Eleanor Finch
The Pennsylvania Constitution is the state constitution of Pennsylvania. The current Pennsylvania Constitution was adopted in 1968 and has been amended 44 times. Amendments to the constitution are a way of advancing policy by sending decisions to voters in the form of a ballot measure, bypassing the executive branch. The process of amending the constitution does not involve the governor. Instead, proposed amendments, after passing both chambers of the General Assembly consecutively, become referenda that voters can approve or reject in the following election.
| Characteristics | Values |
|---|---|
| Number of amendments since 1968 | 44 (as of 2021) or 46 (as of 2023) |
| Number of amendments rejected by voters since 1968 | 6 |
| Number of amendments proposed since January 2021 | 70+ |
| Number of amendments approved by voters in 2021 | 4 |
| Who can propose an amendment? | Any lawmaker |
| Who decides if an amendment is voted on? | Committee chair |
| What is the voting process? | Simple majority in the committee, then a majority in both chambers of the General Assembly in two consecutive sessions, then a referendum in the following election |
| What happens after the vote? | If the amendment survives any legal challenges, it becomes part of the constitution |
| Who is involved in the process? | The Pennsylvania Department of State, which publicizes the amendment in newspapers and writes the referendum language |
| Who is excluded from the process? | The governor and, according to Democrats, the minority party |
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What You'll Learn
The process of amending the Pennsylvania Constitution
The constitutional amendment must then be introduced in the following session with the exact same language and go through the cycle again — both chambers must pass the amendment in committees and on the floor. Next, at least three months must pass before the amendment can appear on ballots to allow the Department of State enough time to publicise the proposed text. After this step, the amendment appears as a referendum on ballots in the next statewide election. The Department of State writes the language of the referendum, and then voters decide.
If a majority of voters approve an amendment, and it survives any legal challenges, it goes into effect and becomes part of the constitution. Since 1968, voters have rejected only six out of 49 proposed amendments that reached them. Nearly 90% of proposed amendments have been approved by voters since 1968. Many have been put in front of voters in off-year elections, which typically have lower turnouts.
Since the latest two-year session began in January 2021, Democratic and Republican legislators have proposed more than 70 changes to the state constitution. Two amendments could be on the ballot this year: one would eliminate statewide elections for Pennsylvania's appellate judges and give the legislature the power to draw regional districts, and the other would eliminate the separate ballot for judicial retention elections.
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The role of lawmakers in proposing amendments
Any lawmaker in Pennsylvania can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it to a vote. If a simple majority in the committee votes for the amendment, it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it entails to the Pennsylvania Constitution in at least two newspapers in each county. However, this is only the first half of the process.
The constitutional amendment must then be reintroduced in the following session with the exact same language and go through the cycle again. Both chambers must pass the amendment in committees and on the floor. Next, at least three months must pass before the amendment can appear on the ballots to allow the Department of State enough time to publicize the proposed text. After this step, the amendment appears as a referendum on ballots in the next statewide election.
The Department of State writes the language of the referendum, and then voters decide its fate. Once an amendment is placed on the ballot, it has a high chance of succeeding. Nearly 90% of proposed amendments have been approved by voters since 1968. Since 1968, the year Pennsylvania’s current constitution went into effect, voters have rejected only six of 49 proposed amendments that reached them. Many have been put in front of voters in off-year elections, which typically have lower turnouts.
The process of amending the Pennsylvania Constitution has become a tool of choice for Republican lawmakers seeking to enact policy and avoid the governor’s veto. Last year, the legislature sent voters several proposals, all of which received approval. Two limited the governor’s power to declare and sustain a state of emergency, and the other enshrined protection against discrimination based on race in Pennsylvania.
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Voter approval and the likelihood of success
Amending the Pennsylvania Constitution is a lengthy process that requires passage in two legislative sessions, advertising by the Department of State, and, ultimately, voter approval.
Once the state House and Senate have both passed an amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it would make to the Pennsylvania Constitution in at least two newspapers in each county. The amendment must then be reintroduced in the following session with the exact same language and go through the cycle again. Both chambers must pass the amendment in committees and on the floor. Next, at least three months must pass before the amendment can appear on ballots to allow the Department of State enough time to publicise the proposed text. After this step, the amendment appears as a referendum on ballots in the next statewide election, and voters decide its fate.
Since 1968, voters have approved all but six of the 49 proposed amendments that reached them. Amendments that reach the voters have a high chance of success. This is partly because they tend to be proposed during off-cycle years, which typically see lower voter turnout. Only 14 of the 49 ballot questions appeared during presidential or gubernatorial election years, which usually see higher turnouts.
