Constitution of Delaware

Constitution of the State of Delaware
Constitution of the State of Delaware
Overview
Jurisdiction	Delaware, United States
Ratified	June 4, 1897
Date effective	June 10, 1897; 127 years ago
Chambers	Two (bicameral Delaware General Assembly)
Executive	Governor of Delaware
Judiciary	Judiciary of Delaware
History
Amendments	100+[quantify]
Signatories	30 delegates

The Constitution of the State of Delaware of 1897 is the fourth and current governing document for Delaware state government and has been in effect since June 10 of that year.

Executive

The Governor is the executive officer of the State, and is chosen by the qualified electors of the State, once every four years, at the general election. The term of the Governor is for four years, from the third Tuesday in January following the election. A person may be elected Governor only twice. The Governor must be thirty years old, a citizen and inhabitant of the United States for twelve years before the day of the election, and for the last six years of that time an inhabitant of Delaware.

The Governor is commander-in-chief of the state armed forces including the militia and, with the consent of the State Senate, appoint the Secretary of State to serve at the pleasure of the Governor.

Legislation approved by the General Assembly is submitted to the Governor for approval. In the event approval is not given, the legislation is returned to the General Assembly, reconsidered, and may become law without the Governor's approval only if three-fifths of each House of the General Assembly approve it.

Members of the Delaware Constitutional Convention of 1897. The Convention convened in December 1896 and adjourned June 4, 1897.

John Biggs, President, Democrat from New Castle County
Edward G. Bradford
Martin B. Burris
William A. Cannon
Paris T. Carlisle Jr.
Wilson T. Cavender
David S. Clark
J. Wilkins Cooch
Ezekiel W. Cooper
Robert W. Dasey
Joshua A. Ellegood
Charles B. Evans
James B. Gilchrist
Robert G. Harman
Edward D. Hearne
John W. Hering
Andrew J. Horsey
Andrew L. Johnson
Woodburn Martin
Elias N. Moore
George H. Murray
William P. Orr Jr.
Nathan Pratt
Charles F. Richards
Lowder L. Sapp
William Saulsbury
William T. Smithers
William C. Spruance, Republican from New Castle County
Isaac K. Wright

Amendment procedure

The Delaware Constitution is unusual in that the legislature has authority to amend it without a referendum. Article XVI, Section 1, of the Delaware Constitution provides that

Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by two-thirds of all the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the Secretary of State shall cause such proposed amendment or amendments to be published three months before the next General Election in at least three newspapers in each county in which such newspapers shall be published; and if in the General Assembly next after the said election such proposed amendment or amendments shall upon yea and nay vote be agreed to by two-thirds of all the members elected to each House, the same shall thereupon become part of the Constitution.

The people are notified of the proposed amendment through the newspaper publications and may make their views known, and give effect to their desires, by voting for or against those legislators who are seeking to amend the constitution.

History

Delaware held a convention in 1853 regarding slavery, producing a constitution that was rejected by voters.^[1]

References

^ Holland, Randy James (2017). The Delaware State Constitution. Oxford University Press. ISBN 978-0-19-049107-9.

Hoffecker, Carol E. (2004). Democracy in Delaware. Cedar Tree Books, Wilmington. ISBN 978-1-892142-23-8.
Munroe, John A. (1993). History of Delaware. University of Delaware Press. ISBN 978-0-87413-493-3.
Martin, Roger A. (1984). A History of Delaware Through its Governors. McClafferty Press, Wilmington.
Scharf, John Thomas. (1888). History of Delaware 1609-1888. 2 vols. L. J. Richards & Co., Philadelphia.
Delaware Code Annotated (1975). Constitution of the State of Delaware. Michie Company, Charlottesville.