The Delaware state constitution 1st Edition by Randy James Holland 0199779015 9780199779017

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ISBN 10: 0199779015
ISBN 13: 9780199779017
Author: Randy James Holland

The Delaware state constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system. The Delaware State Constitution provides an outstanding constitutional and historical account of the state’s basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware’s constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland’s learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware’s constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state’s constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Delaware State Constitution 1st Edition Table of contents:

Article I: Bill of Rights
Section 1. Freedom of Religion
Section 2. Religious Test for Office Not Required
Section 3. Free and Equal Elections
Section 4. Trial by Jury
Section 5. Freedom of Press; Evidence in Libel Prosecutions; Jury Questions
Section 6. Searches and Seizures
Section 7. Procedural Rights in Criminal Prosecutions; Jury Trial; Self-Incrimination; Deprivation of Life, Liberty or Property
Section 8. Prosecution by Indictment or Information; Double Jeopardy; Just Compensation for Property
Section 9. 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 Suicides’ 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. Right to Keep and Bear Arms
Article II: Legislature
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 the Constitutional Convention
Section 3. Qualifications of Members
Section 4. Time and Frequency of Sessions
Section 5. Place of Meeting
Section 6. Vacancies; Tenure of Office of Persons Elected to Fill
Section 7. 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. Disclosure of Personal or Private Interest of Legislator in Any Pending Measure
Section 21. Conviction of Crime as Ban to Public Office
Section 22. Bribery of Executive, Judicial or Legislative Officers
Section 23. Statutes as Public Laws unless Otherwise Declared
Section 24. Settlement of Accounts of State Treasurer; Ineligibility for Legislative Office until Settlement
Section 25. Laws Permitting Zoning Ordinances and Use of Land
Article III: Executive
Section 1. Governor to Be Supreme Executive
Section 2. Election of Governor
Section 3. Election Returns, Publications; Election by General Assembly
Section 4. Contested Elections of Governor or Lieutenant-Governor
Section 5. Term of Office
Section 6. Qualifications
Section 7. Compensation
Section 8. Governor as Commander-in-Chief of State Armed Forces
Section 9. Appointing Power; Recess Appointments; Confirmation
Section 10. Secretary of State; Appointment, Term, Duties and Compensation
Section 11. County Officers; Qualifications; Members of Congress, Federal Employees and Other Officers Holding Dual Office
Section 12. Commissions
Section 13. Removal of Officers by Governor; Procedure
Section 14. Reports from Executive Departments
Section 15. Messages to General Assembly
Section 16. Special Sessions of General Assembly; Adjournment; Special Session of Senate
Section 17. Execution of Laws
Section 18. Approval or Veto of Bills, Orders, Resolutions or Votes; Repassage over Veto
Section 19. Lieutenant-Governor; Election, Term and Qualifications; President of the Senate; Compensation
Section 20. Vacancy in Offices of Both Governor and Lieutenant-Governor; Officers Eligible to Act; Disability of Governor
Section 21. Election and Term of Office of Certain State Officers
Section 22. Election and Term of Office of Certain County Officers; Commission
Section 23. Place of Office of Certain County Officers
Section 24. Abolition of Office of Clerk of Orphans’ Court; Transfer of Functions (Repealed)
Article IV: Judiciary
Section 1. Creation of Courts
Section 2. Justices of Supreme Court and Other State Judges; Qualifications; Residence; Precedence
Section 3. Appointment of Judges; Terms of Office; Vacancies; Political Representation; Confirmation of Appointment
Section 4. 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. Sessions of Superior Court
Section 7. Jurisdiction of Superior Court
Section 7A. Jurisdiction of Family Court
Section 7B. Jurisdiction of Court of Common Pleas
Section 8. Definitions of Particular Terms
Section 9. Jurisdiction of Orphans’ Court (Repealed)
Section 10. Composition and Jurisdiction of Court of Chancery; Initiation and Decisions in Causes and Proceedings
Section 11. Jurisdiction of Supreme Court
Section 12. Composition of Supreme Court; Designation of Temporary Justices; Quorum; Opening and Adjourning Court
