jury
Art. I §5Freedom of Press and Speech; Evidence in Libel Prosecutions; Jury Questions
Art. I §6Searches and Seizures
Art. I §7Procedural Rights in Criminal Prosecutions; Jury Trial; Self-Incrimination; Deprivation of Life, Liberty or Property
Art. I §8Prosecution by Indictment or Information; Double Jeopardy; Just Compensation for Property
Art. I §9Courts Shall be Open; Remedy for Injury; Suits Against State
Art. I §10Suspension of Laws by General Assembly
Art. I §11Excessive Bail or Fines; Cruel Punishments; Health of Prisoners
Art. I §12Right to Bail; Access to Accused
Art. I §13Suspension of Habeas Corpus
Art. I §14Commission of Oyer and Terminer, or Jail Delivery
Art. I §15Corruption of Blood; Forfeiture; Descent of Suicide’s Estate
Art. I §16Right of Assembly; Petition for Redress of Grievances
Art. I §17Standing Army; Necessity for Legislative Consent; Subordination of Military
Art. I §18Prohibition Against Quartering Soldiers in Homes
Art. I §19Hereditary Distinctions; Holding Office During Good Behavior; Offices and Titles from Foreign States
Art. I §20Right to Keep and Bear Arms
Art. I §21Equal Rights
Article II: Legislature
PassageTitle
Entire ArticleArticle II (Legislature)
Art. II §1General Assembly to Hold Legislative Power; Composition
Art. II §2Composition of House and Senate; Terms of Office; Districts; Election
Art. II §2AAdditional Representative Districts
Art. II §2BDelegates to Constitutional Convention
Art. II §3Qualifications of Members; Commencement of Terms of Members
Art. II §4Time and Frequency of Sessions
Art. II §5Place of Meeting
Art. II §6Vacancies; Tenure of Office of Persons Elected to Fill
Art. II §7President Pro Tempore, Speaker and Other Officers; Absence of Presiding Officers
Art. II §8Each House as Judge of Elections and Qualifications of Its Members; Quorum; Adjournments; Compelling Attendance
Art. II §9Rules; Punishment and Expulsion of Members; Scope of Powers
Art. II §10Journals; Publication; Entry of Yeas and Nays; Passage of Bills and Resolutions
Art. II §11Accessibility to Each House and Committees of the Whole
Art. II §12Consent of Each House to Adjournment
Art. II §13Immunity from Arrest and Questioning of Speeches
Art. II §14Holding Dual Office or Having Interest in Army or Navy Contract
Art. II §15Compensation, Expenses and Allowances of Members
Art. II §16Restriction of Bills and Resolutions to One Subject; Expression in Title; Exception
Art. II §17Lotteries and Other Gambling
Art. II §17ABingo Games; Organizations Authorized to Conduct; Submission to Referendum; Districts; Regulation; Penalties
Art. II §17BLotteries Not Under State Control; Organizations Authorized to Conduct; Submission to Referendum; Districts; Regulation; Penalties
Art. II §18Divorce or Alimony
Art. II §19Local or Special Laws Relating to Fences, Livestock, Ditches, School Districts, and Roads, Highways, Streets, etc
Art. II §20Disclosure of Personal or Private Interest of Legislator in Any Pending Measure
Art. II §21Conviction of Crime as Ban to Public Office
Art. II §22Bribery of Executive, Judicial or Legislative Officers
Art. II §23Statutes as Public Laws Unless Otherwise Declared
Art. II §24Settlement of Accounts of State Treasurer; Ineligibility for Legislative Office Until Settlement
Art. II §25Laws Permitting Zoning Ordinances and Use of Land
Article III: Executive
PassageTitle
Entire ArticleArticle III (Executive)
Art. III §1Governor to be Supreme Executive
Art. III §2Election of Governor
Art. III §3Election Returns, Publications; Election by General Assembly
Art. III §4Contested Elections of Governor or Lieutenant-Governor
Art. III §5Term of Office
Art. III §6Qualifications
Art. III §7Compensation
Art. III §8Governor as Commander-In-Chief of State Armed Forces
Art. III §9Appointing Power; Recess Appointments; Confirmation
Art. III §10Secretary of State; Appointment, Term, Duties and Compensation
Art. III §11County Officers; Qualifications; Members of Congress, Federal Employees and Other Officers Holding Dual Office
Art. III §12Commissions
Art. III §13Removal of Officers by Governor; Procedure
Art. III §14Reports from Executive Departments
Art. III §15Messages to General Assembly
