Malcolm Rivera
The Constitution of Pennsylvania is the supreme law within the Commonwealth of Pennsylvania. Since 1776, Pennsylvania's Constitution has undergone five versions, with the current version entering into force in 1968. The Constitution may 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. Some of the provisions of the Pennsylvania Constitution include the power of the Legislature to classify counties, cities, boroughs, school districts, and townships according to population, the abolition of courts of common pleas in multi-county judicial districts as separate courts, and the right of the people to clean air, pure water, and the preservation of the natural, scenic, historic and aesthetic values of the environment. The constitution also includes provisions on judicial matters and the powers of the General Assembly.
| Characteristics | Values |
|---|---|
| Courts | The Superior Court shall consist of no less than seven judges, with one judge acting as president. |
| The Supreme Court has the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of peace and all officers serving process or enforcing orders. | |
| The offices of prothonotary and register of wills in Philadelphia are no longer considered constitutional offices, but their powers remain. | |
| If a community court is established in Philadelphia, a judge of the municipal or traffic court may complete their term with the same jurisdiction and compensation. | |
| Religion | Laws for the encouragement of virtue and prevention of vice and immorality shall be made and kept in force. |
| Religious societies or bodies of men united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be protected in the enjoyment of their privileges, immunities and estates. | |
| The people of the Commonwealth of Pennsylvania are grateful to Almighty God for the blessings of civil and religious liberty. | |
| Other | The General Assembly may enact laws to provide that the findings of panels or commissions for the adjustment or settlement of grievances or disputes for collective bargaining between policemen and firemen and their public employers shall be binding upon all parties. |
| No duties shall be imposed by law upon the Supreme Court or any of the justices thereof or the Superior Court or any of the judges thereof, except such as are judicial. | |
| No justice, judge or justice of the peace against whom impeachment proceedings are pending in the senate shall exercise any of the duties of office until acquittal. | |
| Upon the filing of formal charges with the court by the board, the court shall promptly schedule a hearing or hearings to determine whether a sanction should be imposed against a justice, judge or justice of the peace. | |
| The provisions of section 7 relating to criminal libel were declared unconstitutional by the Supreme Court of Pennsylvania. |
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What You'll Learn
The right to clean air and pure water
Article 1, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment, guarantees the people of Pennsylvania "the right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment." This amendment was added to the state constitution in 1971 through the efforts of a young legislator named Franklin Kury and other environmental advocates.
The Environmental Rights Amendment establishes that Pennsylvania's public natural resources are the common property of all its citizens, including future generations. It designates the Commonwealth as the trustee of these resources, responsible for conserving and maintaining them for the benefit of all. This amendment ensures that the government neither infringes upon the people's right to a clean environment nor fails to act for their benefit in this crucial area.
The Environmental Rights Amendment has had a significant impact on legal decisions related to environmental protection in Pennsylvania. For instance, in the case of Robinson Twp. v. Commonwealth in 2013, the Pennsylvania Supreme Court ruled in favour of Robinson Township, which had challenged Act 13 of 2012 that restricted local governments' ability to regulate the oil and gas industry. This case demonstrated how the amendment empowers citizens and local governments to hold the Commonwealth accountable for protecting their right to a clean and healthy environment.
Despite the strong support for the Environmental Rights Amendment among Pennsylvania citizens and its potential to shape environmental policy, there is still ongoing discussion and interpretation of what it means in practice. As human activities, such as gas development and fracking, often cause environmental disruption, businesses and developers are seeking to understand how to balance their operations with this constitutional right.
The Environmental Rights Amendment in Pennsylvania has also influenced other jurisdictions, as it was added during a wave of global constitutional recognition of environmental rights. Since the 1970s, approximately three-quarters of the world's countries have included some mention of environmental quality in their constitutions, highlighting the growing importance of this issue worldwide.
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Equality of rights regardless of sex, race, and ethnicity
The Pennsylvania Constitution's Declaration of Rights includes provisions for equality of rights regardless of sex, race, and ethnicity. This was added to the constitution as a legislatively referred constitutional amendment in May 2021, known as Pennsylvania Question 3 or the Equal Rights Regardless of Race or Ethnicity Amendment. The ballot measure was introduced by Senator Vincent Hughes, who argued that:
> Discrimination based on race is cooked into the DNA of this nation and we must take action to explicitly prohibit racial and ethnic discrimination in Pennsylvania’s Constitution. It’s reflected in our long and troubling history in Pennsylvania, our nation’s foundational documents, our education system, our lending practices, housing access, health care, hiring and how we police. We need additional protections based on that history and the reality in this nation right now.
The amendment states that:
> Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.
And
> Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the race or ethnicity of the individual.
The Pennsylvania Constitution also includes a provision stating that "All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness."
