Delaware Law Article XV- MISCELLANEOUS
Delaware Constitution – Article XV: Miscellaneous
📘 Overview:
Article XV of the Delaware Constitution is titled “Miscellaneous”, and it covers a range of provisions that don’t fall under more specific constitutional categories. These include rules for holding office, oath requirements, public accountability, and procedures for constitutional amendments and publication.
This article contains 11 sections, each dealing with a different topic.
🔑 Section-by-Section Summary:
Section 1 – Officers Continue Until Successors Qualify
Any public officer continues to serve until a successor is duly qualified, even after their term technically ends.
Section 2 – Vacancy in Office
Outlines how vacancies in public offices are to be filled by the Governor, unless otherwise specified.
Section 3 – Oath of Office
Every person elected or appointed to office must take an oath (or affirmation) to support the Constitution of the U.S. and the State of Delaware, and faithfully discharge duties.
Section 4 – Impeachment Not Exclusive
Clarifies that impeachment is not the only means of removing an official; other disciplinary actions or procedures may apply.
Section 5 – Disqualification from Office
Anyone convicted of embezzlement or bribery while in public office is barred from holding future office in Delaware.
Section 6 – Bribery and False Swearing
False swearing or bribery related to public office is punishable by law, and may result in disqualification from office.
Section 7 – Publication of Laws
The General Assembly must publish laws passed in each session for public access and transparency.
Section 8 – Gender and Plural Language
Words like "he" or "man" in the Constitution include all genders; singular includes plural and vice versa unless context requires otherwise.
Section 9 – Military Service
Members of the militia or armed forces are not disqualified from holding public office.
Section 10 – Effective Date of Amendments
Any constitutional amendment becomes effective on the date of the second legislative approval, unless another date is specified.
Section 11 – Special Legislative Sessions
Allows for special sessions of the General Assembly to be called by the Governor, stating the purpose in writing.
⚖️ Importance of Article XV:
Administrative clarity: Ensures smooth transitions, continuity, and clear legal obligations.
Ethical standards: Reinforces public accountability and consequences for corruption.
Inclusivity and modernity: Gender-neutral interpretation reflects evolving social norms.
Legal transparency: Promotes access to law and good governance.
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