Art. III §16Special Sessions of General Assembly; Adjournment; Special Session of Senate
Art. III §17Execution of Laws
Art. III §18Approval or Veto of Bills, Orders, Resolutions or Votes; Repassage Over Veto
Art. III §19Lieutenant-Governor; Election, Term and Qualifications; President of the Senate; Compensation
Art. III §20Vacancy in Offices of Both Governor and Lieutenant-Governor; Officers Eligible to Act; Disability of Governor
Art. III §21Election and Term of Office for Certain State Officers
Art. III §22Election and Term of Office of Certain County Officers; Commission
Art. III §23Place of Office of Certain County Officers
Art. III §24Date of Commencement of Terms of Certain State and County Elective Officers
Article IV: Judiciary
PassageTitle
Entire ArticleArticle IV (Judiciary)
Art. IV §1Creation of Courts
Art. IV §2Justices of Supreme Court and Other State Judges; Qualifications; Residence; Precedence
Art. IV §3Appointment of Judges; Terms of Office; Vacancies; Political Representation; Confirmation of Appointment
Art. IV §4Compensation of Judges; Method of Payment; Receipt of Other Fees or Holding Other Office
Art. IV §5Composition of Superior Court; Presiding Judge; Quorum
Art. IV §6Sessions of Superior Court
Art. IV §7Jurisdiction of Superior Court
Art. IV §7AJurisdiction of Family Court
Art. IV §7BJurisdiction of Court of Common Pleas
Art. IV §8Definitions of Particular Terms
Art. IV §9Jurisdiction of Orphans' Court
Art. IV §10Composition and Jurisdiction of Court of Chancery; Initiation and Decisions in Causes and Proceedings
Art. IV §11Jurisdiction of Supreme Court
Art. IV §12Composition of Supreme Court; Designation of Temporary Justices; Quorum; Opening and Adjourning Court
Art. IV §13Administrative Head of Courts; Supervisory Powers; Designation of Judges to Sit in Court of Chancery, or the Superior Court
Art. IV §14Power of Law Judges to Grant Restraining Orders and Preliminary Injunctions
Art. IV §15Judges Ad Litem; Limitation and Expiration of Commission; Compensation; Persons Not Disqualified
Art. IV §16Scope of Jurisdiction and Process; Costs
Art. IV §17Jurisdictional Changes by General Assembly; Appeals to Supreme Court
Art. IV §18Powers of Chancellor, Vice-Chancellors and Judges
Art. IV §19Instructions to Jury
Art. IV §20Trial by Court of Issues of Fact in Civil Causes
Art. IV §21Amendments in Civil Pleadings and Proceedings by Superior Court; Examination of Witnesses and Parties
Art. IV §22Payment into Court Pending Action for Debt or Damages; Costs
Art. IV §23Survival of Action; Executor or Administrator as Party; Continuance
Art. IV §24Security for Stay of Proceedings on Appeal or Writ of Error
Art. IV §25Chief Register in Chancery: Appointment; Powers and Duties
Art. IV §26Prothonotary as Clerk of Superior Court; Powers and Duties; Entry of Testatum Fieri Facias
Art. IV §27Clerk of Supreme Court; Term of Office and Compensation
Art. IV §28Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals
Art. IV §29Justices of the Peace; Term of Office; Powers of the Chief Magistrate and Justices of the Peace
Art. IV §30Justices of the Peace, Chief Magistrate, and Judges of Legislative Courts; Appointment by Governor; Terms of Office
Art. IV §31Registers of Wills; Depositions of Witnesses; Process; Appeals to Court of Chancery; Disqualification of Register for Interest
Art. IV §32Adjustment and Settlement of Executors' and Administrators' Accounts; Notice; Hearing of Exceptions in Court of Chancery; Transfer of Jurisdiction; Appeals
Art. IV §33Style of Process and Public Acts; Prosecutions in Name of State
Art. IV §34Continuation in Office and Designation of Certain Judicial Officers
Art. IV §34AContinuation in Office and Designation of Judicial Officers of the Family Court and the Court of Common Pleas
Art. IV §35Proceedings Pending at Time of 1951 Amendment; Books, Records and Papers; Effect of Amended Article on Court of Chancery
Art. IV §36Abolition of Orphans' Court; Transfer of Jurisdiction and Powers
Art. IV §37Court on the Judiciary
Art. IV §38Retired Judges and Justices; Temporary Assignment
Art. IV §39Senior Judges
Article V: Elections
PassageTitle
Entire ArticleArticle V (Elections)
Art. V §1Time and Manner of Holding General Election
