Although it is the duty of all persons frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends, are hereby promoted; yet no person shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against the person’s own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 2. Religious test for office not required.
No religious test shall be required as a qualification to any office, or public trust, under this State.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 3. Free and equal elections.
All elections shall be free and equal.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;Trial by jury shall be as heretofore.
37 Del. Laws, c. 1 and 38 Del. Laws, Part II, c. 3; 64 Del. Laws, c. 404 and 65 Del. Laws, c. 186; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 5. Freedom of press and speech; evidence in libel prosecutions; jury questions.
The free communication of thoughts and opinions is one of the invaluable rights of humanity. The press shall be free to every citizen who undertakes to examine the official conduct of persons acting in a public capacity; and any citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 73 Del. Laws, c. 291 and 74 Del. Laws, c. 112; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 7. Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation of life, liberty, or property.
In all criminal prosecutions, the accused has a right to be heard personally and by counsel, to be plainly and fully informed of the nature and cause of the accusation against the accused, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by the accused, the accused's friends or counsel, for obtaining witnesses in the accused's favor, and a speedy and public trial by an impartial jury; the accused shall not be compelled to give evidence against the accused'd own self, nor shall the accused be deprived of life, liberty, or property, unless by the judgment of the accused's peers or by the law of the land.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 8. Prosecution by indictment or information; double jeopardy; just compensation for property.
No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; and no person shall be for the same offense twice put in jeopardy of life or limb; nor shall any person's property be taken or applied to public use without the consent of the person's representatives, and without compensation being made.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 9. Courts shall be open; remedy for injury; suits against State.
All courts shall be open; and every individual for an injury done to the individual’s reputation, person, or movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense. Suits may be brought against this State, according to such regulations as shall be made by law.
60 Del. Laws, c. 519 and 61 Del. Laws, c. 80; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 10. Suspension of laws by General Assembly.
No power of suspending laws shall be exercised but by authority of the General Assembly.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 11. Excessive bail or fines; cruel punishments; health of prisoners.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of prisoners.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 12. Right to bail; access to accused.
(a) All persons, before conviction, shall be bailable by sufficient sureties, except as follows: (1) For capital offenses when the proof is positive or the presumption great. (2) For other felony offenses that the General Assembly expressly prescribes by law when all of the following apply: a. The proof is positive or the presumption great. b. The proof is clear and convincing that no condition or combination of conditions of release will do all of the following: 1. Reasonably assure the person’s appearance at court proceedings. 2. Reasonably assure the protection of the community, victims, witnesses, or any other person. 3. Reasonably maintain the integrity of the judicial process, such that the person will not obstruct or attempt to obstruct justice. c. The law designating a felony offense for which a person is potentially not bailable under this paragraph (a)(2) is enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly. (b) If a law designates a felony offense as potentially not bailable under paragraph (a)(2) of this Section, a law removing that designation must be enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly. (c) When persons are confined before conviction on accusation for any offense, their friends and counsel may, on reasonable conditions, have access to them.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5; 84 Del. Laws, c. 283 and 85 Del. Laws, c. 61;§ 13. Suspension of habeas corpus.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 14. Commission of oyer and terminer, or jail delivery.
No commission of oyer and terminer, or jail delivery, shall be issued.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 15. Corruption of blood; forfeiture; descent of suicide's estate.
No attainder shall work corruption of blood, nor except during the life of the offender forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident no forfeiture shall thereby be incurred.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 16. Right of assembly; petition for redress of grievances.
Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate effect and the influence of example not only to endanger the public welfare and safety, but also in governments of a republican form contravenes the social principles of such governments, founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons entrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrance, or address.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 17. Standing army; necessity for legislative consent; subordination of military.
No standing army shall be kept without the consent of the General Assembly, and the military shall, in all cases and at all times, be in strict subordination to the civil power.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 18. Prohibition against quartering soldiers in homes.
No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war but by a civil magistrate, in manner to be prescribed by law.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 19. Hereditary distinctions; holding office during good behavior; offices and titles from foreign states.
No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behavior; and no person holding any office under this State shall accept of any office or title of any kind whatever from any king, prince, or foreign State.
84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;§ 20. Right to keep and bear arms.
A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
65 Del. Laws, c. 332 and 66 Del. Laws, c. 10; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex.
81 Del. Laws, c. 271 and 82 Del. Laws, c. 1; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;WE DECLARE THAT EVERYTHING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED.