Delaware Law Article I - BILL OF RIGHTS
Here is a summary of the Delaware Constitution – Article I: Bill of Rights:
📜 Overview: Article I – Bill of Rights (Delaware Constitution)
This article outlines the basic individual rights and freedoms guaranteed to all people under Delaware state law. While closely reflecting the U.S. Bill of Rights, Delaware’s version provides state-specific protections and clarifies several liberties.
🔹 Key Provisions in Article I:
Section 1 – Rights of Individuals
All individuals are equally free and independent.
Possess natural, inherent, and inalienable rights, including:
Enjoying and defending life and liberty
Acquiring, possessing, and protecting reputation and property
Pursuing happiness
Section 2 – Religious Freedom
People have the right to worship according to their conscience.
No person shall be compelled to attend or support any religious worship or ministry.
The government shall not establish religion.
Section 4 – Free Speech and Press
Guarantees freedom of speech and of the press.
Individuals are responsible for any abuse of these freedoms.
Section 5 – Right to Assemble and Petition
People may assemble peacefully and petition the government for redress of grievances.
Section 6 – Right to Bear Arms
People have the right to bear arms for defense of themselves and the state.
Section 7 – Due Process
No person shall be deprived of life, liberty, or property, except by due process of law.
Section 8 – Searches and Seizures
Protects against unreasonable searches and seizures.
Warrants must be based on probable cause, supported by oath or affirmation.
Section 9 – Accused’s Rights
Right to a fair trial, to be informed of the accusation, to confront accusers, and to obtain witnesses.
Right to counsel in criminal prosecutions.
Section 10 – Self-Incrimination and Double Jeopardy
No person shall be compelled to testify against themselves.
Protection against double jeopardy.
Section 11 – Bail and Punishment
No excessive bail or fines, nor cruel or unusual punishments.
Section 12 – Indictment for Capital Crimes
No person shall be tried for a capital crime unless indicted by a grand jury, except in military service.
Section 13 – Redress for Injuries
Every person has a right to legal remedies for injuries or wrongs to person, property, or reputation.
Section 14 – Trial by Jury
Preserves the right to trial by jury.
Section 16 – Ex Post Facto Laws Prohibited
Prohibits ex post facto laws, bills of attainder, and laws impairing the obligation of contracts.
Section 20 – Right to Keep and Bear Arms
Affirms the right to keep and bear arms for lawful purposes, including self-defense, hunting, and recreation.
✅ Summary:
Delaware’s Article I – Bill of Rights protects:
Religious liberty
Free expression and press
Right to arms
Due process and fair trial
Freedom from unlawful search
Right to petition and redress
Protections against excessive punishment and retroactive laws
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