Malcolm Rivera
The Constitution of Pennsylvania, first adopted in 1776, is the supreme law within the Commonwealth of Pennsylvania. It has undergone five versions since its inception, with the current Constitution entering into force in 1968. The Pennsylvania Constitution is the foundation of the state's government and a framework for the U.S. Constitution. It outlines the rights and freedoms of Pennsylvanians, including freedom of speech, the right to bear arms, and the right to assemble. The Constitution also establishes the powers of the state's branches of government, including the legislature, executive, and judiciary, and provides for the encouragement of virtue and prevention of vice and immorality.
| Characteristics | Values |
|---|---|
| Purpose | To establish a framework for the state government of Pennsylvania |
| Date of adoption | 1776 |
| Position in US law | Supreme law within the Commonwealth of Pennsylvania |
| Amendment process | Majority vote of two consecutive sessions of the General Assembly, followed by approval from the electorate |
| Emergency amendment process | Two-thirds vote of the General Assembly and an affirmative vote by the electorate within one month |
| Role of the General Assembly | May enact laws providing for the binding resolution of grievances or disputes between policemen, firemen, and their public employers |
| Freedom of the press | Guaranteed, with no law to restrain the right to examine the proceedings of the Legislature or any branch of government |
| Freedom of speech | Guaranteed, with every citizen free to speak, write, and print their thoughts and opinions |
| Trial by jury | Guaranteed, with the Legislature recommended to provide against corruption or partiality in jury selection |
| Right to bear arms | Guaranteed, with the citizens' right to bear arms in defence of themselves and the State explicitly protected |
| Right to assemble | Guaranteed, with citizens able to assemble peaceably for their common good and to petition the government for redress of grievances |
| Education | Schools to be established in each county by the Legislature, with salaries paid by the public to enable instruction at low prices |
| Virtue and prevention of vice | Laws to encourage virtue and prevent vice and immorality to be made and kept in force |
| Protection of religious societies | Religious societies and bodies of men united or incorporated for the advancement of religion, learning, or other pious and charitable purposes to be encouraged and protected |
| Council of Censors | To be chosen by ballot by the freemen in each city and county to enquire whether the constitution and the legislative and executive branches of government have performed their duties as guardians of the people |
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What You'll Learn
The Constitution is the supreme law of Pennsylvania
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 Pennsylvania Constitution is the foundation of the state's government.
The first Constitution of Pennsylvania was adopted in 1776 and was a framework for the U.S. Constitution, which did not take effect until 1789. Since 1776, Pennsylvania's Constitution has undergone five versions. The current Constitution entered into force in 1968 and 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.
The Constitution of Pennsylvania includes provisions such as the right to freedom of speech and the press, the right to bear arms, the right to assemble, and the right to emigrate. It also includes the establishment of schools and universities, and the encouragement of virtue and prevention of vice and immorality.
The Constitution outlines the powers of the Supreme Court and other courts, the role of the Council of Censors, and the process for collective bargaining between policemen, firemen, and their public employers. It also includes provisions for the treatment of debtors and the rights of citizens in relation to treason and felony charges.
The Pennsylvania Constitution is a comprehensive document that establishes the rights and responsibilities of the government and the people of the Commonwealth of Pennsylvania. It has undergone changes over time to adapt to the evolving needs of the state and its citizens.
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The right to free speech and assembly
The Pennsylvania Constitution 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 Constitution of Pennsylvania was first adopted in 1776 and has since undergone five versions, with the current Constitution entering into force in 1968.
> "The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty."
The Constitution also protects the right of citizens to assemble peacefully for their common good and to petition the government for redress of grievances or other proper purposes:
> "The citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address, or remonstrance."
The Pennsylvania Constitution also emphasizes the importance of education and encourages the encouragement and promotion of "all useful learning" in schools and universities. Additionally, it underscores the role of religion in the state, acknowledging the blessings of ""civil and religious liberty" and recognizing the importance of ""justice, moderation, temperance, industry, and frugality" in preserving liberty.
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The right to bear arms
The Constitution of Pennsylvania was established to declare and protect the general, great, and essential principles of liberty and free government. It states that all men are born equally free and independent, and have certain inherent and indefeasible rights, including the right to enjoy and defend life.
Article I, Section 21 of the Pennsylvania State Constitution specifically addresses the right to bear arms: "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." This provision guarantees that the citizens of Pennsylvania have the right to possess and carry weapons for their own protection and for the defense of the state.
