Page 5 - Delaware Lawyer - Fall 2021

EDITORS’ NOTE
The Delaware Constitution of 1897 is the foundational law of our State, establishes the structure of our gov- ernment and is the most difficult law in our State to amend. Yet, it is typically only in the background for most Delaware lawyers. The Delaware Lawyer has never had an edition dedicated to it...until now. Why now? Because in the past two years the Delaware Constitution has made it into the headlines. The con- stitutionality of the judicial-nomination requirements in Section 3 of Article IV was before the United States Supreme Court in December 2020, when that Court ruled that the Plaintiff lacked standing to bring the challenge. And the clause of the Constitution requiring the creation of a public school system became the basis for litigation and a settlement that resulted in the General Assembly increasing funding for the education
of disadvantaged students in 2021. Hence, we thought the Constitution deser ved some attention.
This edition begins with an overview of the Delaware Constitution by its most eminent student — former Delaware Supreme Court Justice Randy Holland — who explains how it differs from the United States Constitution in many ways, including the right to bear arms. Lisa Goodman — who has been a ground- breaking leader in the fight for equal rights under Delaware law — examines the history and future of the equal protec- tion clause in the Delaware Constitution, including its absence from that Constitu- tion until 2019 and current proposals to expand its protection. Barry Willoughby and Elisabeth Bradley — who defended the State in the education case referenced above — provide a history of that case and an explanation of the decision by Vice
Chancellor Laster that laid the foundation for a mediated settlement before Vice Chancellor Slights. Danielle Gibbs — Chief Legal Counsel to Gov. Carney — provides a tour of the budgeting process that controls all of Delaware government, starting with the balanced-budget provi- sions of the Constitution and ending with a budget “smoothing” executive order by Gov. Carney. Finally, Michael Hanra- han — a leading corporate lawyer in the State and the author of numerous articles on the history of the Delaware corporate law — explains how the Constitution laid the foundation for the corporate law that helps generate revenue for the budget the General Assembly is required to balance.
We are proud to present these authors’ informative insights.
Thomas L. Ambro David C. McBride
Thomas L. Ambro and David C. McBride
Join Us!
The Delaware Bar Foundation funds and promotes programs that improve the administration of justice in Delaware, enhance public respect for the law and foster knowledge of citizenship rights and responsibilities.Visit our updated website to learn essential information about IOLTA and our community grants program that this year includes:
Supporting a program to educate teens and foster positive interactions with law enforcement
Funding a teacher-guided summer reading program for high school students in Sussex County
Paying expungement application expenses for qualifying Delawareans
Granting funds for a trial advocacy institute for Delaware public interest attorneys
Funding an updated pro bono website for volunteers of Delaware Volunteer Legal Services
Administering www.DELegalHelpLink.org
— a website to guide those in need of civil legal services
VISIT WWW.DELAWAREBARFOUNDATION.ORG
& CLICK DONATE. THANK YOU!
FALL 2021 DELAWARE LAWYER 3