Delaware Law And Government

Delaware's fourth and current constitution, adopted in 1897, provides for executive, judicial and legislative branches.

Delaware General Assembly consists of a House of Representatives with 41 members and a Senate with 21 members. It sits in Dover, the state capital. Representatives are elected to two-year terms, while senators are elected to four-year terms. The Senate confirms judicial and other nominees appointed by the governor.

The Delaware Constitution establishes a number of courts:

• The Delaware Supreme Court is the state's highest court.
• The Superior Court of Delaware is the state's trial court of general jurisdiction.
• The Court of Chancery deals primarily in corporate disputes.
• The Family Court handles domestic and custody matters.
• The Court of Common Pleas has jurisdiction over a limited class of civil and criminal matters.

Minor non-constitutional courts include the Justice of the Peace Courts and Aldermen's Courts.

Significantly, Delaware has one of the few remaining Courts of Chancery in the nation, which has jurisdiction over equity cases, the vast majority of which are corporate disputes, many relating to mergers and acquisitions. The Court of Chancery and the Supreme Court have developed a worldwide reputation for rendering concise opinions concerning corporate law which generally (but not always) grant broad discretion to corporate boards of directors and officers. In addition, the Delaware General Corporation Law, which forms the basis of the Courts' opinions, is widely regarded as giving great flexibility to corporations to manage their affairs. For these reasons, Delaware is considered to have the most business-friendly legal system in the United States; therefore a great number of companies are incorporated in Delaware, including 60% of the companies listed on the New York Stock Exchange.[16]

The executive branch is headed by the Governor of Delaware. The present governor is Ruth Ann Minner (Democrat), who was elected as the state's first female governor in 2000. The lieutenant governor is John C. Carney, Jr.. Delaware's U.S. Senators are Joseph R. Biden, Jr. (Democrat) and Thomas R. Carper (Democrat). Delaware's single US Representative is Michael N. Castle (Republican).

Delaware has three counties: Kent County, New Castle County, and Sussex County. Each county elects its own legislative body (known in New Castle and Sussex counties as County Council, and in Kent County as Levy Court), which deal primarily in zoning and development issues. Most functions which are handled on a county-by-county basis in other states — such as court and law enforcement — have been centralized in Delaware, leading to a significant concentration of power in the Delaware state government. The counties were historically divided into hundreds, which were used as tax reporting and voting districts until the 1960s, but now serve no administrative role, their only current official legal use being in real-estate title descriptions.[17]

The Democratic Party holds a plurality of registrations in Delaware. Until the 2000 Presidential election, the state tended to be a Presidential bellwether, sending its three electoral votes to the winning candidate for over 50 years in a row. Bucking that trend, however, in 2000 and again in 2004 Delaware voted for the Democratic candidate. In the controversial 2000 election Delaware voted with the winner of the popular vote, Al Gore, who subsequently lost the Electoral Vote to George W. Bush (see United States Presidential Election, 2000 for more information.) John Kerry won Delaware by eight percentage points with 53.5% of the vote in 2004.

Historically, the Republican Party had an immense influence on Delaware politics, due in large part to the wealthy du Pont family. Ralph Nader assembled a working group to investigate ties between Delaware's politicians and industrialists, resulting in a book published in 1968 entitled The Company State. As DuPont's political influence has declined, so has that of the Delaware Republican Party. The Democrats have won the past four gubernatorial elections and currently hold seven of the nine statewide elected offices (Governor, Lieutenant Governor, Treasurer, Insurance Commissioner, Attorney General, and two U.S. Senators), while the Republicans hold the remaining two (the state's at-large House seat and the office of Auditor). However, this belies the fact that the Democratic Party gains most of its votes from heavily-developed New Castle County, whereas the lesser-populated Kent and Sussex Counties vote Republican.