Delaware Law Article II - LEGISLATURE

Delaware Constitution – Article II: The Legislature

Overview:

Article II of the Delaware Constitution establishes and governs the General Assembly, which is the legislative branch of Delaware’s state government. It defines the structure, powers, procedures, and limitations of the Senate and House of Representatives.

Key Provisions of Article II:

§1. Legislative Authority

The legislative power of the state is vested in a General Assembly, composed of a Senate and a House of Representatives.

§2. Membership and Terms

The Senate has 21 members; the House of Representatives has 41 members.

Senators serve 4-year terms; Representatives serve 2-year terms.

§3. Qualifications of Members

Senators must be at least 27 years old.

Representatives must be at least 24 years old.

Both must be U.S. citizens, state residents for 3 years, and district residents for 1 year prior to election.

§4. Elections

General Assembly members are elected by the people in even-numbered years.

§5. Organization and Rules

Each chamber elects its own leadership and officers.

They can determine rules, punish members, and expel a member with a two-thirds vote.

§6. Sessions

The General Assembly meets annually beginning on the second Tuesday in January.

The Governor may call special sessions as needed.

§7–§9. Legislative Process

Bills must be read three times in each house before becoming law.

Every bill must be for one subject only, clearly expressed in the title.

The Governor has veto power, which can be overridden by a three-fifths vote of each house.

§10. Revenue Bills

Bills for raising revenue must originate in the House of Representatives.

§11. Bribery and Disqualifications

Anyone convicted of bribery, perjury, or infamous crimes is barred from serving in the General Assembly.

§17. Open Government

Legislative sessions must be open to the public, except in specific cases requiring secrecy.

Purpose of Article II:

Provides the structure and authority for how laws are made in Delaware.

Ensures representation, checks and balances, and transparency in the legislative process.

 

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