Jonah Patel
The Constitution of Pennsylvania, also known as the Constitution of the Commonwealth of Pennsylvania, was established on September 28, 1776. The constitution was framed by a convention that assembled in Philadelphia on July 15, 1776, and was inspired by the Continental Congress. The Pennsylvania Constitution includes a Bill of Rights, which guarantees freedom of speech, freedom of religion, and the right to a trial by jury. It also establishes a unicameral legislature and voting rights for white men, regardless of landowning status. The document outlines the roles and responsibilities of government officials, including the Governor, and sets forth provisions for the establishment of magisterial districts and the instruction of justices of the peace. The constitution has been amended over time, with updates made to sections regarding initial terms of office, disaster emergency declarations, and the suspension and removal of justices.
| Characteristics | Values |
|---|---|
| Date of Constitution | September 28, 1776 |
| Government | Governed by an assembly of representatives of the freemen of Pennsylvania, and a president and council |
| Oath of Office | Officers take an oath of allegiance and a general oath of office before executing their office |
| Judicial Conduct Board | An independent board within the Judicial Branch |
| Legislative Reapportionment Commission | Constituted for the purpose of reapportioning the Commonwealth |
| Magisterial Districts | Provisions regarding the establishment of magisterial districts and the instruction and examination of justices of the peace |
| Supreme Court | No duties shall be imposed by law upon the Supreme Court or any of the justices thereof, except for judicial duties |
| Great Seal | The present Great Seal of Pennsylvania shall be the seal of the State |
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What You'll Learn
- The constitution was established by a convention on September 28, 1776
- It places the Bill of Rights before the rest of the document
- The people are protected from unreasonable searches and seizures
- The constitution establishes magisterial districts
- It outlines the initial terms of office for the State Treasurer and Auditor General
The constitution was established by a convention on September 28, 1776
The Constitution of Pennsylvania was established by a convention on September 28, 1776. This convention was called in accordance with the expressed wish of the Continental Congress, which had itself adopted the Declaration of Independence earlier that year. The convention assembled in Philadelphia on July 15, 1776, and completed its work on September 28, 1776.
The constitution was framed by the representatives of the freemen of Pennsylvania, who met for the express purpose of forming a government. The document itself begins with a preamble that acknowledges the "goodness of the great Governor of the universe" and the right of the people of Pennsylvania to "form for themselves such just rules as they shall think best, for governing their future society".
The Pennsylvania Constitution of 1776 established a set of rights and principles to guide the state's government. For example, it asserted the right of the people to assemble, to emigrate from one state to another, and to instruct their representatives. It also established certain requirements for officers, such as an oath of allegiance and an oath to uphold the constitution.
The convention also produced a report comparing the new constitution to the original, and examining whether the legislative and executive branches of government had exceeded their powers under the constitution. This report was published in Philadelphia in 1784.
The Pennsylvania Constitution was not submitted to the people for ratification. Instead, it was established by the convention itself, and it appears that the delegates to the convention signed the document.
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It places the Bill of Rights before the rest of the document
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. Notably, many of the men involved in its creation were not members of Pennsylvania's government at the time but rather an elected court composed of many non-landowners. The constitution was ratified on 28 September 1776, the same day it was read in convention for the last time, signed by the president and members, and transmitted to the Committee of Safety.
The Pennsylvania Constitution places the Bill of Rights before the rest of the document, which creates the framework for the government. The rights included in the Pennsylvania Bill of Rights are similar to those in the United States Constitution, such as freedom of speech, freedom of religion, and the right to a trial by jury. The Pennsylvania Constitution also establishes Pennsylvania's official title as the "Commonwealth of Pennsylvania".
The Pennsylvania Bill of Rights was praised by Thomas Jefferson, who noted its similarity to the Virginia Bill of Rights. The Pennsylvania Constitution of 1776 has been described as the most democratic in America, with one of its most noticeable changes being that all men who had paid taxes were permitted to vote. The constitution also featured a unicameral legislature and collective executive, which may have influenced the later French Republic's formation under the French Constitution of 1793.
The Pennsylvania Constitution of 1776 was replaced in 1790 by a new constitution due to strife caused by innovations in the old constitution. These innovations included establishing Pennsylvania as a "commonwealth", which deviated from colonial tradition and caused friction with monarchical and proprietary rule. Despite this, the 1776 Constitution had a lasting effect and served as a template for other constitutions, including Vermont's 1777 constitution.