Section 13. Administrative Head of Courts; Supervisory Powers; Designation of Judges to Sit in Court of Chancery, or the Superior Court
Section 14. 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. Jurisdictional Changes by General Assembly; Appeals to Supreme Court
Section 18. 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. Payment into Court Pending Action for Debt or Damages; Costs
Section 23. Survival of Action; Executor or Administrator as Party; Continuance
Section 24. Security for Stay of Proceedings on Appeal or Writ of Error
Section 25. Chief Register in Chancery: Appointment; Powers and Duties
Section 26. Prothonotary as Clerk of Superior Court; Powers and Duties; Entry of Testatum Fieri Facias
Section 27. 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. Justices of the Peace; Term of Office; Powers of the Chief Magistrate and Justices of the Peace
Section 30. Justices of the Peace, Chief Magistrate, and Judges of Legislative Courts; Appointment by Governor; Terms of Office
Section 31. Registers of Wills; Depositions of Witnesses; Process; Appeals to Court of Chancery; Disqualification of Register for Interest
Section 32. 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. Continuation in Office and Designation of Certain Judicial Officers
Section 34A. 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 Amendments; Books, Records and Papers; Effect of Amended Article on Court of Chancery
Section 36. Abolition of Orphans’ Court; Transfer of Jurisdiction and Powers (Repealed)
Section 37. Court on the Judiciary
Section 38. Retired Judges and Justices; Temporary Assignment
Section 39. Senior Judges
Article V: Elections
Section 1. Time and Manner of Holding General Election
Section 2. Qualifications for Voting; Members of the Armed Services of the United States Stationed within State; Persons Disqualified; Forfeiture of Right
Section 2A. Residence Requirements in Case of Intrastate Removal; Election of President and Vice-President of the United States; Qualifications
Section 2B. Residence Requirements of Persons from Other States; Election of President and Vice-President of United States; Qualifications
Section 3. Influencing Voter; Loss of Vote; Challenge; Oath and Affirmation; Perjury
Section 4. 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. Prosecution for Election Offenses; Procedure; Appeal; Bond
Section 9. Enumeration of Election Offenses as Limitation on Power of General Assembly
Article VI: Impeachment and Treason
Section 1. Impeachment Power of House; Trial by Senate; Oath of Senators; Vote; Presiding Officers
Section 2. Grounds for Impeachment
Section 3. Treason
Article VII: Pardons
Section 1. Power of Governor; Recommendation of Board of Pardons; Entry in Register and Submission to General Assembly
Section 2. Composition of Board of Pardons
Section 3. Information from Attorney General on Board’s Duties
Article VIII: Revenue and Taxation
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. Borrowing Money; Specification of Purpose; Surplus Borrowed Money
Section 4. 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 Restriction (Proposed)
Article IX: Corporations
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 to Charter
Section 3. Issuance of Stock (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
Article X: Education
Section 1. Establishment and Maintenance of Free Public Schools; Attendance
Section 2. 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
Article XI: Agriculture
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
Article XII: Health (Repealed)
Section 1. State Board of Health; Local Boards; Powers (Repealed)
Article XIII: Local Option
Section 1. Submission of Liquor Question to District Electors; Election
Section 2. Designation of Districts for Purposes of Article
Section 3. Laws for Enforcement, Manufacture and Sale, and Penalties
Article XIV: Oath of Office
Section 1. Form of Oath for Members of General Assembly and Public Officers
Article XV: Miscellaneous
Section 1. Conservators of the Peace
Section 2. Receipt for Fees
Section 3. Costs on Bill Returned Ignoramus or on Acquittal
Section 4. 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. 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
Article XVI: Amendments and Conventions
Section 1. Proposal of Constitutional Amendments in General Assembly; Procedure
Section 2. Constitutional Convention; 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

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