The Delaware Constitution
Through Divine goodness, all people 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.
Section 1
Last Amended
1999
Freedom of religion
Section 2
Religious test for office not required
Section 3
Free and equal elections
Section 4
Trial by jury
Section 5
Last Amended
1999
Freedom of press and speech; evidence in libel prosecutions; jury questions
Section 6
Searches and seizures
Section 7
Last Amended
1999
Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation of life, liberty or property
Section 8
Last Amended
1999
Prosecution by indictment or information; double jeopardy; just compensation for property
Section 9
Last Amended
1999
Courts shall be open; remedy for injury; suits against State
Section 10
Suspension of laws by General Assembly
Section 11
Excessive bail or fines; cruel punishments; health of prisoners
Section 12
Right to bail; access to accused
Section 13
Suspension of habeas corpus
Section 14
Commission of oyer and terminer, or jail delivery
Section 15
Corruption of blood; forfeiture; descent of suicide's estate
Section 16
Right of assembly; petition for redress of grievances
Section 17
Standing army; necessity for legislative consent; subordination of military
Section 18
Prohibition against quartering soldiers in homes
Section 19
Hereditary distinctions; holding office during good behavior; offices and titles from foreign states
Section 20
Last Amended
2010
Right to keep and bear arms
Section 21
Last Amended
2021
Equal rights
Reserve Clause
Section 1
General Assembly to hold legislative power; composition
Section 2
Composition of House and Senate; terms of office; districts; election
Section 2A
Additional representative districts
Section 2B
Delegates to Constitutional Convention
Section 3
Last Amended
2023
Qualifications of members; commencement of terms of members
Section 4
Last Amended
2023
Time and frequency of sessions
Section 5
Last Amended
2018
Place of meeting
Section 6
Vacancies; tenure of office of persons elected to fill
Section 7
Last Amended
1999
President pro tempore, Speaker and other officers; absence of presiding officers
Section 8
Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance
Section 9
Rules; punishment and expulsion of members; scope of powers
Section 10
Journals; publication; entry of yeas and nays; passage of bills and resolutions
Section 11
Accessibility to each House and Committees of the Whole
Section 12
Consent of each House to adjournment
Section 13
Immunity from arrest and questioning of speeches
Section 14
Holding dual office or having interest in army or navy contract
Section 15
Compensation, expenses and allowances of members
Section 16
Restriction of bills and resolutions to one subject; expression in title; exception
Section 17
Lotteries and other gambling
Section 17A
Bingo games; organizations authorized to conduct; submission to referendum; districts; regulation; penalties
Section 17B
Lotteries not under State control; organizations authorized to conduct; submission to referendum; districts; regulation; penalties
Section 18
Divorce or alimony
Section 19
Local or special laws relating to fences, livestock, ditches, school districts, and roads, highways, streets, etc.
Section 20
Last Amended
1999
Disclosure of personal or private interest of legislator in any pending measure
Section 21
Conviction of crime as ban to public office
Section 22
Last Amended
1999
Bribery of executive, judicial or legislative officers
Section 23
Statutes as public laws unless otherwise declared
Section 24
Repealed
2023
Repealed
Section 25
Laws permitting zoning ordinances and use of land
Section 1
Governor to be supreme executive
Section 2
Election of Governor
Section 3
Last Amended
1999
Election returns, publications; election by General Assembly
Section 4
Last Amended
1999
Contested elections of Governor or Lieutenant-Governor
Section 5
Last Amended
1999
Term of office
Section 6
Last Amended
1999
Qualifications
Section 7
Last Amended
1999
Compensation
Section 8
Last Amended
1999
Governor as commander-in-chief of state armed forces
Section 9
Last Amended
2011
Appointing power; recess appointments; confirmation
Section 10
Last Amended
1999
Secretary of State; appointment, term, duties and compensation
Section 11
Last Amended
1999
County officers; qualifications; members of Congress, federal employees and other officers holding dual office
Section 12
Commissions
Section 13
Last Amended
1999
Removal of officers by Governor; procedure
Section 14
Reports from executive departments
Section 15
Last Amended
1999
Messages to General Assembly
Section 16
Last Amended
1999
Special sessions of General Assembly; adjournment; special session of Senate
Section 17
Last Amended
1999
Execution of laws
Section 18
Last Amended
2023
Approval or veto of bills, orders, resolutions or votes; repassage over veto
Section 19
Last Amended
1999
Lieutenant-Governor; election, term and qualifications; President of the Senate; compensation
Section 20
Last Amended
2023
Vacancy in offices of both Governor and Lieutenant-Governor; officers eligible to act; disability of Governor
Section 21
