The Delaware Constitution of 1897

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The Delaware Constitution of 1897 is the foundational legal document governing the State of Delaware, having been adopted on June 4, 1897, and remaining in effect — with amendments — to the present day.[1] It is the fourth constitution in Delaware's history, succeeding earlier governing documents ratified in 1776, 1792, and 1831.[2] Comprising 17 articles, the constitution establishes the structure, powers, and limitations of state government, enumerates the rights of Delaware citizens, and provides the legal framework within which all state law operates.[3] The document has been amended numerous times since its adoption, with the most recent amendment occurring in 2019.[4]

Historical Background

Delaware has operated under four distinct constitutions since achieving statehood. Each constitution reflected the evolving political, social, and legal priorities of the era in which it was written. The first constitution, ratified in 1776, was drafted during the American Revolution and established Delaware as an independent state separate from Pennsylvania, with which it had long shared a colonial governor. The second constitution followed in 1792 and reflected the principles enshrined in the newly ratified United States Constitution. A third constitution was adopted in 1831, responding to the changing demands of a growing state and shifting political landscape.

By the late nineteenth century, Delaware's legal and governmental landscape had evolved considerably, prompting the convening of a constitutional convention to produce a new governing document. The resulting Constitution of 1897 was the product of deliberate revision rather than incremental amendment, representing a comprehensive rewriting of the state's foundational law.[5] All four of Delaware's constitutions, including the 1897 document, were written by constitutional conventions rather than through legislative action alone.[6]

Adoption and Legal Status

The Constitution of 1897 was formally adopted on June 4, 1897, and has served as Delaware's supreme law ever since.[7] It is published and maintained as part of the Delaware Code, the official codification of Delaware law, and is freely accessible through the Delaware Code Online, a government-maintained legal resource.[8]

As the supreme law of the state, the Delaware Constitution takes precedence over all other state statutes and regulations. Any act of the Delaware General Assembly or action of the executive branch that conflicts with the constitution may be subject to judicial review and invalidation by the Delaware Supreme Court or other courts with appropriate jurisdiction. The constitution also operates in conjunction with the United States Constitution, which itself supersedes state law in areas of federal authority.

The document's longevity — spanning more than 125 years — makes it one of the more enduring state constitutions in the United States. Despite its age, it has remained the operative governing document through repeated amendments that have kept it relevant to contemporary governance.

Structure and Organization

The Delaware Constitution of 1897 is organized into 17 articles, each addressing a distinct aspect of state governance or the rights of citizens.[9] The document opens with a Preamble, followed by a comprehensive enumeration of individual rights before turning to the structure of government.[10]

Preamble

The Preamble to the Delaware Constitution establishes the purposes and intentions of the document. Like many state constitutional preambles, it sets forth the foundational principles undergirding the entire text, framing the authority of the state government as deriving from the people of Delaware.[11]

Article I: Bill of Rights

Article I of the Delaware Constitution serves as the state's Bill of Rights, enumerating the fundamental liberties and protections afforded to Delaware citizens.[12] State bills of rights often provide protections that parallel or expand upon those found in the federal Bill of Rights, and Delaware's Article I functions in this capacity, grounding individual liberties directly within the state's supreme law rather than relying solely on federal constitutional protections.

Article II: Legislature

Article II addresses the structure, composition, powers, and procedures of the Delaware General Assembly, the state's bicameral legislative body.[13] The General Assembly consists of the Delaware Senate and the Delaware House of Representatives. Article II establishes the foundational rules governing how legislation is introduced, debated, and enacted, as well as the qualifications for legislative office, the apportionment of legislative districts, and the terms of service for elected legislators.

Remaining Articles

Beyond the Preamble and the first two articles, the Delaware Constitution contains 15 additional articles spanning the full range of state governmental functions. These articles collectively address the executive branch, including the offices of the Governor of Delaware and other statewide officers; the judicial branch and the structure of Delaware's court system; provisions related to elections and suffrage; taxation and finance; education; municipal corporations; and miscellaneous provisions governing state administration. The full 17-article structure reflects the comprehensive scope of constitutional governance, providing both the skeleton of state government and the constraints upon its power.

Amendment Process

The Delaware Constitution of 1897 can be amended, and has been, on numerous occasions since its adoption. The most recent amendment was ratified in 2019, demonstrating the document's continuing relevance and the ongoing willingness of state government to update its fundamental law.[14]

Unlike the process for amending the United States Constitution, which requires ratification by three-fourths of the states following a congressional supermajority vote, Delaware's amendment process is governed entirely at the state level. State constitutional amendment processes typically require legislative approval — often by a supermajority — followed by ratification, either by a subsequent legislative session or by a public referendum. Delaware's process, as established in the constitution itself, has allowed the document to be updated without requiring the convening of an entirely new constitutional convention.

The accumulation of amendments over more than a century means that the constitution as it exists today — officially titled The Delaware Constitution of 1897 as amended — differs in certain respects from the document originally ratified in 1897, while retaining the same foundational structure and the bulk of its original text.[15]

Significance and Legacy

The Delaware Constitution of 1897 occupies a central place in the legal and governmental life of Delaware. As the supreme law of the state, it defines the boundaries of legislative, executive, and judicial authority, protects the rights of Delaware's residents, and establishes the mechanisms through which government may act. Its longevity reflects both the durability of its original drafting and the capacity of the amendment process to allow adaptation to changing circumstances.

Delaware holds a distinctive place in American history as the first state to ratify the United States Constitution in 1787, earning it the nickname "The First State." The state's commitment to deliberate constitutional governance, evidenced by the four constitutions it has produced since 1776, aligns with that tradition of careful attention to foundational legal structures.[16]

The 1897 constitution has also been studied in the context of Delaware's reputation as a significant jurisdiction for business and corporate law. While the constitution itself establishes the broad framework of state government, it operates alongside Delaware's statutory law — including the Delaware General Corporation Law — which has made Delaware a prominent center for corporate formation and litigation in the United States. The constitutional framework established in 1897 provided the stable governmental foundation within which Delaware's legal and business environment has developed.

Accessing the Constitution

The full text of the Delaware Constitution of 1897, including all amendments, is publicly available through the Delaware Code Online, the official digital repository of Delaware law maintained by the state government.[17] The Library of Congress also maintains a research guide to Delaware law that provides access to constitutional materials and related legal resources.[18] These resources make the text of the constitution available to citizens, researchers, legal practitioners, and policymakers.

See Also

References

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