Art. V §2Qualifications for Voting; Members of the Armed Services of the United States Stationed Within State; Persons Disqualified; Forfeiture of Right
Art. V §2AResidence Requirements in Case of Intrastate Removal; Election of President and Vice-President of United States; Qualifications
Art. V §2BResidence Requirements of Persons from Other States; Election of President and Vice-President of United States; Qualifications
Art. V §3Influencing Voter; Loss of Vote; Challenge; Oath and Affirmation; Perjury
Art. V §4Registration of Voters; Days for Registration; Application to Strike Name from List; Appeals; Registration as Prerequisite for Voting
Art. V §4AGeneral Laws for Absentee Voting
Art. V §4BUniform Laws for Absentee Registration
Art. V §5Electors Privileged from Arrest; Exceptions
Art. V §6Voting Machine Recording Tapes, Voting Machine Certificate, and Absentee Ballots; Delivery to Prothonotary; Duties and Composition of Court; Quorum
Art. V §7Election Offenses; Penalties; Self-Incrimination
Art. V §8Prosecution for Election Offenses; Procedure; Appeal; Bond
Art. V §9Enumeration of Election Offenses as Limitation on Power of General Assembly
Article VI: Impeachment and Treason
PassageTitle
Entire ArticleArticle VI (Impeachment and Treason)
Art. VI §1Impeachment Power of House; Trial by Senate; Oath of Senators; Vote; Presiding Officers
Art. VI §2Grounds for Impeachment
Art. VI §3Treason
Article VII: Pardons
PassageTitle
Entire ArticleArticle VII (Pardons)
Art. VII §1Power of Governor; Recommendation of Board of Pardons; Entry in Register and Submission to General Assembly
Art. VII §2Composition of Board of Pardons
Art. VII §3Information from Attorney General on Board’s Duties
Article VIII: Revenue and Taxation
PassageTitle
Entire ArticleArticle VIII (Revenue and Taxation)
Art. VIII §1Uniformity of Taxes; Collection Under General Laws; Exemption for Public Welfare Purposes
Art. VIII §2Revenue Bills to Originate in House; Amendments by Senate; Restriction on Definition; Exclusion of Unrelated Matter
Art. VIII §3Borrowing Money; Specification of Purpose; Surplus Borrowed Money
Art. VIII §4Restrictions on Loan of Public Money or Bonds and Credit of State
Art. VIII §5Capitation Tax; Uniformity; Use
Art. VIII §6Procedure in Withdrawal and Payment of Public Moneys; Annual Publication of Receipts and Expenditures; Limitation Upon Appropriations
Art. VIII §7Real Estate Assessments; Inclusion of Values
Art. VIII §8Lending Credit, Appropriating Money to or Becoming Interested in Any Private Corporation, Person or Company by County or Municipality
Art. VIII §9Retroactive Increase of Taxation of Personal Income
Art. VIII §10Limitation 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
Art. VIII §11Imposition or Levy of New Taxes or License Fees
Art. VIII §12The Transportation Trust Fund; Use and Restrictions
Article IX: Corporations
PassageTitle
Entire ArticleArticle IX (Corporations)
Art. IX §1Creation, Amendment, Renewal or Revival by General Law; Exceptions; Revocation or Forfeitures of Charters; Requisites for Enactment of Corporation Laws
Art. IX §2Acceptance of Constitution by Existing Corporations as Prerequisite for Amendment or Renewal of Charter
Art. IX §3Issuance of Stock
Art. IX §4Rights, Privileges, Immunities and Estates
Art. IX §5Designation, by Foreign Corporation, of Agent for Service of Process
Art. IX §6Taxation of Stock Owned by Persons or Corporations Without the State
Article X: Education
PassageTitle
Entire ArticleArticle X (Education)
Art. X §1Establishment and Maintenance of Free Public Schools; Attendance
Art. X §2Annual Appropriations; Apportionment; Use of Funds; Separation of Schools; Other Expenses
Art. X §3Use of Educational Funds by Religious Schools; Exemption of School Property from Taxation
Art. X §4Use of Public School Fund
Art. X §5Transportation of Nonpublic School Students
Art. X §6Property Tax; Use Limitations
Article XI: Agriculture
PassageTitle
Entire ArticleArticle XI (Agriculture)
Art. XI §1State Board of Agriculture
Art. XI §2Composition of Board; Residence of Commissioners; Quorum
Art. XI §3Appointment of Commissioners by Governor; Tenure; Vacancies
