Amendments to the Pennsylvania Constitution
Since 1776, the Pennsylvania has adopted five constitutions and amended its most recent constitution 44 times. Some amendments affected more than one section of the constitution. Each square below represents when a section was changed by an amendment.
Scroll through the timeline to view amendments to the constitution by year and historical context for significant amendments.
Each block on this histogram represents a change—e.g., a substantive change, repeal & replace, or renumbering—to an individual section rather than an amendment. Some amendments result in multiple changes, resulting in multiple blocks being attributed to one amendment. Likewise, a section may be amended more than once in an year, but these amendments will only appear as one block on the histogram. When a block or blocks are marked red in a specific year, that means that a new constitution went into effect that year.
The Pennsylvania Constitution & Its Amendments
As one of the original thirteen colonies, Pennsylvania has a long constitutional history that begins in 1776. Sometimes described as “the most democratic (and radical) of the state constitutions” for its time, the original Pennsylvania Constitution provided for a strong unicameral legislature, created a Council of Censors tasked with evaluating the functioning and activities of state government, made all legislative proceedings open to the public, and expanded the franchise beyond property owners to all men who paid taxes, including African American men. However, contemporary critics also largely considered the 1776 Constitution a failure, with the delegates to the federal and other state constitutional conventions using it “as a model for how not to structure [a] government.” The legislature wielded too much power and were subject to few checks—the president of the Supreme Executive Council (equivalent to the governor) could not veto legislative acts, and the legislature could remove supreme court judges at any time. Subsequently, a new constitutional convention produced the 1790 Constitution, which was also described as a model constitution but, unlike its predecessor, provided for a “workable frame of government with effective checks and balances.” The 1790 Constitution included many of the features traditionally associated with republican government in the American states: an independent executive and judiciary and a prohibition against the legislature taking away the rights enumerated by the Declaration of Rights.
Including the conventions of 1776 and 1790, Pennsylvania has held a total of seven constitutional conventions throughout its history, five* of which produced new constitutions that were ultimately approved by voters. Although the Pennsylvania Constitution has never included a provision authorizing or providing the procedure for calling a constitutional convention, the power is thought to be rooted in the “power . . . inherent in the people . . . to alter, reform or abolish their government.” The Pennsylvania legislature can also place constitutional amendments on the ballot by passing a proposal in two successive legislative sessions. And in cases of a “major emergency [that] threatens or is about to threaten the Commonwealth,” the legislature may place an amendment on the ballot with a two-thirds vote during a single legislative session. If the proposal is approved by a majority of voters, the amendment is ratified.
* Although accounts widely describe Pennsylvania as having adopted five constitutions, two were actually passed as packages of amendments. However, the legislature subsequently passed a statute directing the 1874 Constitution, as amended through 1968, be called the Constitution of 1968. Accordingly, the Pennsylvania General Assembly refers to Pennsylvania as having had four constitutions. For more information see 1838 and 1968.
Pennsylvania State Capitol. Michael Plasmeier.
2021
Limitation of Governor’s Emergency Powers
In response to the COVID-19 pandemic, on March 6, 2020, Governor Tom Wolf declared an emergency throughout the Commonwealth, which he then used to close schools and certain businesses, like dine-in restaurants, throughout the state. The legislature opposed this declaration and responded by passing a concurrent resolution ending the emergency. Governor Wolf challenged the resolution in court, arguing that the legislature lacked the authority to unilaterally suspend an emergency declaration. The Pennsylvania Supreme Court agreed. Governor Wolf subsequently vetoed the resolution, and the emergency declaration remained in place.
In the wake of the court’s decision, the Pennsylvania General Assembly referred two constitutional amendments to voters, aiming to curb the governor’s emergency powers. The first authorized the General Assembly to terminate an emergency declaration by concurrent resolution. The second required legislative approval for the governor to extend an emergency declaration beyond 21 days. Both amendments were ratified by narrow margins.
