About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 Paul Dolan, The Constitution of Delaware 75 (1954)

handle is hein.statecon/cnstdw0001 and id is 1 raw text is: NOTES THE CONSTITUTION OF DELAWARE By PAUL DOLAN* HISTORICAL BACKGROUND The present Constitution of Delaware was drafted in 1897. The state has had three general constitutional revisions since the adoption of its original basic law in 1776. The first revision was in 1792, the second in 1831. Changes in the state's fundamental law have been infrequent, and when effected have reflected a long felt desire for modification on the part of an overwhelming majority of the articulate segments of the population. The demands for manhood suffrage, the popular election of the governor, the erection of an adequate judicial system and the restriction of the legislature in the administration of such matters as divorce and chartering of corporations have been the sources of the major changes in the constitutional pattern. The respect for established law and the generally conservative character of the state have tended to prevent a quick alteration of the fundamental frame of government. One can see the slow but steady advance in constitutional thinking over the past century and a half in Delaware, and although progress sometimes has come only after patience has been all but exhausted, nonetheless, changes have been made. One of the basic ideas concerning governance in the first state is that time lends a substance to the law which can be gained by no other means. Analysis of the successive constitutional revisions must take this concept into consideration. Otherwise the continuity of legal thinking which is an elemental factor in Dela- ware's jurisprudence will not be comprehended. Constitution of 1776 The Constitution of the Delaware State, framed in 1776, was not a radical instrument. Few changes, except in the theory as to the source of public power, were made in th'e fundamental law which had governed the colony. The power of the executive, however, was strictly limited; in fact, the office of governor was abolished. The title given the chief magistrate in the new state was that of presi- dent; this officer was elected for three years by a bicameral General Assembly which met annually. Both legislative houses were elected with the colonial electoral procedure basically unaltered. In addition to the president and legislature there was a privy council which acted in advisory capacity to the president. It also had some executive authority. The president had no veto power. The judicial system of colonial days was generally overhauled. In place of the king-in-council as the final court of review, a court of appeals appointed by the legislature sat with the president. The routine judicial power was exercised mainly by a supreme court, elected by the president and the General Assembly, and a court of common pleas, * Associate professor of political science at the University of Delaware.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most