Jeffrey S. Christopher, Below v. Sussex County, a Political Subdivision of the State of Delaware Michael H. Vincent…

Summary

The Court held that the General Assembly may not abolish a constitutional office or remove its core duties without amending the Delaware Constitution. It nevertheless held that a sheriff's common-law power to arrest in criminal cases was incidental, rather than fundamental, to the constitutional office because Delaware sheriffs historically functioned primarily as officers assisting the courts. The statute eliminating that arrest power was therefore constitutional, and the Superior Court's judgment was affirmed.