Equal Protection Clause
Voters also approved an amendment in 2021 providing that “equality of rights under the law shall not be denied or abridged” based on “race or ethnicity.” Proponents of the amendment argued that just as Pennsylvania courts have construed the state’s Equal Rights Amendment as providing greater protections against sex-based discrimination than the federal framework does, so too should courts interpret this amendment as providing the strongest possible protection against racial discrimination.
Governor Tom Wolf speaking to the press in 2021. governortomwolf.
In 2021 the Constitution was Changed 3 Times
Article I. Declaration of Rights Section 29.
Prohibition against denial or abridgment of equality of rights because of race and ethnicity
Article III. Legislation Section 9.
Action on concurrent orders and resolutions
Article IV. The Executive Section 20.
Disaster emergency declaration and management
In 2017 the Constitution was Changed 1 Time
In 2016 the Constitution was Changed 6 Times
Article V. The Judiciary Section 1.
Unified judicial system
Article V. The Judiciary Section 6.
Community courts; Philadelphia Municipal Court
Article V. The Judiciary Section 10.
Judicial administration
Article V. The Judiciary Section 12.
Qualifications of justices, judges and justices of the peace
Article V. The Judiciary Section 15.
Tenure of justices, judges and justices of the peace
Article V. The Judiciary Section 16.
Compensation and retirement of justices, judges and justices of the peace
2003
Revisiting Pennsylvania’s Confrontation Clause
Although the Pennsylvania Supreme Court overturned the 1995 amendment modifying the constitution’s confrontation clause, the legislature re-submitted the amendment to voters in 2003, this time split into two ballot questions. Both amendments passed.
For more information about the confrontation clause, see 1995.
In 2003 the Constitution was Changed 2 Times
1998
Denial of Bail for Those Charged with Crimes Punishable by Life Imprisonment
Denying bail to individuals charged with capital offenses in Pennsylvania dates back to the 1874 Constitution, which required courts to deny bail “when the proof is evident or presumption great” that the accused has committed a capital offense. This provision was expanded by amendment in 1998, requiring courts to deny bail to two additional categories of accused: those charged with crimes punishable by life imprisonment and those who would pose a danger to “any person and the community” if granted bail.
A group of citizen advocates challenged this amendment, arguing that in creating two new categories of non-bailable individuals, the amendment violated the constitutional requirement that “[w]hen two or more amendments shall be submitted they shall be voted upon separately.” The Pennsylvania Supreme Court rejected this challenge, holding that the alterations were “sufficiently interrelated to justify their presentation to the electorate in a single question.”
The Commonwealth’s Right to a Trial by Jury
Like the United States Constitution, the Pennsylvania Constitution also guarantees criminal defendants the right to a trial by jury. Historically, defendants could waive their right to a jury trial only with the consent of the court and the Commonwealth. However, in 1973, the Pennsylvania Supreme Court issued a new rule that removed the need to obtain the Commonwealth’s consent. The General Assembly sought to restore the law to its pre-1973 state by referring a constitutional amendment to voters that would give “the Commonwealth . . . the same right to trial by jury as does the accused” in criminal cases. Although two defendants challenged the amendment, arguing that the defendant’s right to a jury trial also included the right to waive that right, the Pennsylvania Supreme Court held that “providing the Commonwealth with the right to trial by jury does not violate any constitutional right held by defendants.”
Eastern State Penitentiary, Philadelphia, Pennsylvania. Carol M. Highsmith.
In 1998 the Constitution was Changed 2 Times
1997
Board of Pardons Reform
When drafting the document that would eventually become the 1874 Constitution, the Constitutional Convention of 1872 included a provision establishing the Pennsylvania Board of Pardons in response to concerns about gubernatorial abuse of the pardoning power. The board served as a check on the governor’s power by serving as an initial screening body; only in those cases in which the board gives a positive recommendation can the governor issue clemency. Originally composed of four members, including the lieutenant governor and the attorney general, the board historically operated under a presumption that those convicted of a crime could be rehabilitated and routinely recommended clemency for those serving a life sentence after 10 to 20 years of incarceration.
