State constitution
Constitution of Delaware
Data from Delaware Code Online
Full 17-article structure with condensed section text. Article I (Bill of Rights) is close to the section headings; the long governmental articles (II Legislature, IV Judiciary) show principal sections and are abbreviated rather than listed section-by-section. Read the complete, verbatim constitution at the source link.
Article Pr. Preamble
§ — Preamble
Through Divine goodness the people of Delaware ordain and establish this Constitution of government.
Article I Bill of Rights
§ 1 Freedom of religion
No one may be compelled to attend or support any religious worship against consent; all have a natural right to worship according to conscience, and no authority may interfere with the rights of conscience.
§ 2 No religious test
No religious test shall be required as a qualification for any office or public trust in the State.
§ 3 Free and equal elections
All elections shall be free and equal.
§ 4 Trial by jury
Trial by jury shall be as heretofore and remain inviolate.
§ 5 Freedom of press and speech
The press shall be free to every citizen who may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; truth may be given in evidence in prosecutions for publications about public officials.
§ 6 Searches and seizures
The people are secure from unreasonable searches and seizures; warrants require probable cause supported by oath and must particularly describe the place and things.
§ 7 Rights of the accused
In criminal prosecutions the accused has the right to counsel, to be informed of the accusation, to confront witnesses, to compulsory process, to a speedy public trial by an impartial jury, and not to be compelled to give evidence against themselves or deprived of life, liberty, or property without due process.
§ 8 Indictment; double jeopardy; eminent domain
No one is held for a capital or otherwise infamous crime except on indictment (with stated exceptions), nor twice put in jeopardy for the same offense; private property may not be taken for public use without just compensation.
§ 9 Courts open; remedy by due course of law
All courts shall be open, and every person shall have a remedy by the due course of law for injury done to person, reputation, or property, administered without sale, denial, or unreasonable delay.
§ 10 Suspension of laws
No power to suspend laws shall be exercised except by the General Assembly or its authority.
§ 11 Bail, fines, and punishments
Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; jails must have regard to the health of prisoners.
§ 12 Right to bail
All prisoners are bailable by sufficient sureties except for capital offenses where proof is positive, and specified serious felonies under strict conditions.
§ 13 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended unless the public safety requires it in case of rebellion or invasion.
§ 14 Courts of oyer and terminer
No commission of oyer and terminer or jail delivery shall be issued.
§ 15 Attainder; forfeiture
No attainder shall work corruption of blood or forfeiture of estate; the estate of a suicide descends as in natural death, and no forfeiture follows accidental death.
§ 16 Right to assemble and petition
The people have a right in an orderly manner to assemble and to apply to those in power for redress of grievances by petition or remonstrance.
§ 17 Standing army; military subordinate
No standing army shall be kept in peacetime without the consent of the General Assembly, and the military is in strict subordination to the civil power.
§ 18 Quartering of soldiers
No soldier shall in peacetime be quartered in any house without the owner's consent, nor in war except as authorized by law.
§ 19 No hereditary distinctions; foreign titles
No hereditary distinction or perpetual office shall be granted, and no officer may accept any title or office from a foreign power.
§ 20 Right to keep and bear arms
A person has the right to keep and bear arms for the defense of self, family, home, and State, and for hunting and recreational use.
§ 21 Equal rights
Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex.
Article II Legislature
§ 1 Legislative power
The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives.
§ 2 Composition; terms of Representatives
The House of Representatives is composed of members chosen from districts and elected to two-year terms.
§ 3 Composition; terms of Senators
The Senate is composed of members chosen from districts and elected to four-year terms.
§ 4 Districts; apportionment
Senate and House districts are apportioned as nearly equal in population as practicable and reapportioned after each federal census.
§ 5 Qualifications of Representatives
A Representative must be a citizen and resident of the State and district for the required periods and of the minimum age.
§ 6 Qualifications of Senators
A Senator must meet residence and citizenship requirements and be at least the minimum age fixed by the Constitution.
§ 7 Regular and special sessions
The General Assembly meets in regular session and may be convened in special session as provided.
§ 8 Judge of elections; quorum; rules
Each house judges the elections and qualifications of its members, a majority is a quorum, and each house determines its rules and may punish or expel members.
