Delaware Law Article VI- IMPEACHMENT AND TREASON
Delaware Constitution – Article VI: Impeachment and Treason
📜 Overview:
Article VI of the Delaware Constitution deals with the procedures for impeachment, defines treason, and outlines the process for trying public officials accused of serious misconduct.
🔍 Section-by-Section Summary:
§ 1 – Power of Impeachment
The House of Representatives has the sole power to impeach state officers.
A majority vote is required to pass articles of impeachment.
§ 2 – Trial of Impeachment
All trials of impeachment are held in the Senate.
Senators must be under oath or affirmation during the trial.
A conviction requires a vote of two-thirds of all members elected to the Senate.
§ 3 – Officers Subject to Impeachment
The Governor and all civil officers of the state are subject to impeachment.
Grounds for impeachment include:
Misconduct in office
Crimes
Misdemeanors
§ 4 – Penalties Upon Conviction
Judgment in impeachment cases is limited to:
Removal from office
Disqualification from holding future office
However, the person remains liable to criminal prosecution in the courts for the same offense.
§ 5 – Definition of Treason
Treason against the state is defined as:
Levying war against the state
Adhering to its enemies, giving them aid and comfort
A person can only be convicted of treason if:
There is testimony from two witnesses to the same overt act, or
The person confesses in open court.
✅ Key Takeaways:
Impeachment is a legislative process: the House accuses, the Senate tries.
Applies to state officials, including the Governor.
Conviction requires a 2/3 Senate vote and can only result in removal or disqualification, not criminal punishment.
Treason has a very high burden of proof, reflecting its seriousness.
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