2. The delegates from the colony’s three counties met in late August 1776 & put together a full constitution, with a full declaration of rights, in less than a month’s time. Much of it was taken from the old colonial government docs, but there were some changes.pic.twitter.com/uq0bBNE9MQ
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3. A bi-cameral legislature chose the executive, titled a “president” & assisted by a privy council. Only property holders could vote & only trinitarians could serve in the legislature. The dec of rights protected, among other things, the press, independent judges & revolution.pic.twitter.com/4UgvTGE4EH
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4. The initial constitution lasted through when Delaware became the “First State” to ratify the U.S. variety (Fifth state to have a constitution of its own, if you’re counting), but made way in 1792 for a new version.pic.twitter.com/yc8imHiw2p
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5. The new constitution was a lot like Pennsylvania’s new constitution from 1790. This is not surprising, because delegate John Dickinson—a “founding father” of both states, who had served in various governmental roles for both—was a delegate at PA’s recent convention as well.pic.twitter.com/9zqaJbeugL
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6. The 1792 constitution had a stronger “governor,” took out the trinitarian requirement, & redid the courts quite a bit. It added a new “Court of Chancery,” something that today’s corporate lawyers are good friends with.pic.twitter.com/wjafKGvqh7
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7. Oddly, Chancery was not created for law students & the casebook industry, but b/c the delegates had a man in mind to serve as chief justice of the highest court, but didn’t want to force out the former occupant. So he became the Chancellor.pic.twitter.com/33t5ypTBBg
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8. Sooner rather than later, folks were dissatisfied with the new constitution, mostly because of the lack of a requirement that judges have legal training. So after many failed attempts, another convention was held in 1831.pic.twitter.com/JPwQl9PLPB
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9. The new convention—which featured battles between Jacksonians and “anti-Jacksonians” (not an uncontroversial President Andrew was)—was a modest modification of the older version. It reorganized the courts, but didn’t require judges have the hoped-for training.
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10. Another thing the 1831 Constitution did is make it very hard to call a new convention. The people voted for one in 1852, but didn’t reach the needed supermajority. But, the legislature went ahead and approved a convention anyway!pic.twitter.com/8q0yyKJjfp
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11. This “extra-legal” convention met and banged-out a constitution, but it was rejected by the voters. A fickle lot they are, I tell you.pic.twitter.com/jkMrv5khWJ
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12. Years later a solution was found: amend the process for calling a convention. (Why they didn’t think of that before, I’m not sure.) Once that was done a convention was quickly allowed, which then began meeting in December 1896.pic.twitter.com/Bccszgilae
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13. This convention brought the constitution up to date, with a longer version talking issues of the age into account, including railroads. It also addressed apportionment, given the population growth in New Castle county (the state has only 3 counties, btw).pic.twitter.com/M0BqExh3O5
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14. One failed attempt at the 1897 convention was women’s suffrage. That would have to wait until the 19th Amendment in 1920.
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15. Sources: Randy Holland, The Delaware State Constitution (2017); https://avalon.law.yale.edu/18th_century/de02.asp … https://courts.delaware.gov/chancery/history.aspx …
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