However, the 1980s and 1990s brought a sharp decline in grants of clemency. This can largely be attributed to two factors: First, Governor Dick Thornburgh was elected in 1979 on a “tough on crime” platform. Governor Thornburgh commuted only seven life sentences during his eight years in office; by contrast, his predecessor commuted 251 life sentences. Second, in 1994, Pennsylvania Governor Robert Casey approved the commutation of Reginald McFadden, who was convicted in 1969 of a murder. Three months later, he was apprehended in New York on suspicion of several crimes, including murder. The subsequent news coverage and public backlash contributed to the election of Governor Tom Ridge, who, on his first full day in office, called for a special session of the legislature to address the issue of crime. This special session yielded a proposed amendment requiring unanimous approval by the Board of Pardons before a life sentence can be commuted. The next legislative session passed the amendment, and voters approved it in 1997. Pennsylvania governors only commuted ten life sentences between 1999 and 2018.
Former Pennsylvania Governors Mark Schweiker, Tom Ridge, and Tom Corbett. Governor Tom Wolf.
1995
Modification of Confrontation Clause and Allowance of Remote Child Testimony in Criminal Proceedings
After the U.S. Supreme court held that the federal constitution’s Confrontation Clause allowed a child witness to testify from outside the courtroom via a one-way closed circuit, the Pennsylvania Supreme Court held that the state constitution’s Confrontation Clause provided greater protection to a defendant’s right to meet a witness face to face and that remote testimony violates the state constitution.
The legislature immediately responded by proposing a constitutional amendment to modify the language of the state’s Confrontation Clause to mirror the U.S Constitution’s and to authorize the legislature to pass legislation permitting remote testimony for child witnesses. The amendment passed but the Pennsylvania Supreme Court voided the amendment on procedural grounds. The court held that amending to clause to resemble its federal analog and amending it to give the legislature explicit authority to permit remote testimony for child witnesses counted as two amendments that should have been submitted to voters as separate questions.
For more information about the state confrontation clause, see 2003.
1993
Judicial Conduct Board
Until 1968, the only method of disciplining a judge was impeachment and removal, by the legislature or, under the 1790 Constitution, by the governor. The constitution did not provide a mechanism for imposing any less severe consequences for misconduct. The establishment of the Judicial Inquiry and Review Board (JIRB) as part of the 1868 Constitution allowed the state supreme court to impose less severe sanctions. The board was comprised of nine members—five judges appointed by the state supreme court and two lawyers and two non-lawyers appointed by the governor—who could recommend disciplinary action to the state supreme court.
Two well-publicized cases of alleged judicial misconduct, one involving a state supreme court justice, “undermined public confidence in the effectiveness of the JIRB system.” The legislature responded by advancing a number of bills, including several calling for changes to the constitution’s Judicial Article. The resulting constitutional amendment, which was approved by 83% of those voting on the question in 1993, created a two-tiered system of judicial discipline consisting of the Judicial Conduct Board (JCB) and Court of Judicial Discipline (CJD). Under this system, the JCB investigates judicial misconduct while the CJD handles adjudication. The amendment also limits the state supreme court’s ability to overturn the CJD’s findings and orders.
Despite the significant changes made to Pennsylvania’s system of judicial discipline, some organizations remain concerned about the ability of the current system to effectively address the problem of judicial misconduct.
Pennsylvania Judicial Center in Harrisburg, Pennsylvania. Niagara.
In 1993 the Constitution was Changed 3 Times
In 1985 the Constitution was Changed 2 Times
In 1984 the Constitution was Changed 2 Times
In 1981 the Constitution was Changed 2 Times
1978
Electing the Attorney General
The office of attorney general dates back to 1643, with the office originally filled by appointees selected by the King of Sweden. The practice of appointing the attorney general continued through British governance and under the Pennsylvania Constitution until 1978 when voters approved an amendment to make the position an elected office. The amendment provided that the first elected attorney general would take office in January of 1981, allowing a task force time to make recommendations to the legislature establishing the powers and duties of the new elected office. The task force envisioned the attorney general as the “independent chief law-enforcement officer” of the Commonwealth and viewed the election of the attorney general as a way to facilitate checks and balances to the activities of the executive branch.