Election and term of office for certain state officers
Section 22
Last Amended
2001
Election and term of office of certain county officers; commission
Section 23
Last Amended
2001
Place of office of certain county officers
Section 24
Last Amended
2023
Date of commencement of terms of certain State and County elective officers
Section 1
Last Amended
2005
Creation of courts
Section 2
Last Amended
2010
Justices of Supreme Court and other State Judges; qualifications; residence; precedence
Section 3
Last Amended
2017
Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment
Section 4
Last Amended
2010
Compensation of judges; method of payment; receipt of other fees or holding other office
Section 5
Composition of Superior Court; presiding judge; quorum
Section 6
Last Amended
2005
Sessions of Superior Court
Section 7
Jurisdiction of Superior Court
Section 7A
Last Amended
2005
Jurisdiction of Family Court
Section 7B
Last Amended
2005
Jurisdiction of Court of Common Pleas
Section 8
Last Amended
2005
Definitions of particular terms
Section 9
Last Amended
2005
Repealed
Section 10
Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings
Section 11
Last Amended
2015
Jurisdiction of Supreme Court
Section 12
Last Amended
1994
Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court
Section 13
Last Amended
2007
Administrative head of courts; supervisory powers; designation of judges to sit in Court of Chancery, or the Superior Court
Section 14
Last Amended
2007
Power of law judges to grant restraining orders and preliminary injunctions
Section 15
Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified
Section 16
Scope of jurisdiction and process; costs
Section 17
Last Amended
2005
Jurisdictional changes by General Assembly; appeals to Supreme Court
Section 18
Last Amended
2007
Powers of Chancellor, Vice-Chancellors and Judges
Section 19
Instructions to jury
Section 20
Trial by court of issues of fact in civil causes
Section 21
Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties
Section 22
Last Amended
1999
Payment into court pending action for debt or damages; costs
Section 23
Last Amended
1999
Survival of action; executor or administrator as party; continuance
Section 24
Last Amended
1999
Security for stay of proceedings on appeal or writ of error
Section 25
Last Amended
2001
Chief Register in Chancery: appointment; powers and duties
Section 26
Last Amended
1999
Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias
Section 27
Last Amended
1999
Clerk of Supreme Court; term of office and compensation
Section 28
Criminal jurisdiction of inferior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals
Section 29
Last Amended
2013
Justices of the Peace; term of office; powers of the Chief Magistrate and Justices of the Peace
Section 30
Last Amended
2010
Justices of the Peace, Chief Magistrate, and judges of legislative courts; appointment by Governor; terms of office
Section 31
Last Amended
2005
Registers of Wills; depositions of witnesses; process; appeals to Court of Chancery; disqualification of Register for interest
Section 32
Last Amended
1999
Adjustment and settlement of executors' and administrators' accounts; notice; hearing of exceptions in Court of Chancery; transfer of jurisdiction; appeals
Section 33
Style of process and public acts; prosecutions in name of State
Section 34
Last Amended
2007
Continuation in office and designation of certain judicial officers
Section 34A
Last Amended
2007
Continuation in office and designation of judicial officers of the Family Court and the Court of Common Pleas
Section 35
Proceedings pending at time of 1951 amendment; books, records and papers; effect of amended article on Court of Chancery
Section 36
Last Amended
2005
Repealed
Section 37
Last Amended
2017
Court on the Judiciary
Section 38
Last Amended
2007
Retired Judges and Justices; temporary assignment
Section 39
Last Amended
2001
Senior judges
Section 1
Time and manner of holding general election
Section 2
Last Amended
2023
Qualifications for voting; members of the Armed Services of the United States stationed within State; persons disqualified; forfeiture of right
Section 2A
Last Amended
1999
Residence requirements in case of intrastate removal; election of President and Vice-President of United States; qualifications
Section 2B
Last Amended
1999
Residence requirements of persons from other states; election of President and Vice-President of United States; qualifications
Section 3
Last Amended
1999
Influencing voter; loss of vote; challenge; oath and affirmation; perjury
Section 4
Last Amended
2007
Registration of voters; days for registration; application to strike name from list; appeals; registration as prerequisite for voting
Section 4A
General laws for absentee voting
Section 4B
Uniform laws for absentee registration
Section 5
Electors privileged from arrest; exceptions
Section 6
Voting machine recording tapes, voting machine certificate, and absentee ballots; delivery to Prothonotary; duties and composition of court; quorum
Section 7
Election offenses; penalties; self-incrimination
Section 8
Last Amended
1999
Prosecution for election offenses; procedure; appeal; bond