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The powers of the General Assembly
The General Assembly is the legislative branch of the Pennsylvania government. The powers of the General Assembly are outlined in the Pennsylvania Constitution, which has undergone five versions since 1776. The current Constitution, in force since 1968, can 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 with a two-thirds vote of the General Assembly and an affirmative vote by the electorate within one month.
The General Assembly has the power to make appropriations of money to institutions supporting widows and orphans of those who served in the armed forces. It can also authorise the increase of retirement allowances or pensions of members of a retirement or pension system.
The General Assembly may classify counties, cities, boroughs, school districts, and townships according to population. It can also pass laws relating to each class and regulate procedure and proceedings in court. The General Assembly may not delegate to any special commission, private corporation, or association any power to interfere with municipal improvements, money, property, or effects.
The General Assembly also has the power to determine the jurisdiction of any court or justice of the peace, except the Supreme Court. It can also pass laws for the encouragement of virtue and the prevention of vice and immorality.
The Pennsylvania Constitution grants the General Assembly broad powers to govern the state, but these powers are ultimately subordinate to the Constitution itself.
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The Supreme Court's authority
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania. The Pennsylvania Constitution is the supreme law within the Commonwealth, and the Supreme Court is tasked with upholding it.
The Supreme Court has the power to prescribe general rules governing practice, procedure, and the conduct of all courts, justices of the peace, and all officers serving process or enforcing orders, judgments, or decrees of any court of justice of the peace. This includes the power to assign and reassign classes of actions or appeals among the several courts as the needs of justice require. The Supreme Court also has the power to admit individuals to the bar and to practice law, as well as to administer and supervise all officers of the judicial branch. These rules must be consistent with the Constitution and must not abridge, enlarge, or modify the substantive rights of any litigant. Additionally, the Supreme Court cannot suspend or alter any statute of limitations or repose.
The Pennsylvania Constitution also outlines the duties and responsibilities of justices, judges, and justices of the peace. For example, no duties shall be imposed on the Supreme Court or its justices other than judicial duties, nor shall they exercise any power of appointment except as provided in the Constitution. Furthermore, no justice, judge, or justice of the peace against whom impeachment proceedings are pending in the senate shall exercise any duties of office until acquittal.
The Supreme Court also has the authority to review and decide on formal charges filed against a justice, judge, or justice of the peace by the Judicial Conduct Board. The court is required to schedule a hearing to determine whether sanctions should be imposed, and these hearings are to be public proceedings conducted according to the rules of due process and the law of evidence.
The Pennsylvania Constitution has undergone five versions since 1776, with the current Constitution entering into force in 1968 and 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.
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The abolition of courts of common pleas in multi-county judicial districts (and the related rights of justices of the peace)
The Pennsylvania Constitution establishes a unified judicial system, which includes the Supreme Court, the Superior Court, the Commonwealth Court, courts of common pleas, community courts, municipal courts in Philadelphia, and justices of the peace.
The Constitution specifically addresses the abolition of courts of common pleas in multi-county judicial districts. These courts are no longer separate entities but are instead established as branches of a single court of common pleas in each judicial district. This change ensures that each district has its own court of common pleas, operating under the direction of the Supreme Court.
In the transition to this new structure, the Constitution outlines provisions for justices of the peace. When a community court is established in a judicial district, a sitting justice of the peace may complete their term, exercising their jurisdiction and receiving the associated compensation. However, upon the completion of their term, the office of the justice of the peace is abolished in that district. Any judicial functions previously performed by a justice of the peace will then be handled by the community court.
It is important to note that these provisions do not prevent a present justice, judge, or justice of the peace from completing their term of office. This allows for a smooth transition to the new judicial structure.
Additionally, the Constitution grants the Supreme Court and the courts of common pleas the authority to establish magisterial districts within each judicial district. These districts are determined based on population and population density, and the justices of the peace within them are elected. The Constitution also outlines the financial aspects of these positions, stating that justices of the peace shall not retain any fines, costs, or other sums related to their judicial duties but shall remit them to the appropriate entity, such as the Commonwealth or a municipal subdivision.
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Frequently asked questions
The Constitution of Pennsylvania is the supreme law within the Commonwealth of Pennsylvania. All acts of the General Assembly, the governor, and each governmental agency are subordinate to it.
The people of Pennsylvania have a right to clean air and pure water. They also have a right to the preservation of the natural, scenic, historic and aesthetic values of the environment. Equality of rights under the law cannot be denied or abridged because of sex, race or ethnicity.
The Pennsylvania Constitution grants the Supreme Court the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of the peace and all officers serving process or enforcing orders. It also states that no duties shall be imposed by law upon the Supreme Court or any of the justices, except such as are judicial.
The General Assembly is prohibited from delegating any power to make, supervise or interfere with any municipal improvement, money, property or effects to any special commission, private corporation or association. The Assembly does, however, have the power to classify counties, cities, boroughs, school districts, and townships according to population.