§ 9 Compensation
Members receive the compensation fixed by law, subject to limits on mid-term changes.
§ 10 Privileges of members
Members are privileged from arrest during sessions except for serious crimes and are not questioned elsewhere for words spoken in debate.
§ 11 Passage of bills; single subject
No bill shall embrace more than one subject, expressed in its title, and laws are passed by bill in the manner prescribed.
§ 12 Signing and enacting of laws
Bills passed by both houses are signed by the presiding officers and take effect as provided.
§ 16 One subject in a bill
No bill shall embrace more than one subject, which shall be expressed in its title.
§ 17 Prohibited local and special laws
The General Assembly may not pass local or special laws in enumerated cases where a general law can be made applicable.
§ 18 Lotteries and gambling
No lottery or gambling is permitted except as authorized by the Constitution and regulated by the General Assembly.
§ 20 Bribery of members
Bribery of or by members of the General Assembly is a crime punishable by law and disqualification from office.
Article III Executive
§ 1 Executive power; Governor
The supreme executive power is vested in a Governor who takes care that the laws are faithfully executed.
§ 2 Term of Governor
The Governor is elected for four years and may not serve more than two terms.
§ 3 Election of Governor
The Governor is chosen by the qualified electors at the general election; ties and contests are resolved as provided.
§ 4 Qualifications
The Governor must be a citizen of the United States, at least 30 years old, and a resident of the State for the required period.
§ 5 Message and recommendations
The Governor informs the General Assembly of the condition of the State and recommends measures.
§ 6 Special sessions; adjournment
The Governor may convene the General Assembly in special session and may adjourn it in case of disagreement on adjournment.
§ 7 Commander-in-chief
The Governor is commander-in-chief of the State's military forces except when they are called into federal service.
§ 8 Appointments
The Governor appoints officers whose selection is not otherwise provided for, with the consent of the Senate where required.
§ 9 Approval and veto of bills
Every bill is presented to the Governor, who may sign, veto, or allow it to become law; a veto may be overridden by a three-fifths vote of each house.
§ 18 Lieutenant Governor
The Lieutenant Governor is elected with the Governor, presides over the Senate, and succeeds to the office of Governor upon a vacancy.
§ 21 Other executive officers
The Secretary of State, Attorney General, State Treasurer, Auditor of Accounts, and Insurance Commissioner are provided for as executive officers.
Article IV Judiciary
§ 1 Judicial power; courts
The judicial power is vested in a Supreme Court, a Superior Court, a Court of Chancery, and the other courts established by law.
§ 2 Supreme Court
The Supreme Court is the State's highest court and consists of a Chief Justice and Associate Justices.
§ 3 Appointment of judges
Judges are appointed by the Governor with the consent of a majority of the Senate, subject to the constitutional political-balance requirement.
§ 7 Superior Court
The Superior Court is the general trial court of law with statewide jurisdiction.
§ 10 Court of Chancery
The Court of Chancery, headed by a Chancellor, exercises the State's equity jurisdiction.
§ 11 Jurisdiction of the Supreme Court
The Supreme Court has appellate jurisdiction over final judgments in law and equity and issues writs as provided.
§ 21 Political balance of the courts
No more than a bare majority of the judges of the major courts may belong to one political party.
§ 38 Justices of the peace
Justices of the peace and other minor courts are established and regulated by law.
Article V Elections
§ 2 Qualifications of electors
Every citizen at least 18 years old who meets residence and registration requirements is entitled to vote.
§ 3 Registration of voters
The General Assembly provides for the registration of qualified electors as a prerequisite to voting.
§ 4 Absentee voting
The General Assembly may provide for voting by qualified electors who are absent or otherwise unable to vote in person.
§ 6 Secrecy of the ballot
Voting is by secret ballot or by a method that preserves the secrecy and integrity of the vote.
§ 7 Privilege from arrest
Electors are privileged from arrest while attending, going to, and returning from elections, except for serious crimes.
§ 9 Bribery and election offenses
Bribery, intimidation, and other corrupt practices at elections are punishable and may disqualify offenders from office and suffrage.
