Simone Lawson
The Pennsylvania Constitution is the supreme law within the Commonwealth of Pennsylvania. Since 1776, Pennsylvania's Constitution has undergone five versions. The current Pennsylvania Constitution was adopted in 1968 and has been amended 44 times. The Constitution may only be amended if a proposed modification receives a majority vote of two consecutive sessions of the General Assembly and is then approved by the electorate. In this article, we will explore the history of the Pennsylvania Constitution, the process of amendment, and the key provisions outlined in the current version.
| Characteristics | Values |
|---|---|
| Number of versions of the PA Constitution | 5 |
| First version | 1776 |
| Second version | 1790 |
| Third version | 1838 |
| Fourth version | 1874 |
| Current version | 1968 |
| Number of amendments to the current version | 44 |
| Date of the last amendment | May 18, 2021 |
| Number of sections in Article III (Legislation) | 32 |
| Number of sections in Article IV (The Executive) | 19 |
| Number of sections in Article VI (Public Officers) | 7 |
| Number of sections in Article VII (Elections) | 14 |
| Number of sections in Article VIII (Taxation and Finance) | 17 |
| Number of votes required for voters to approve constitutional amendments | Simple majority (50% plus 1) |
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What You'll Learn
The Pennsylvania Constitution of 1776
The Pennsylvania Constitution, prefaced by a Preamble and Declaration of Rights, followed the Virginia model of declaring a bill of rights before articulating the kind of republican government that would be established. The Pennsylvania Bill of Rights was almost identical to that of Virginia, as noted by John Adams. However, it is important to note that Pennsylvania emphasised a "firm adherence to justice, moderation, temperance, industry, and frugality".
The Constitution of 1776 also included a section on the rights of the printing press and freedom of speech. It stated that the printing press shall be free for all to examine the proceedings of the Legislature or any branch of the government. Additionally, it emphasised the freedom of speech and opinion, with the responsibility of citizens to not abuse this liberty.
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The Constitution's amendments
The Pennsylvania Constitution is the supreme law within the Commonwealth of Pennsylvania, and all acts of the General Assembly, the governor, and each governmental agency are subordinate to it. Since 1776, Pennsylvania's Constitution has undergone five versions. The current Constitution, formed in 1968, has been amended numerous times. The Constitution may only be amended if a proposed modification receives a majority vote of two consecutive sessions of the General Assembly and is then approved by the electorate. Emergency amendments are permitted by a two-thirds vote of the General Assembly and an affirmative vote by the electorate within a month.
The first Pennsylvania Constitution was passed on September 28, 1776, and signed by Benjamin Franklin. It was influenced by the language of the Stamp Act Congress, the First Continental Congress, and the Declaration of Independence. The document proclaimed the rights of citizens and expanded the voting franchise to all tax-paying free men. It also established a unicameral legislature with members elected to one-year terms, and a twelve-member Supreme Executive Council to administer the government. A Council of Censors was created to evaluate the government's activities and censure any actions deemed to violate the Constitution.
The second Pennsylvania Constitution was adopted in 1790. Prior to the adoption of this Constitution, the colonial Province of Pennsylvania was governed for a century by a book titled "Frame of Government," written by William Penn, of which there were four versions: 1682, 1683, 1696, and 1701.
The third and fourth Pennsylvania Constitutions were adopted in 1838 and 1874, respectively. The fifth and current Pennsylvania Constitution was formed in 1968 and has been amended 44 times. Voters last approved a new amendment on May 18, 2021, when four constitutional amendments were approved.
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The legislative process
The Pennsylvania Constitution has undergone five versions since 1776. The state has held constitutional conventions in 1776, 1789–90, 1837–38, 1872–73, and 1967–68. The current Constitution, which has been amended numerous times, entered into force in 1968.
Emergency amendments are permitted by a vote of two-thirds of the General Assembly and an affirmative vote by the electorate within one month. In such cases, commonwealth election officials are required to publish notice of the referendum on a proposed amendment in a minimum of two newspapers in every county.
The Pennsylvania Constitution also provides for a mechanism for amending the state's constitution through a Council of Censors. This council, whose members were to be elected every seven years, would conduct an evaluation of the government's activities and "censure" those actions that were deemed to have violated the Constitution. Any changes to the Constitution could only be made through this council. However, this mechanism does not appear to be in current use.
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The role of the General Assembly
The Pennsylvania Constitution has undergone five versions since 1776. The General Assembly plays a crucial role in the constitutional process and the functioning of the state government. The General Assembly is responsible for enacting laws and passing bills that are subordinate to the Constitution. It is composed of two Houses: the Senate and the House of Representatives.
The Senate, as part of the General Assembly, has several important duties. Firstly, they elect one of their members as President pro tempore, who steps in for the Lieutenant Governor in cases of absence or disability. The Senate also has the power to choose its officers and judge the election and qualifications of its members.
The House of Representatives, the other chamber of the General Assembly, also elects a Speaker from among its members. This chamber plays a key role in the legislative process, with a majority constituting a quorum for passing legislation.
The General Assembly has the authority to provide for the compensation of public servants, including members of the Assembly, through fixed salaries and mileage reimbursements. They are responsible for ensuring that no extra compensation is granted to any public officer, servant, employee, agent, or contractor after services have been rendered. However, they are permitted to authorize increases in retirement allowances or pensions for members of a retirement or pension system.
Additionally, the General Assembly has the power to enact laws that provide for the binding resolution of grievances, disputes, or collective bargaining between policemen, firemen, and their public employers. This includes mandating action from the relevant political subdivisions or the Commonwealth to implement the findings of panels or commissions.
The Pennsylvania Constitution also guarantees freedom of the press and the right to free communication of thoughts and opinions. It ensures that every citizen may freely speak, write, and print on any subject, while also holding them responsible for any abuse of this liberty.
The General Assembly plays a vital role in amending the Constitution. A proposed modification must receive a majority vote in two consecutive sessions of the General Assembly and then be approved by the voters. In emergency situations, a two-thirds vote of the General Assembly and subsequent voter approval within one month can enact constitutional changes.
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The Council of Censors
Despite this negative view, the Council of Censors was a remarkably innovative institution, the first designed to enforce a written constitution. It predated the Supreme Court's assumption of the power of constitutional judicial review in 1803. The Council's existence points to a debate in the early republic about the nature of constitutional guardianship, in which the Council and Pennsylvania's radical constitution played a central role.
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Frequently asked questions
The Pennsylvania Constitution has gone through five versions since 1776.
The first version of the Pennsylvania Constitution was established in 1776.
The current version of the Pennsylvania Constitution was adopted in 1968 and has been amended numerous times since.