Art. XI §4Abatement and Prevention of Diseases of Fruit Trees, Plants, Vegetables, Cereals and Livestock
Art. XI §5Plans for Securing Immigration of Industrious and Useful Settlers
Art. XI §6Compensation of Board Members
Art. XI §7Duration of Board
Article XII: State Board of Health
PassageTitle
Entire ArticleArticle XII (State Board of Health)
Art. XII §1State Board of Health; Local Boards; Powers
Article XIII: Local Option
PassageTitle
Entire ArticleArticle XIII (Local Option)
Art. XIII §1Submission of Liquor Question to District Electors; Election
Art. XIII §2Designation of Districts for Purposes of Article
Art. XIII §3Laws for Enforcement, Manufacture and Sale, and Penalties
Article XIV: Oath of Office
PassageTitle
Entire ArticleArticle XIV (Oath of Office)
Art. XIV §1Form of Oath for Members of General Assembly and Public Officers
Article XV: Miscellaneous
PassageTitle
Entire ArticleArticle XV (Miscellaneous)
Art. XV §1Conservators of the Peace
Art. XV §2Receipt for Fees
Art. XV §3Costs on Bill Returned Ignoramus or on Acquittal
Art. XV §4Extension of Term of Public Officer; Diminution of Salary or Emoluments
Art. XV §5Officers to Hold Office Until Successors Qualify
Art. XV §6Behavior of Officers; Removal for Misbehavior or Infamous Crime
Art. XV §7Offenses Excepted from Prohibition Against Prosecuting by Information and Jury Trial
Art. XV §8Interest of Member or Officer of Department in Contracts for Supplies or Services of Department Prohibited
Art. XV §9Prefixing Constitution to Codification of Laws
Art. XV §10Disqualification to Hold Office by Reason of Sex
Article XVI: Amendments and Conventions
PassageTitle
Entire ArticleArticle XVI (Amendments and Conventions)
Art. XVI §1Proposal and Concurrence of Constitutional Amendments in General Assembly; Procedure
Art. XVI §2Constitutional Conventions; Procedure; Compensation of Delegates; Quorum; Powers and Duties; Vacancies
Art. XVI §3Receiving, Tallying and Counting Votes for or Against Convention; Return of Vote; Enabling Legislation
Art. XVI §4Approval of Bills or Resolutions Under This Article; Exemption from Article Iii, Section 18
Art. XVI §5Separate Ballots on Question of Convention
Article XVII: Continuity of Governmental Operations
PassageTitle
Entire ArticleArticle XVII (Continuity of Governmental Operations)
Art. XVII §1Continuity of State and Local Governmental Operations in Periods of Emergency
Schedule
PassageTitle
Entire ArticleThe 'Schedule' to the Delaware Constitution
Sch. 0 §1Delivery, Filing and Publication of Enrolled Copy of Amended Constitution and Schedule
Sch. 0 §2Effective Date of Amended Constitution
Sch. 0 §3Effect on Offices of Senators and Representatives; Election
Sch. 0 §4Commencement of Terms of Members of General Assembly
Sch. 0 §5Date of First General Election
Sch. 0 §6Effect on Governor’s Term
Sch. 0 §7Continuation of Elective and Appointive Offices; Election of Successors; Renewal of Official Obligations
Sch. 0 §8Date of Commencement of Terms of Elective Officers
Sch. 0 §9Date of Abolition of Courts and Judicial Offices; Transfer of Pending Proceedings and Books, Records and Papers
Sch. 0 §10Registers' Court and Jurisdiction of Justice of the Peace Unaffected
Sch. 0 §11Payments to Certain Incumbent Judges Not Reappointed
Sch. 0 §12First Biennial Session of General Assembly Under Constitution
Sch. 0 §13Exceptions to Limitations on Amount of Compensation Payable to Members of General Assembly and Presiding Officers
Sch. 0 §14Renewal of Existing Corporations Until Enactment of General Incorporation Law
Sch. 0 §15Guardians' Accounts
Sch. 0 §16Terms of Office of Persons Holding Office on Effective Date of Constitution
Sch. 0 §17Vacancies in Board of Pardons
Sch. 0 §18Laws Consistent with Constitution Not Affected
Sch. 0 §19Enabling Legislation
Congratulations! You're getting booked up on the Delaware Constitution!

You'll probably need to reference it during your pursuit of justice (in federal court; in state court; and/or at DOAH).

For instance, this material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).

Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to: Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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