Omar Bennett
Pennsylvania's Constitution has been amended several times since it came into effect in 1968, with voters approving numerous changes. The process of amending the Constitution is lengthy and cumbersome, but it allows lawmakers to enact policies and bypass the governor's veto. Recently, six proposed amendments have stalled and are unlikely to receive the legislative votes needed to reach voters. Two amendments that limit the governor's emergency powers were approved, but other proposals, such as extending the statute of limitations for survivors of childhood sexual abuse, face challenges. Critics have also warned of potential negative consequences, such as judicial gerrymandering, from certain amendments.
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What You'll Learn
- The governor's power to declare a state of emergency is limited
- Protection against discrimination based on race is enshrined in law
- The statute of limitations for survivors of childhood sexual abuse is extended
- The state constitution does not provide for a legal right to an abortion
- The legislature gains the power to draw regional districts
The governor's power to declare a state of emergency is limited
The governor's power to declare a state of emergency in Pennsylvania is limited by a recent constitutional amendment, which has raised concerns about potential damage to the state's disaster response capabilities. This amendment restricts the governor's ability to act unilaterally during emergencies, potentially hindering their capacity to respond swiftly and effectively to crises.
The amendment imposes a 21-day time limit on any disaster emergency declaration issued by the governor. After this period, the governor must seek approval from the General Assembly to extend the declaration. This limitation could disrupt continuity in emergency management, as critical time may be lost awaiting legislative approval for extension, potentially endangering lives and property.
Additionally, the amendment grants the General Assembly the power to terminate a disaster emergency declaration at any time through a concurrent resolution. This provision could lead to a swift end to emergency measures, possibly before the crisis has truly abated. The abrupt cessation of emergency protocols could create logistical challenges and hinder ongoing recovery efforts.
The governor's authority to waive laws and regulations during a state of emergency is also restricted by the amendment. While this may prevent potential abuses of power, it could also impede the governor's ability to swiftly adapt to the evolving needs of a crisis. For instance, the governor might be limited in their ability to waive certain regulations to expedite critical aid or resources to affected communities.
Furthermore, the amendment may hinder the governor's capacity to coordinate effectively with other states during multi-state emergencies. The differing emergency management protocols resulting from this amendment could create inconsistencies and challenges in coordinating a unified response, potentially impacting interstate cooperation and assistance.
While the constitutional amendment was likely designed to prevent executive overreach and promote democratic principles, the limitations it imposes on the governor's authority could inadvertently hinder the state's ability to respond effectively to disasters. Balancing the need for efficient emergency management with the appropriate checks and balances on executive power is a complex issue that requires careful consideration to ensure the safety and well-being of Pennsylvania's residents.
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Protection against discrimination based on race is enshrined in law
On May 18, 2021, Pennsylvania voters passed a constitutional amendment that enshrined protection against discrimination based on race in Pennsylvania for the first time. The amendment, which became Section 29 of Article I of the Pennsylvania Constitution, states that "equality of rights under the law shall not be denied or abridged" on the basis of "race or ethnicity". The amendment received 72% of the vote.
While the US Constitution already prohibits racial discrimination in the three Civil War Amendments and the equal protection provision of the 14th Amendment, the Pennsylvania amendment provides a new avenue to challenge structural racism in the courts. The amendment could be interpreted to allow legal challenges to actions by the Pennsylvania government that have a foreseeable disparate impact on racial minorities. This could include, for example, policies that perpetuate racial segregation in public schools.
The Pennsylvania courts have a history of interpreting the state constitution to strike down important provisions of state law, such as in the case of Section 27, the environmental rights amendment. Therefore, the legislature will likely interpret the amendment as a mandate to address racial discrimination within the constraints of federal law.
Despite the potential significance of this amendment, it is difficult to track the process of constitutional amendments in Pennsylvania. Amendments do not require the approval of the state governor, but they must pass both chambers of the General Assembly in two consecutive legislative sessions before being put to a voter referendum. This cumbersome process has become a tool for Republican lawmakers to enact policy and avoid the governor's veto.
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The statute of limitations for survivors of childhood sexual abuse is extended
The Pennsylvania Senate has approved a proposed constitutional amendment that would extend the statute of limitations for survivors of childhood sexual abuse, creating a two-year window for them to file civil lawsuits against their abusers or those who shielded them. This amendment seeks to amend Article I, Section 11 of the Pennsylvania Constitution by allowing victims to submit civil claims even if the statute of limitations has expired.