However, it is important to note that the right to bear arms in Pennsylvania is not absolute and unlimited. Court cases have established that this right can be restricted for the good order of society and the protection of citizens. For example, in Commonwealth v. McKown, the court held that a Pennsylvania resident could not carry a concealed firearm without a valid Pennsylvania concealed carry license, even if they had a license from another state with reciprocity. Similarly, in Lehman v. Pennsylvania State Police, the court upheld the denial of an application to purchase a rifle due to a previous conviction, stating that while the right to bear arms is constitutionally protected, it is not beyond regulation.
The Pennsylvania Constitution, through its recognition of the right to bear arms, seeks to empower citizens with the means to defend themselves and participate in the state's defense if necessary. However, it also acknowledges the need for regulations and restrictions to maintain order and ensure the safety of the wider community.
In summary, the right to bear arms in Pennsylvania is a constitutionally protected right, but it is subject to limitations imposed by the state for the welfare and security of its citizens.
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The establishment of schools and universities
The Constitution of Pennsylvania, established on September 28, 1776, outlines the role of the legislature in the establishment of schools and universities. Section 45 of the Constitution states that "a school or schools shall be established in each county by the legislature, for the convenient instruction of youth." The legislature is responsible for ensuring that these schools are accessible to the youth by providing salaries to the masters, enabling them to offer instruction at low prices. Furthermore, the Constitution encourages and promotes "all useful learning" in one or more universities.
The history of education in Pennsylvania dates back to 1682 when William Penn provided for schools in his colony. The Provincial Council employed Enoch Flower as the first teacher in Philadelphia in 1683. The first public library in Philadelphia opened its doors in 1731, and the first college in Pennsylvania was established in 1755.
The Second Pennsylvania Constitution, enacted in 1789-1790, provided for public schools. This was followed by the Free Public Schools Act of 1834, which created a general state system of common schools. The first high school in Philadelphia was established in 1837.
Over time, various laws and acts have been passed to support and enhance education in Pennsylvania. In 1857, a law was enacted authorizing a system of state normal schools, or teacher colleges. The Edmonds Act of 1921 mandated that all elementary public school teachers have two years of training in normal schools, while secondary teachers were required to hold an A.B. degree. The Woodruff Salary Act of 1919 ensured higher pay for teachers in all Pennsylvania school districts, establishing a minimum salary of $65 per month.
In 1965, President Lyndon B. Johnson signed the Elementary and Secondary Education Act, providing $1.2 billion in funding for public schools nationwide. Pennsylvania also demonstrated its commitment to inclusive education by mandating in 1972 that the state provide a free public education for all children with mental retardation aged 6 to 21.
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The role of the Council of Censors
The Pennsylvania Constitution of 1776 was the state's first constitution following its declaration of independence. It was drafted by Robert Whitehill, Timothy Matlack, Dr Thomas Young, George Bryan, James Cannon, and Benjamin Franklin. The Council of Censors, outlined in the Forty-Seventh Article, was to be composed of two delegates from each city and county of Pennsylvania, elected every seven years.
The Council of Censors was tasked with ensuring "that the freedom of the commonwealth may be preserved inviolate forever". This included evaluating the activities of the state government, including the legislative and executive branches, to ensure they were acting as guardians of the people and not assuming greater powers than they were entitled to by the constitution. The council was also to enquire into the just laying and collection of taxes, the disposal of public monies, and the execution of laws.
The Council of Censors had the authority to censure public officials, order impeachment, and recommend the repeal of legislation if it found that the constitution had been violated. Importantly, it was the only body with the authority to call for a convention to amend the constitution. This power gave the people a significant voice in deciding on fair and responsible judges and preventing constitutional change.
The Council of Censors has been criticised by some historians as a naive relic of classical Republican nostalgia, or as a tool for Pennsylvania's radical party to maintain power. Others argue that it is emblematic of the 'undemocratic features' of the Pennsylvania Constitution, as it restricted the ability of the constitution's opponents to amend it. However, the council's role was also to protect the people's rights and act as a kind of emergency power, demonstrating the complexity of its function and legacy.
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Frequently asked questions
The Pennsylvania Constitution is the supreme law within the Commonwealth of Pennsylvania. It is the foundation of the state government and outlines the rights and responsibilities of the citizens, the government, and the state.
The Pennsylvania Constitution is based on certain key principles, including civil and religious liberty, free and fair elections, freedom of speech, the right to bear arms, and the right to assemble.
The Pennsylvania Constitution has undergone five versions since its inception in 1776. The current Constitution came into force in 1968 and has been amended numerous times. Amendments are made through a process of majority voting by the General Assembly and approval by the electorate.
The General Assembly is the legislative body of the state government. It has the power to enact laws, amend the Constitution, and perform other legislative functions outlined in the Constitution.
The Pennsylvania Constitution guarantees various rights, including the right to freedom of speech, the right to bear arms, the right to assemble, the right to due process, and the right to equal protection under the law.
