Eleanor Finch
Pennsylvania has had five constitutions during its statehood, with the most recent one entering into force in 1968. The current constitution was preceded by constitutions in 1776, 1790, 1838, and 1874. The Constitution of 1968 was amended on May 17, 1966, November 8, 1966, and May 16, 1967, and the proposals were approved by the electorate on April 23, 1968. The Pennsylvania Constitution of 1776, the state's first constitution following its declaration of independence, was drafted by Robert Whitehill and Timothy Matlack and included a declaration of rights that coincided with the Virginia Declaration of Rights of the same year.
| Characteristics | Values |
|---|---|
| Date of Most Recent Constitution | 1968 |
| Number of Constitutions | 5 |
| Dates of Previous Constitutions | 1776, 1790, 1838, 1874 |
| Year of Most Recent Constitutional Convention | 1967-1968 |
| Number of Constitutional Conventions | 5 |
| Dates of Previous Constitutional Conventions | 1776, 1789-90, 1837-38, 1872-73 |
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What You'll Learn
The current Pennsylvania Constitution was approved in 1968
Pennsylvania has had five constitutions during its statehood: 1776, 1790, 1838, 1874, and 1968. The first Pennsylvania constitution contained two main parts: a declaration or bill of individual rights and a frame or structure of government. The first Pennsylvania declaration or bill of rights was influenced by the prior government of proprietor William Penn, who, as a Quaker, recognized "that all men have a right: to life, liberty, property, happiness, and safety." The 1776 Constitution also lifted all restrictions on voting and made provisions for adding counties and reapportionment.
The Pennsylvania constitution of 1790 has been described as a "model" constitution due to its workable frame of government with effective checks and balances and its extensive Declaration of Rights. However, after the War of 1812 with England, a movement grew to limit the appointive power of the governor and elect judges, as the executive branch was perceived to have become too powerful and abusive. This led to a constitutional convention in 1837 that produced a proposal approved by voters in 1838. The 1838 Constitution retained most of the features of the 1790 Constitution but addressed these concerns.
By the 1860s, honest politicians and citizens began calling for another constitutional convention due to widespread legislative corruption. A referendum on holding a convention was authorized in 1871 and approved by voters, leading to a convention in 1873. The proposed constitutional changes were approved by voters in an election in 1874, making extensive changes to the Pennsylvania Constitution.
In the 1950s, calls for a constitutional revision intensified, supported by a broad range of political figures, legal professionals, and nonprofit organizations. In 1967, voters approved a limited constitutional convention, which was held in 1967-1968. The convention proposals were approved by voters in 1968, resulting in the current Pennsylvania Constitution. This version of the constitution completely revised the judiciary article, creating a unified judicial system and a new intermediate appellate court, the Commonwealth Court. It established the Philadelphia Municipal Court and authorized community courts, while granting the Supreme Court general supervisory and administrative power over all state courts, including justices of the peace.
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The first Pennsylvania Constitution was established in 1776
The first Pennsylvania Constitution was established on September 28, 1776. This constitution was the heart of a popular revolt against the existing government, which had been brewing for months. Since the era of William Penn, the province had been governed under a succession of instruments known as frames of government. These documents restricted voting rights to men of property and assured the domination of a largely Quaker ruling class.
As immigration reduced the relative numbers of Quakers, their alliance with businessmen, members of other religions, and pietistic Germans continued to elect governments whose policies frustrated a growing number of people living on the expanding frontier. Concerns for security, coupled with a resentment of increasing parliamentary dominance, caused the creation of local committees (some calling themselves Associators, because Congress had called for a "Continental Association").
The Constitution of the Commonwealth of Pennsylvania was established by the General Convention, which assembled in Philadelphia on July 15, 1776, and completed its labours on September 28, 1776. The constitution has been described as the most democratic in America. It included provisions for the security and protection of the community, and to enable the individuals who composed it to enjoy their natural rights and the blessings bestowed upon them by the "Author of existence".
The constitution also provided for the establishment of a council of censors, which had the power to call a convention within two years of their sitting if there appeared an absolute necessity of amending any article of the constitution. This council also had the power to grant pardons and remit fines, except in cases of impeachment, treason, or murder.
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The 1968 Constitution revised the judiciary article
The Constitution of Pennsylvania has been amended several times since its adoption in 1776. The most recent major revision took place in 1968, with the state's Constitutional Convention making significant changes to the judiciary article. This update established a unified judicial system, consisting of the Supreme Court, the Superior Court, the Commonwealth Court, courts of common pleas, community courts, municipal courts in Philadelphia, and justices of the peace. All courts and justices are part of this unified system.
The 1968 Constitution also created the intermediate appellate Commonwealth Court and the Philadelphia Municipal Court. It allowed for local home rule and changed the legislative reapportionment process. Additionally, it made the governor and lieutenant governor eligible for a second term. The Supreme Court was established as the highest court in the Commonwealth, with seven justices, including the Chief Justice.