LeRoy S. Zimmerman, first elected Pennsylvania Attorney General, 1981. Commonwealth of Pennsylvania.
In 1978 the Constitution was Changed 6 Times
Article IV. The Executive Section 4.1.
Attorney General
Article IV. The Executive Section 5.
Qualifications of Governor, Lieutenant Governor and Attorney General
Article IV. The Executive Section 6.
Disqualification for offices of Governor, Lieutenant Governor and Attorney General
Article IV. The Executive Section 8.
Appointing power
Article IV. The Executive Section 17.
Contested elections of Governor, Lieutenant Governor and Attorney General; when succeeded
Article V. The Judiciary Section 13.
Election of justices, judges and justices of the peace; vacancies
In 1977 the Constitution was Changed 2 Times
1975
Modification of Gubernatorial Appointments
In 1975, voters approved an amendment making several changes to the gubernatorial appointment power. Prior to the amendment, all gubernatorial appointments were subject to senate approval by a two-thirds majority vote. The 1975 amendment allowed the legislature to lower the requirement to a simple majority by statute. Additionally, the amendment placed a time limit on senate action by requiring that the senate approve or reject an appointee within 25 days; if the senate failed to act, the appointment would be considered approved. However, the amendment also eliminated a requirement that the senate “sit with open doors” when acting on gubernatorial appointments and to record votes on nominees in the legislative journal. A 1978 amendment removing the governor’s power to appoint the attorney general subsequently restored these transparency requirements.
Dick Thornburgh campaign brochure photograph. Thornburgh for Governor Committee.
In 1975 the Constitution was Changed 4 Times
Article IV. The Executive Section 8.
Appointing power
Article IV. The Executive Section 9.
Pardoning power; Board of Pardons
Article V. The Judiciary Section 13.
Election of justices, judges and justices of the peace; vacancies
Article IX. Taxation and Finance Section 17.
Special emergency legislation
In 1972 the Constitution was Changed 6 Times
Article IX. Taxation and Finance Section 17.
Special emergency legislation
Article IX. Local Government Section 1.
Local government
Article IX. Local Government Section 2.
Home rule
Article IX. Local Government Section 3.
Optional plans
Article IX. Local Government Section 4.
County government
Article IX. Local Government Section 10.
Local government debt
1971
Equal Rights Amendment
While Congressional hearings on a federal Equal Rights Amendment were taking place in the early 1970s, Pennsylvania became the first state to add an equal rights amendment to its constitution, joining Utah and Wyoming (whose constitutions already had equal rights provisions when they were first adopted) as the only states guaranteeing protections against sex-based discrimination at the time.
Environmental Rights Amendment
For most of the state’s history, Pennsylvania lacked regulations governing the use of state’s natural resources by lumber and mining interests. This lax approach to the natural environment contributed to environmental disasters like the Donora smog incident and the Centralia mine fire, which led to increased public interest in greater environmental regulation. Proposed on Earth Day in 1970 and approved the following year by Pennsylvania voters, the Environmental Rights Amendment provides that the people have a right to clean air, pure water, and the preservation of the natural environment. It further provides that the Commonwealth is a trustee of the natural resources of Pennsylvania, which it has a duty to “conserve and maintain … for the benefit of all the people.”
In 2017, the Pennsylvania Supreme Court held that “the Commonwealth has a duty to prohibit the degradation, diminution, and depletion of our public natural resources” and “must act affirmatively via legislative action to protect the environment.”
The wire mill, Donora, PA. Library of Congress.
In 1971 the Constitution was Changed 5 Times
Article I. Declaration of Rights Section 6.
Trial by jury
Article I. Declaration of Rights Section 27.
Natural resources and the public estate
Article I. Declaration of Rights Section 28.
Prohibition against denial or abridgment of equality of rights because of sex
Article II. The Legislature Section 16.
Legislative Districts
Article II. The Legislature Section 17.
