Isabella Carter
The Delaware Constitution of 1897 is the fourth and current governing document for the state government of Delaware and has been in effect since June 10, 1897. The Delaware Constitution is unique in that it is the only state constitution in the country that does not require popular approval to adopt constitutional amendments. Instead, the Delaware General Assembly can amend the constitution through a legislative process or a state constitutional convention. This means that the state legislature has the authority to amend the constitution without a referendum or a vote of the people, which is an unusual feature of the Delaware Constitution.
| Characteristics | Values |
|---|---|
| Date of enactment | June 10, 1897 |
| Executive officer | Governor |
| Governor's term length | Four years |
| Governor's term limit | Two terms |
| Governor's age requirement | 30 years old |
| Governor's citizenship requirement | Citizen of the United States for 12 years, with the last 6 years as an inhabitant of Delaware |
| Amendment process | Article XVI, Sections 1 and 2 outline the legislative process and the state constitutional convention |
| Legislative amendment process | Proposal and concurrence of Constitutional amendments in the General Assembly, with a two-thirds majority required in each chamber |
| Constitutional convention | The General Assembly can put the question of a constitutional convention on a statewide ballot with a two-thirds vote in both chambers |
| Delegate compensation | Provided by law |
| Quorum | Majority of delegates |
| Powers of convention | Appointing officers, employees, and assistants; fixing compensation; printing documents; determining rules of proceedings; judging elections, returns, and qualification of members |
Explore related products
What You'll Learn
Proposal and concurrence of amendments in the General Assembly
The Delaware Constitution is unusual in that the state legislature can amend the constitution without a referendum or a vote of the people. The Delaware General Assembly can amend the constitution through a two-step process.
Firstly, two-thirds of all the members elected to each chamber must vote in favour of a proposed amendment. The Delaware Secretary of State then must publish the proposed amendment(s) three months before the next general election in at least three newspapers in each county.
Secondly, the subsequent General Assembly votes again on the proposed amendment(s). If an amendment receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The state's constitution can also be amended through a constitutional convention. By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can go on a statewide ballot. If a majority of voters approve the question, the General Assembly at its next session shall provide for the election of delegates to such a convention at the next general election. Such a convention shall be composed of forty-one delegates, one of whom shall be chosen from each Representative District by the qualified electors thereof, and two of whom shall be chosen from New Castle County, two from Kent County, and two from Sussex County by the qualified electors thereof, respectively.
Religious Liberty: The US Constitution's First Amendment
You may want to see also
Constitutional Conventions
The Delaware Constitution of 1897 is the fourth and current governing document for the state government and has been in effect since June 10, 1897. The Delaware Constitution is unique in that it can be amended by the legislature without a referendum. This means that, unlike in any other state, the state legislature can amend the constitution without a vote of the people.
Article XVI, Section 1, of the Delaware Constitution outlines the process for proposing and concurring on constitutional amendments in the General Assembly. The General Assembly must approve legislation by a two-thirds vote of all members elected to each House. If the Governor does not give approval, the legislation is returned to the General Assembly, where it can be reconsidered. The legislation may still become law without the Governor's approval if three-fifths of each House of the General Assembly approve it.
The Delaware Constitution can also be amended through a Constitutional Convention. This process begins with a two-thirds vote of both chambers of the state legislature, which puts the question, "Shall there be a Convention to revise the Constitution and amend the same?" on a statewide ballot. If a majority of voters approve the convention, the General Assembly provides for the election of delegates at the next general election. The convention is composed of 41 delegates, with one chosen from each Representative District and two from New Castle County, Kent County, and Sussex County. Each delegate receives compensation for their services as provided by law, and a majority of the convention constitutes a quorum for conducting business. The convention has the power to appoint officers, employees, and assistants, as well as determine the rules of its proceedings.
The Fourth Amendment: A Constitutional Cornerstone
You may want to see also
Approval of bills or resolutions
The Delaware Constitution is unusual in that the Delaware General Assembly can amend the constitution without a referendum or popular vote. This means that the state legislature can amend the constitution without a vote of the people.