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The people are protected from unreasonable searches and seizures
The Constitution of Pennsylvania provides citizens with protection from unreasonable searches and seizures. This is outlined in Article I, Section 8, which states:
> "The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant."
This is similar to the Fourth Amendment to the United States Constitution, which states:
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Fourth Amendment establishes that the government cannot search citizens without reason and must obtain a search warrant by proving probable cause for the need to search specific areas for specific items. The Pennsylvania Constitution provides similar protections, with the state's Supreme Court deciding that it affords greater protection to citizens than the Fourth Amendment.
The law of search and seizure in Pennsylvania is controlled by both the United States Constitution and the broader protections of the Pennsylvania Constitution. This means that police officers and other law enforcement officials are limited in their means of investigation. Evidence obtained during an unlawful search may be suppressed, meaning it cannot be used in court to convict a defendant of the crime charged. An experienced criminal defense attorney can help to prevent illegally obtained evidence from being used against a defendant.
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The constitution establishes magisterial districts
The Constitution of Pennsylvania establishes magisterial districts, which are local courts that provide equal access to local justice for all residents. The state's Supreme Court and courts of common pleas are responsible for determining the number and boundaries of magisterial districts within each judicial district. This process is mandated to occur every ten years, following the release of census figures, and is essential for ensuring that each community has access to justice.
The Constitution outlines that each magisterial district, except for the City of Philadelphia, should have one justice of the peace. These justices of the peace are elected or appointed to serve in their respective magisterial districts and are responsible for handling judicial functions. The General Assembly establishes classes of magisterial districts based solely on population and population density and sets the salaries for justices of the peace within each class.
The reestablishment of magisterial districts is a crucial process that impacts various aspects of community life, including local municipalities, police departments, school districts, and businesses. It also affects how individuals access their local courts, the convenience of travel to court, and potential costs for municipalities and residents.
The Pennsylvania Constitution, in conjunction with the Judicial Code, vests the Supreme Court with administrative powers and jurisdictional responsibilities. This includes the authority to oversee the establishment of magisterial districts and ensure the efficient administration of justice within each district.
The process of reestablishing magisterial districts involves several steps. Each county must propose a plan for the reestablishment, advertise it to the public for feedback, and then submit the plan to the AOPC and the Pennsylvania Supreme Court for approval or denial. This process ensures that all stakeholders have a voice in shaping the local courts that serve their communities.
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It outlines the initial terms of office for the State Treasurer and Auditor General
The Constitution of Pennsylvania outlines the initial terms of office for the State Treasurer and Auditor General. The State Treasurer and Auditor General, along with the Attorney General, are part of the Executive Department of the Commonwealth of Pennsylvania. The Constitution states that the terms of office for these positions are outlined in Joint Resolution No. 4 of 1967, which can be found in the appendix to the Constitution.
The Attorney General is chosen by the qualified electors of the Commonwealth on the day of the general election for the Auditor General and State Treasurer. The Attorney General holds office for four years from the third Tuesday of January following their election and is limited to two successive terms.
The Governor, Lieutenant Governor, Attorney General, Auditor General, and State Treasurer are all elected officials who make up the executive branch of Pennsylvania's government. The Governor is the highest-ranking official and holds supreme executive power. In the event of a disaster or threat of disaster that endangers the health, safety, or welfare of the Commonwealth, the Governor can issue an executive order or proclamation declaring a disaster emergency.
The specific term limits for the State Treasurer and Auditor General positions are not explicitly stated in the provided sources, but they are likely outlined in detail in Joint Resolution No. 4 of 1967, as referenced in the Constitution.
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Frequently asked questions
The main goal of the Pennsylvania Constitution of 1776 was to limit and prevent the creation of an aristocracy.
The Pennsylvania Constitution of 1776 includes the right to freedom of speech, freedom of religion, and the right to a trial by jury. It also establishes a public school system open to all white male children, regardless of landowning status, and prohibits imprisonment as a punishment for debt.
The Legislative Reapportionment Commission is responsible for reapportioning the Commonwealth after each Federal decennial census. The commission consists of five members, including the majority and minority leaders of the Senate and the House of Representatives, or their deputies, and a chairman.
According to the Pennsylvania Constitution, a disaster emergency declaration may be declared by the Governor through an executive order or proclamation upon finding that a disaster has occurred or is imminent, threatening the health, safety, or welfare of the Commonwealth.
