Delaware Law Article XVII- CONTINUITY OF GOVERNMENTAL
Delaware Constitution – Article XVII: Continuity of Governmental Operations
Overview:
Article XVII of the Delaware Constitution provides for the continuity of government in the event of emergencies such as enemy attacks, natural disasters, or other catastrophic events that might disrupt normal governmental operations.
This article was added during the Cold War era, reflecting national concerns about maintaining government function in case of nuclear war or similar emergencies.
Key Provisions:
§1. Legislative Authority in Emergencies
The General Assembly is empowered to take necessary actions to ensure continuity of government during an emergency caused by enemy attack or disaster.
This includes the ability to:
Designate temporary locations for government operations (other than the capital).
Establish succession plans for public offices.
Enact laws to ensure continuity of essential governmental functions.
§2. Temporary Locations of Government
During emergencies, the Governor, legislature, and courts may conduct official business from temporary locations.
These temporary seats of government have the same legal authority as the official state capital (Dover).
§3. Succession of Public Offices
The General Assembly may provide methods for filling vacancies or temporarily replacing public officials if they are unavailable due to emergencies.
Purpose and Importance:
Ensures that essential government services and constitutional responsibilities can continue without interruption in the face of large-scale emergencies.
Protects civil order, public safety, and rule of law under extraordinary circumstances.
In Practice:
Article XVII authorizes the legal framework for emergency management, such as:
Emergency succession plans for the Governor and legislature.
Temporary relocation of state functions (e.g., during hurricanes or other disasters).
Crisis response coordination across branches of government.
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