To amend the constitution, two-thirds of all the members elected to each chamber of the General Assembly can vote in favour of a proposed amendment. The Delaware Secretary of State must then publish the proposed amendment(s) three months before the next general election in at least three newspapers in each county. The subsequent General Assembly then votes again on the proposed amendment(s). If an amendment receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The constitution can also be amended through a constitutional convention. By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can be put on a statewide ballot. If a majority of voters approve the convention, the General Assembly provides for the election of delegates to the convention at the next general election. The convention is composed of 41 delegates, with one chosen from each Representative District and two from New Castle County, Kent County, and Sussex County. Each delegate receives compensation for their services as provided by law. A majority of the Convention constitutes a quorum for the transaction of business, and the Convention determines the rules of its proceedings.
The General Assembly also has the power to transfer to the Orphans' Court all or part of the jurisdiction vested in the Register of Wills and to vest in the Orphans' Court all or part of such jurisdiction. Additionally, the General Assembly can establish or revise the jurisdiction of the Supreme Court, Superior Court, Court of Chancery, Orphans' Court, Register's Court, and Justices of the Peace.
Egypt's 1973 Constitution: Amendments for a Modern Egypt
You may want to see also
Explore related products
Delaware is unique in that the legislature can amend the constitution without a referendum
The Delaware Constitution of 1897 is the fourth and current governing document for the state government and has been in effect since June 10, 1897. Delaware is the only state in the country that does not require popular approval to adopt constitutional amendments. The state legislature can amend the constitution without a referendum or a vote of the people.
Article XVI, Section 1, of the Delaware Constitution provides that the General Assembly can amend the constitution through a legislative process or a state constitutional convention. For the legislature to amend the constitution, two-thirds of all the members elected to each chamber must vote in favor of a proposed amendment. The Delaware Secretary of State must then publish the proposed amendment(s) three months before the next general election in at least three newspapers in each county. The subsequent General Assembly then votes again on the proposed amendment(s), and if an amendment receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The constitution can also be amended through a constitutional convention. By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can be put on a statewide ballot. If a majority of voters approve the question, the General Assembly provides for the election of delegates to the convention at the next general election. The convention is composed of 41 delegates, with one delegate chosen from each representative district and two delegates from each of the three counties.
The Delaware Constitution is unique in that it grants the legislature the authority to amend it without direct voter input. This sets it apart from other state constitutions, which typically require popular approval for constitutional changes.
The Ninth Amendment: Protecting Our Unenumerated Rights
You may want to see also
The constitution can be amended through a constitutional convention
The Delaware Constitution is unusual in that it can be amended without a referendum or popular vote. This is in contrast to other states, where the constitution cannot be amended without a popular vote.
Article XVI, Section 1, of the Delaware Constitution outlines the process of amending the constitution through a legislative process. The Delaware General Assembly can amend the constitution with a two-thirds majority approval of all members of each chamber. The proposed amendment must then be published in at least three newspapers in each county three months before the next general election. The subsequent General Assembly then votes again on the proposed amendment, and if it receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
The constitution can also be amended through a constitutional convention. By a two-thirds vote of both chambers of the state legislature, the question, "Shall there be a Convention to revise the Constitution and amend the same?" can be put to a statewide ballot. If a majority of voters approve the convention, the General Assembly provides for the election of delegates at the next general election. The convention shall be composed of 41 delegates, with one delegate chosen from each Representative District and two delegates from New Castle County, Kent County, and Sussex County. Each delegate shall be compensated for their services, and a majority of the convention shall constitute a quorum for the transaction of business. The convention will have the power to appoint officers, employees, and assistants and determine the rules of its proceedings.
How Arizona's Constitution Can Be Amended
You may want to see also
Frequently asked questions
The Delaware General Assembly can amend the constitution.
No, Delaware is the only state in the country that does not require popular approval to adopt constitutional amendments.
The Delaware Constitution defines two mechanisms by which the Delaware Constitution can be amended—a legislative process, and a state constitutional convention. For the legislative process, two-thirds of all the members elected to each chamber can vote in favor of a proposed amendment. The Delaware Secretary of State then publishes the proposed amendment(s) three months before the next general election in at least three newspapers in each county. The subsequent General Assembly then votes again on the proposed amendment(s) and if an amendment receives a two-thirds majority approval of all members of each chamber, it becomes part of the constitution.