Article VI Impeachment and Treason
§ 1 Power of impeachment
The House of Representatives has the sole power of impeaching civil officers of the State.
§ 2 Trial of impeachments
Impeachments are tried by the Senate, and conviction requires the concurrence of two-thirds of the members.
§ 3 Officers liable; judgment
The Governor and other civil officers are liable to impeachment for treason, bribery, or other high crimes; judgment extends only to removal and disqualification from office.
§ 4 Treason defined
Treason against the State consists only in levying war against it or adhering to its enemies, and conviction requires two witnesses to the same overt act or confession in open court.
Article VII Pardons
§ 1 Pardoning power
The Governor may grant reprieves, commutations, and pardons, except in cases of impeachment, upon the recommendation of the Board of Pardons.
§ 2 Board of Pardons
The Board of Pardons consists of the Lieutenant Governor, Chancellor, Secretary of State, State Treasurer, and Auditor of Accounts.
§ 3 Remission of fines and forfeitures
The Governor may remit fines and forfeitures on the recommendation of the Board of Pardons.
Article VIII Revenue and Taxation
§ 1 Uniformity of taxation
All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying them.
§ 2 Revenue bills
All bills for raising revenue originate in the House of Representatives, though the Senate may amend them.
§ 3 Payments from the treasury
No money is drawn from the treasury except in consequence of appropriations made by law.
§ 6 Borrowing and state debt
The State may not incur debt except by a three-fourths vote of each house or as otherwise authorized by the Constitution.
§ 8 Loan of state credit
The credit of the State may not be pledged or loaned to any individual, company, or corporation except as authorized.
Article IX Corporations
§ 1 Formation of corporations
Corporations are formed under general laws, and the General Assembly may enact, amend, or repeal such laws.
§ 3 Taxation of corporations
The power to tax corporations and their property is not surrendered or suspended by any contract or grant.
§ 5 Municipal corporations
The General Assembly provides for the creation, organization, and powers of municipal corporations.
Article X Education
§ 1 Free public schools
The General Assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools.
§ 2 School fund
The income of the public school fund and revenues designated for schools are used solely for public education.
§ 3 No sectarian appropriations
No portion of any fund appropriated for public schools shall be used for the benefit of any sectarian, church, or denominational school.
Article XI Agriculture
§ 1 State Board of Agriculture
A State Board of Agriculture is established with the powers and duties prescribed by law to promote agriculture in the State.
Article XII State Board of Health
§ 1 State Board of Health
A State Board of Health is established, with authority over local boards of health, to protect public health as provided by law.
Article XIII Local Option
§ 1 Regulation of intoxicating liquors
The sale of intoxicating liquors may be regulated, restricted, or prohibited within districts through local-option elections as provided by law.
Article XIV Oath of Office
§ 1 Form of oath
Officers take an oath to support the Constitution of the United States and of Delaware and to faithfully discharge the duties of their office.
Article XV Miscellaneous
§ 1 Officers to hold over
Officers hold their offices until their successors are duly qualified, unless otherwise provided.
§ 2 Merit system
The General Assembly may establish a merit system for the employment and advancement of state employees.
§ 5 Bribery of officers
Bribery of public officers is a crime, and any officer accepting a bribe is disqualified from office.
§ 8 Continuity of laws
Existing laws not inconsistent with this Constitution remain in force until altered or repealed.
Article XVI Amendments and Conventions
§ 1 Amendment by the General Assembly
Amendments may be proposed in either house, and take effect when agreed to by two-thirds of each house in two successive General Assemblies, without submission to the voters.
§ 2 Constitutional convention
A convention to revise or amend the Constitution may be called when two-thirds of each house so agrees and a majority of the voters approve calling it.
Article XVII Continuity of Governmental Operations
§ 1 Emergency continuity of government
The General Assembly may provide for the continuity of governmental operations and prompt filling of offices in the event of an emergency caused by enemy attack or disaster.
Article Sch. Schedule
§ — Transitional provisions
Transitional provisions fixing when the 1897 Constitution took effect, continuing prior laws, officers, and pending matters where not inconsistent with the new Constitution. Largely spent.
Full, verbatim text at Delaware Code Online