This amendment has been long-sought and fully approved by the legislature several years ago, but due to an error by the Pennsylvania Department of State, it never made it to the ballot. The amendment is supported by survivors and their allies, including state legislators with personal stories of abuse, who argue that allowing victims their day in court will provide closure and hold accountable the institutions that protected their abusers.
However, opponents of the amendment, including insurers and the Catholic Church, argue that retroactive rulings could cost taxpayers and private institutions millions of dollars. Some survivors and legislators also believe that the window could be implemented by a regular statute, which can take effect immediately after being signed by the governor, rather than through a constitutional amendment.
The amendment process requires cooperation between the state House and Senate, which are currently controlled by different political parties, creating a split that has halted progress on the proposal. Without action by November 30, when the current legislative session ends, the amendment will need to restart the lengthy process, with the earliest it could reach voters being 2027.
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The state constitution does not provide for a legal right to an abortion
The state constitution of Pennsylvania does not provide for a legal right to abortion. The U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, which had protected the federal constitutional right to abortion for nearly 50 years. Now, states have the power to restrict or prohibit abortion entirely. While some states have expanded access to abortion and protected abortion rights in their state constitutions, Pennsylvania has not.
The process of amending the Pennsylvania Constitution is lengthy and cumbersome, requiring approval from voters in referendums. Since 1968, voters have only rejected six out of 49 proposed amendments. Last year, two amendments that limited the governor's power to declare and sustain a state of emergency were approved. However, there have been no amendments related to abortion rights in Pennsylvania.
The lack of a legal right to abortion in Pennsylvania's state constitution has significant implications. It means that the state government has the authority to impose any regulation on abortion, as long as it does not conflict with federal law. This could result in restrictive abortion laws, making it challenging for individuals to access legal abortion services.
The Center for Reproductive Rights has been working to build strong abortion protections at the state level, independent of federal law. Their report, "State Constitutions and Abortion Rights: Building Protections for Reproductive Autonomy," outlines how state courts have recognized strong personal privacy and autonomy rights, equality principles, and the historical roots of abortion protections. By interpreting their state constitutions and traditions more progressively, these states have guaranteed greater protection for abortion rights and reproductive autonomy.
While Pennsylvania has not yet established a state right to abortion, the slow and challenging process of amending the state constitution could provide an opportunity for advocates to push for the inclusion of abortion rights. This would ensure that individuals in Pennsylvania have legal access to abortion and protect their reproductive autonomy.
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The legislature gains the power to draw regional districts
The Pennsylvania Constitution has a slow, multiyear process for amendments, which Republican lawmakers have used to enact policies and avoid the governor's veto. One of the proposed amendments that critics warn could cause damage is one that would give the legislature the power to draw regional districts. This proposal could lead to gerrymandering, which is when electoral district boundaries are drawn to favour one political party.
Gerrymandering can dilute the voting power of certain groups, such as racial minorities, and it can also result in a lack of representation for certain communities. This could have a significant impact on the composition of the state government and the effectiveness of the democratic process in Pennsylvania.
The process of amending the Pennsylvania Constitution does not involve the governor. Instead, proposed amendments must pass both chambers of the General Assembly in two consecutive sessions before being put to a referendum, where voters can approve or reject them. Despite the potential damage of some amendments, it can be difficult to track their progress through the process.
In the case of the proposal to give the legislature the power to draw regional districts, this amendment could be used to draw district boundaries that favour the Republican Party. This could result in a further lack of representation for Democratic voters and a decrease in the effectiveness of the democratic process.
The potential for gerrymandering is a significant concern with this proposed amendment, and it highlights the importance of a transparent and accountable process for amending the state constitution.
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Frequently asked questions
To amend the Pennsylvania Constitution, the General Assembly must first pass identical language in two consecutive sessions. If a majority of voters approve an amendment and it survives any legal challenges, it goes into effect.
On May 18, 2021, Pennsylvania voters passed three constitutional amendments, including one that enshrined protection against discrimination based on race.
Six far-reaching proposals to amend the Pennsylvania Constitution are unlikely to get the final legislative votes needed to reach voters anytime soon. One of these proposals includes an amendment to extend the statute of limitations for survivors of childhood sexual abuse.
Republican lawmakers have used the multiyear process of amending the Pennsylvania Constitution to enact policies and avoid the governor's veto. For example, Republicans sent two constitutional amendments to voters in 2022 that constrained the governor's emergency powers.
Some critics have argued that the amendment process in Pennsylvania is cumbersome and lacks transparency. Proposed amendments can also have a significant impact on the state government, such as enabling judicial gerrymandering.
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