Legislative Reapportionment Commission
In 1970 the Constitution was Changed 1 Time
In 1969 the Constitution was Changed 76 Times
Article V. The Judiciary
The Judiciary
Article V. The Judiciary Section 1.
The courts
Article V. The Judiciary Section 2.
The Supreme Court; tenure of judges; chief justice
Article V. The Judiciary Section 3.
Jurisdiction of Supreme Court
Article V. The Judiciary Section 4.
Courts of common pleas; districts not to contain more than four counties
Article V. The Judiciary Section 5.
Judicial districts; office of associate judge abolished
Article V. The Judiciary Section 6.
Common pleas courts in Philadelphia and Allegheny; increase of judges in common pleas courts
Article V. The Judiciary Section 7.
Prothonotary in Philadelphia; separate dockets for courts; but one judgment and lien docket
Article V. The Judiciary Section 8.
Criminal courts in Philadelphia and Allegheny
Article V. The Judiciary Section 9.
Jurisdiction of common pleas judges
Article V. The Judiciary Section 10.
May issue writs of certiorari to inferior courts
Article V. The Judiciary Section 11.
Justices of the peace and aldermen
Article V. The Judiciary Section 12.
Magistrates in Philadelphia
Article V. The Judiciary Section 13.
Disposition of fees, fines, etc.
Article V. The Judiciary Section 14.
Appeals from summary conviction
Article V. The Judiciary Section 15.
Election and term of judges; removal
Article V. The Judiciary Section 16.
Election of judges of Supreme Court by limited vote
Article V. The Judiciary Section 17.
Priority of commissions of judges
Article V. The Judiciary Section 18.
Compensation of judges; disqualification
Article V. The Judiciary Section 19.
Residence of judges
Article V. The Judiciary Section 20.
Chancery powers of courts of common pleas
Article V. The Judiciary Section 21.
No extra judicial duties for judges
Article V. The Judiciary Section 22.
Separate orphans’ courts; register of wills to be clerk thereof; accounts therein to be audited by courts
Article V. The Judiciary Section 24.
Review in Supreme Court in criminal cases
Article V. The Judiciary Section 25.
Vacancies in courts, how filled
Article V. The Judiciary Section 26.
Uniform laws for the courts, &c.; special courts prohibited
Article V. The Judiciary Section 28.
Training course for minor judiciary
Article V. The Judiciary
The Judiciary
Article V. The Judiciary Section 1.
Unified judicial system
Article V. The Judiciary Section 2.
Supreme Court
Article V. The Judiciary Section 3.
Superior Court
Article V. The Judiciary Section 4.
Commonwealth Court
Article V. The Judiciary Section 5.
Courts of common pleas
Article V. The Judiciary Section 6.
Community courts; Philadelphia Municipal Court and Traffic Court
Article V. The Judiciary Section 7.
Justices of the peace; magisterial districts
Article V. The Judiciary Section 8.
Other courts
Article V. The Judiciary Section 9.
Right of appeal
Article V. The Judiciary Section 10.
Judicial administration
Article V. The Judiciary Section 11.
Judicial districts; boundaries
Article V. The Judiciary Section 12.
Qualifications of justices, judges and justices of the peace
Article V. The Judiciary Section 13.
Election of justices, judges and justices of the peace; vacancies
Article V. The Judiciary Section 14.
Judicial Qualifications Commission
Article V. The Judiciary Section 15.
Tenure of justices, judges and justices of the peace
Article V. The Judiciary Section 16.
Compensation and retirement of justices, judges and justices of the peace
Article V. The Judiciary Section 17.
Prohibited activities
Article V. The Judiciary Section 18.
Suspension, removal, discipline and other sanctions
Article V. The Judiciary
Article V. The Judiciary Section 1.
The Supreme Court
Article V. The Judiciary Section 2.
The Superior Court
Article V. The Judiciary Section 3.
Commonwealth Court
Article V. The Judiciary Section 4.
The courts of common pleas
Article V. The Judiciary Section 5.
Orphans' court judges
Article V. The Judiciary Section 6.