Section 9
Enumeration of election offenses as limitation on power of General Assembly
Section 1
Uniformity of taxes; collection under general laws; exemption for public welfare purposes
Section 2
Revenue bills to originate in House; amendments by Senate; restriction on definition; exclusion of unrelated matter
Section 3
Last Amended
2023
Borrowing money; specification of purpose; surplus borrowed money
Section 4
Last Amended
2023
Restrictions on loan of public money or bonds and credit of State
Section 5
Capitation tax; uniformity; use
Section 6
Procedure in withdrawal and payment of public moneys; annual publication of receipts and expenditures; limitation upon appropriations
Section 7
Real estate assessments; inclusion of values
Section 8
Lending credit, appropriating money to or becoming interested in any private corporation, person or company by county or municipality
Section 9
Retroactive increase of taxation of personal income
Section 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
Section 11
Imposition or levy of new taxes or license fees
Section 12
The Transportation Trust Fund; use and restrictions
Section 1
Creation, amendment, renewal or revival by general law; exceptions; revocation or forfeitures of charters; requisites for enactment of corporation laws
Section 2
Acceptance of Constitution by existing corporations as prerequisite for amendment or renewal of charter
Section 3
Repealed
2004
Repealed
Section 4
Rights, privileges, immunities and estates
Section 5
Designation, by foreign corporation, of agent for service of process
Section 6
Taxation of stock owned by persons or corporations without the State
Section 1
Establishment and maintenance of free public schools; attendance
Section 2
Last Amended
1995
Annual appropriations; apportionment; use of funds; separation of schools; other expenses
Section 3
Use of educational funds by religious schools; exemption of school property from taxation
Section 4
Use of Public School Fund
Section 5
Transportation of nonpublic school students
Section 6
Property tax; use limitations
Section 1
State Board of Agriculture
Section 2
Composition of Board; residence of Commissioners; quorum
Section 3
Appointment of Commissioners by Governor; tenure; vacancies
Section 4
Abatement and prevention of diseases of fruit trees, plants, vegetables, cereals and livestock
Section 5
Plans for securing immigration of industrious and useful settlers
Section 6
Compensation of Board members
Section 7
Duration of Board
Section 1
Conservators of the peace
Section 2
Receipt for fees
Section 3
Costs on bill returned ignoramus or on acquittal
Section 4
Last Amended
1999
Extension of term of public officer; diminution of salary or emoluments
Section 5
Officers to hold office until successors qualify
Section 6
Behavior of officers; removal for misbehavior or infamous crime
Section 7
Last Amended
2022
Offenses excepted from prohibition against prosecuting by information and jury trial
Section 8
Interest of member or officer of department in contracts for supplies or services of department prohibited
Section 9
Prefixing Constitution to codification of laws
Section 10
Disqualification to hold office by reason of sex
Section 1
Last Amended
2023
Proposal and concurrence of Constitutional amendments in General Assembly; procedure
Section 2
Last Amended
1999
Constitutional Conventions; procedure; compensation of delegates; quorum; powers and duties; vacancies
Section 3
Receiving, tallying and counting votes for or against Convention; return of vote; enabling legislation
Section 4
Approval of bills or resolutions under this article; exemption from Article III, section 18
Section 5
Separate ballots on question of Convention
That no inconvenience may arise from the amendments of the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained as follows:
Section 1
Last Amended
1999
Delivery, filing and publication of enrolled copy of amended Constitution and Schedule
Section 2
Effective date of amended Constitution
Section 3
Effect on offices of Senators and Representatives; election
Section 4
Repealed
2023
Redesignated
Section 5
Date of first general election
Section 6
Effect on Governor's term
Section 7
Continuation of elective and appointive offices; election of successors; renewal of official obligations
Section 8
Repealed
2023
Redesignated
Section 9
Date of abolition of courts and judicial offices; transfer of pending proceedings and books, records and papers
Section 10
Registers' Court and jurisdiction of justice of the peace unaffected
Section 11
Last Amended
2007
Payments to certain incumbent judges not reappointed
Section 12
First biennial session of General Assembly under Constitution
Section 13
Exceptions to limitations on amount of compensation payable to members of General Assembly and presiding officers
Section 14
Renewal of existing corporations until enactment of general incorporation law
Section 15
Guardians' accounts
Section 16
Terms of office of persons holding office on effective date of Constitution
Section 17
Vacancies in Board of Pardons
Section 18
Laws consistent with Constitution not affected
Section 19