The multiyear process of amending the Pennsylvania Constitution has become the tool of choice for Republican lawmakers seeking to enact policy and avoid the governor's veto. For example, in 2020, Pennsylvania Republicans grew deeply frustrated with the normal legislative process after Democratic Gov. Tom Wolf vetoed several of their attempts to roll back decisions his administration made during the pandemic. Their solution was to pursue constitutional amendments, which advance policy by sending decisions to voters in the form of a ballot measure, thereby circumventing the executive branch.
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The impact of amendments on policy and governance
The process of amending the Pennsylvania Constitution has become a tool for Republican lawmakers to implement policy and prevent the governor's veto. This has led to a significant impact on policy and governance, with some amendments being more influential than others.
One notable example is the amendment that limited the governor's power to declare and sustain a state of emergency. This amendment shifted the balance of powers within the state government, reducing the executive branch's authority and increasing the legislature's influence over emergency measures. Another amendment with a significant impact on governance is the one that enshrined protection against racial discrimination in Pennsylvania. This amendment strengthened civil rights protections and outlined the state's commitment to equality, potentially influencing policy decisions and legal interpretations in areas such as housing, employment, and criminal justice.
Additionally, proposed amendments that aim to change the election process for Pennsylvania's appellate judges and eliminate separate ballots for judicial retention elections could have a profound impact on the state's judicial system. Critics have warned that these amendments could lead to judicial gerrymandering and reduce the independence of the judiciary.
The frequency and nature of constitutional amendments have also sparked debates about the role of the legislature and the importance of checks and balances. Good-government groups have criticized the legislature for its frequent use of constitutional amendments, arguing that it sidesteps the normal legislative process and limits opportunities for bipartisan collaboration. On the other hand, supporters of these amendments argue that they provide a direct avenue for advancing policy and bypassing a potentially obstructive executive branch.
Overall, the amendments to the Pennsylvania Constitution have had a significant impact on policy and governance, shaping the state's framework, influencing power dynamics, and affecting specific areas such as civil rights and the judicial system. The process of amending the constitution has become a strategy for lawmakers to advance their agendas and make lasting changes to the state's foundational document.
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The potential for controversy and criticism
Amending the Pennsylvania Constitution is a slow, multiyear process that does not involve the governor. Instead, any lawmaker can introduce a proposed constitutional amendment, which must pass both chambers of the General Assembly in two consecutive sessions. Once passed, the amendment becomes a referendum that voters can approve or reject in the following election. If a majority of voters approve it, and it survives any legal challenges, it becomes part of the constitution.
This process has the potential for controversy and criticism, as it can be used to advance policy decisions that circumvent the executive branch and the normal legislative process. For example, in 2020, Pennsylvania Republicans used this process to propose amendments that rolled back decisions made by the Democratic governor during the pandemic, such as closing businesses and implementing a mask mandate. Similarly, Republicans have proposed amendments to limit the governor's power to declare and sustain a state of emergency and to expand voter ID requirements, which Democrats have criticised as shutting them out of legislative conversations.
Additionally, the frequent use of constitutional amendments has been criticised by good-government groups as a strategy that sidesteps checks and balances. The process can also lack transparency, making it difficult to track proposed changes as they move through the legislative process. This lack of transparency can lead to criticism and controversy, as the public may not be fully informed about the potential implications of the amendments.
Furthermore, there is a potential for controversy when amendments are struck down after being approved by voters. While the approval rate for amendments is high, with only six out of 49 proposed amendments rejected by voters since 1968, the state Supreme Court has the power to rule that an amendment is unconstitutional and prevent it from being added to the constitution. This can create a situation where voters' decisions are overruled, potentially leading to criticism and controversy.
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Frequently asked questions
Any lawmaker can introduce a constitutional amendment, but the chair of the committee it is referred to must agree to bring it up for a vote. If a simple majority in the committee votes for the amendment, then it moves to the floor of that chamber for consideration. The other chamber must then repeat the same steps. Once the state House and Senate have both passed the amendment, the Pennsylvania Department of State advertises the exact language of the amendment and the changes it intends to make. The amendment must then be introduced in the following session with the exact same language and go through the cycle again. After this step, the amendment appears as a referendum on ballots in the next statewide election.
The process involves lawmakers, the state House and Senate, the Pennsylvania Department of State, and voters.
The process of amending the Pennsylvania Constitution is slow and can take multiple years.
The current Pennsylvania Constitution was adopted in 1968 and has been amended 44 times as of 2021. Since 1969, voters have approved 46 amendments, but the state Supreme Court ruled that two of these were unconstitutional.