Courts of common pleas in multi-county judicial districts
Article V. The Judiciary Section 7.
Community courts
Article V. The Judiciary Section 8.
Justices, judges and justices of the peace
Article V. The Judiciary Section 9.
Associate judges
Article V. The Judiciary Section 10.
Retention election of present justices and judges
Article V. The Judiciary Section 11.
Selection of president judges
Article V. The Judiciary Section 12.
Magistrates, aldermen and justices of the peace
Article V. The Judiciary Section 13.
Magisterial districts
Article V. The Judiciary Section 14.
Magisterial districts
Article V. The Judiciary Section 15.
Prothonotaries, clerks of courts, clerks of orphans' courts
Article V. The Judiciary Section 16.
Courts and judges
Article V. The Judiciary Section 17.
Courts
Article V. The Judiciary Section 18.
Judges
Article V. The Judiciary Section 19.
President judges
Article V. The Judiciary Section 20.
President judges; court divisions
Article V. The Judiciary Section 21.
Inferior courts
Article V. The Judiciary Section 22.
Causes, proceedings, books and records
Article V. The Judiciary Section 23.
Judicial Qualifications Commission
Article V. The Judiciary Section 24.
Judicial inquiry and review board
Article V. The Judiciary Section 25.
Dispensing with trial by jury
Article V. The Judiciary Section 26.
Writs of certiorari
Article V. The Judiciary Section 27.
Judicial districts
Article V. The Judiciary Section 28.
Referendum
Article V. The Judiciary Section 29.
Persons specially admitted by local rules
1968
Fifth Constitutional Convention and the 1968 “Constitution”
The constitutional convention approved by voters in 1967 only had three months to complete its work; this led to long or late meetings to meet report deadlines. Some lawyers suggested that the convention was not limited to the topics outlined by the enabling act; however, “[e]arly in the convention . . . it became clear that the body would limit itself strictly to the issues listed in the enabling act.” The convention president declared proposals that strayed outside the bounds of the enabling act out of order, including a proposal that would have permitted the use of state money to support non-public schools.
The convention produced seven proposed changes to the constitution. The convention presented these changes to voters as five separate questions, rather than a single question of whether to adopt a new constitution. The first question provided for 50 state senators and 203 state representatives and created a bipartisan state legislative reapportionment commission. The second established a limit on the legislature’s borrowing authority and required that appropriations be limited to the revenues available for that fiscal year. The third replaced a system of local taxation on public utilities with a state tax, the revenues of which would be distributed to local governments, and permitted the legislature to create exemptions to certain local taxes only if the local government was reimbursed for the lost tax revenue. The fourth gave all units of local government the right to adopt home rule. The fifth created a unified judicial system, which included an intermediate appellate court.
Voters approved all five questions, ratifying the seven proposals adopted by the delegates. Although submitted and approved as amendments, the legislature eventually passed a statute in 1972 directing that the 1874 Constitution, as amended up to 1968, “shall be known and may be cited as the ‘Constitution of 1968.’” Similarly, the constitution as it stood after the amendments of 1838 is commonly referred to as the “Constitution of 1838.” Accordingly, Pennsylvania is generally considered to have had five constitutions even though only three were originally passed as new constitutions.
Convention President Lieutenant Governor Raymond J. Broderick. Administrative Office of the United States Courts.
In 1968 the Constitution was Changed 48 Times
Article II. The Legislature
Schedule
Article IX. Taxation and Finance Section 1.
Uniformity of taxation
Article IX. Taxation and Finance Section 2.
Exemptions and special provisions
Article IX. Taxation and Finance Section 1B.
Reciprocal exemptions
Article IX. Taxation and Finance Section 4.
Public utilities
Article IX. Taxation and Finance Section 2.
Exemption from taxation restricted
Article IX. Taxation and Finance Section 3.
Taxation of corporations
Article IX. Taxation and Finance Section 7.
Commonwealth indebtedness
Article IX. Taxation and Finance Section 6.
Commonwealth credit not to be pledged
Article IX. Taxation and Finance Section 9.
