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Constitutional law

state constitutions

Each state has its own constitution, which generally creates the legislative, executive, and judicial branches of state government; defines and limits the powers of these branches; and identifies fundamental rights of its citizens. A state’s constitution often defines and limits the state’s power to tax its citizens, and provides for the education of its citizens through public schools.

In Delaware, as in other states, the state constitution is the supreme law of the state, subject to the constraints of the federal constitution. The Delaware Constitution establishes the framework for the state government, which includes the legislative branch (General Assembly), the executive branch (headed by the Governor), and the judicial branch (Delaware courts). It outlines the powers and duties of each branch and includes checks and balances to ensure no single branch becomes too powerful. The Delaware Constitution also enshrines the rights of its citizens, which may expand upon the rights guaranteed by the U.S. Constitution. Regarding taxation, the state constitution provides the authority and limitations for the state's power to tax its citizens. Additionally, the Delaware Constitution contains provisions for the establishment and maintenance of a system of free public schools, ensuring the right to education for its residents. Amendments to the state constitution can be proposed by the General Assembly and must be approved by a majority of voters in a general election.

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What to Know Before Moving States: Understanding Different State Laws

Moving states is a significant life decision that requires careful consideration and planning, but often, the legal considerations of moving states get overlooked.

Constitutional law

state constitutions

Individual & Family Legal Plan

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Delaware State Code

Constitutional law

state constitutions

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