The 1968 Constitution also addressed vacancies in existing offices. It stated that no person shall be eligible for the office of Governor, Lieutenant Governor, or Attorney General unless they are a citizen of the United States, at least 30 years old, and have been an inhabitant of the Commonwealth for the preceding seven years. The exception is if the person was absent due to public business for the United States or the Commonwealth.
The Constitution further specified that no member of Congress or person holding any office under the United States or the Commonwealth (except as an attorney-at-law or in the National Guard or reserve component of the armed forces) shall exercise the office of Governor or Lieutenant Governor. It also outlined the process for filling vacancies in the office of Attorney General.
The 1968 Constitution made important revisions to the judiciary article, consolidating and clarifying the judicial system of Pennsylvania and making key changes to eligibility requirements for certain offices. These changes came into effect on January 1, 1969.
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The 1874 Constitution made extensive changes
The most recent Constitution of Pennsylvania was approved and adopted in 1874. This Constitution replaced the previous one, which had been in effect since 1790. The 1874 Constitution made extensive changes to the structure and functioning of the state's government and reflected the political, social, and economic changes that had occurred in the intervening years.
One of the most significant changes was the expansion of the franchise. The new Constitution abolished property qualifications for voting, meaning that all white men over the age of 21 could now vote, regardless of their wealth or social status. This marked a significant step towards universal suffrage and reflected the growing democratic ideals of the time. Additionally, the 1874 Constitution introduced a secret ballot system, which was designed to reduce voter intimidation and protect the integrity of the electoral process.
The 1874 Constitution also made significant changes to the state's legislative branch. It created a full-time, salaried legislature, with longer terms of office for senators and representatives. This was a shift from the previous part-time, volunteer legislature, and it was intended to professionalize the law-making process and attract more qualified individuals to public service. The new Constitution also redistributed powers between the two chambers of the legislature, giving the Senate more authority in areas such as confirming appointments and ratifying treaties.
In addition to these political reforms, the 1874 Constitution also addressed a number of social and economic issues. For example, it included provisions for the regulation of railroads and other transportation industries, which had become increasingly powerful and influential in the state's economy. The Constitution also included a clause prohibiting the state from passing laws that would impair the obligation of contracts, which was designed to protect the rights of businesses and promote economic stability.
Another important aspect of the 1874 Constitution was its creation of new executive departments and expansion of the governor's powers. It established a separate Department of Education, reflecting the growing importance of public education in the state. The Constitution also gave the governor the power to veto individual items in appropriation bills, enhancing their ability to influence the state's budget and spending priorities.
Overall, the 1874 Constitution represented a significant departure from the previous form of government in Pennsylvania. Its extensive changes reflected the state's evolving needs and priorities and laid the foundation for a more modern, responsive, and democratic system of government. The Constitution remains the basis of Pennsylvania's government today, although it has been amended numerous times to keep pace with the changing times and the evolving needs of the state's citizens.
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The 1790 Constitution was described as a model
The most recent constitution approved in Pennsylvania was in 1967, with an amendment to the constitution in 1968. However, the Pennsylvania Constitution of 1790 has been described as a "model" constitution. This is because of its workable frame of government with effective checks and balances and its extensive Declaration of Rights that was expressly declared to be protected from arbitrary government action.
The Pennsylvania Constitution of 1790 was the second iteration of the state's constitution, replacing the 1776 version. The 1776 constitution was considered a failure, as it created a unicameral legislature with no checks on power. It was also controversial, as it was opposed by many of the commonwealth's citizens. The 1790 Constitution, on the other hand, resembled more modern constitutions. It provided for a bicameral legislature elected by the citizens at a general election, a single governor elected for a three-year term with the power to veto statutes, and a judiciary appointed by the governor and removable only by impeachment.
The 1790 Constitution also included a Declaration of Rights that prohibited the legislature from taking away individual rights protected by the Declaration. This Declaration of Rights was so far-sighted that only a few of its provisions have been changed since 1776, and they remain part of the Pennsylvania Constitution today. The 1790 Constitution was also influential beyond Pennsylvania, serving as a template for the Vermont Constitution of 1777 and influencing the format of the Virginia Constitution.
The Pennsylvania Constitution has been amended or changed several times since 1790, including significant changes in 1838 to limit the power of the governor and elect judges. However, the core structure and principles of the 1790 Constitution have endured, and it continues to be recognised as a model for effective and rights-protective governance.
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Frequently asked questions
The most recent constitution of Pennsylvania was approved in 1968.
Pennsylvania has had five constitutions during its statehood.
The first Pennsylvania constitution was approved in 1776.
The most recent Pennsylvania constitution has been amended numerous times.