Municipal debt not to be assumed by commonwealth
Article IX. Taxation and Finance Section 10.
Audit
Article IX. Taxation and Finance Section 18.
Gasoline taxes and motor license fees restricted
Article IX. Taxation and Finance Section 12.
Governor’s budgets and financial plan
Article IX. Taxation and Finance Section 13.
Appropriations
Article IX. Taxation and Finance Section 14.
Surplus
Article IX. Taxation and Finance Section 24.
Project "70"
Article IX. Taxation and Finance Section 25.
Land and Water Conservation and Reclamation Fund
Article IX. Local Government
Local Government
Article IX. Local Government Section 1.
Local government
Article IX. Local Government Section 2.
Home rule
Article IX. Local Government Section 4.
County government
Article IX. Local Government Section 5.
Intergovernmental cooperation
Article IX. Local Government Section 6.
Area government
Article IX. Local Government Section 7.
Area-wide powers
Article IX. Local Government Section 8.
Consolidation, merger or boundary change
Article IX. Local Government Section 9.
Appropriation for public purposes
Article IX. Local Government Section 10.
Local government debt
Article IX. Local Government Section 11.
Local reapportionment
Article IX. Local Government Section 12.
Philadelphia debt
Article IX. Local Government Section 13.
Abolition of county offices in Philadelphia
Article IX. Local Government Section 14.
Definitions
Article XIII. New Counties Section 1.
Limitation of power to create counties
Article XIV. County Officers
County Officers
Article XIV. County Officers Section 1.
County officers
Article XIV. County Officers Section 2.
Election and tenure; vacancies
Article XIV. County Officers Section 3.
Residence of county officers
Article XIV. County Officers Section 4.
Offices to be kept to county town
Article XIV. County Officers Section 5.
Compensation
Article XIV. County Officers Section 6.
Accountability of municipal officers
Article XIV. County Officers Section 7.
County commissioners and auditors to be chosen by limited vote; vacancies, how filled
Article XIV. County Officers Section 8.
Abolition of county offices in Philadelphia
Article XV. Cities and City Charters
Cities and City Charters
Article XV. Cities and City Charters Section 1.
General laws to establish cities
Article XV. Cities and City Charters Section 2.
Municipal commissions not to incur debts except on appropriations
Article XV. Cities and City Charters Section 3.
Sinking funds in cities
Article XV. Cities and City Charters Section 4.
City of Pittsburgh Charter
Article XV. Cities and City Charters Section 5.
Acquisition of land for highway construction
Article XVIII. Future Amendments
Amendments
1967
Amendments and Calling of a Constitutional Convention
In 1967, voters approved a series of constitutional amendments in addition to a question to call a constitutional convention.
Soon after the adoption of the 1874 Constitution, “it became obvious that there were serious problems with the [constitution], and that it was insufficient to meet the problems of the new century.” Critics of the 1874 Constitution charged that the constitution’s deficiencies arose out of the constitution’s attempt to “check [the] broad powers of the legislature” by including “full limitations of a detailed, statutory nature, rather than statements of broad general principles.” Between 1900 and 1968, voters rejected six proposed constitutional conventions, with governors, attorneys general, the Pennsylvania Bar Association, members of the legislature, and other organizations calling for a convention over the years. Leading up to the 1967 vote on whether to call a convention, supporters emphasized that the proposed convention was limited by the enabling act to addressing the judiciary, local government, state finance, and redistricting, and that voters would have final approval over any convention proposals. Voters approved the question and elected delegates later that year.
The individual amendments approved in 1967 made numerous changes including:
Prohibiting legislators and state employees from holding other state or federal office that pays a salary or other kinds of renumeration
Restricting the state legislature’s power over local legislation
Providing the governor and lieutenant governor be elected jointly
Reducing the residency requirement for registering to vote and voting from one year to 90 days
Allowing amendments to be proposed by a single legislative session in times of emergency
Prohibiting the legislature from delegating the power of making or supervising municipal improvements or assets to special commissions or private corporations or associations
Senate Chamber, Pennsylvania State Capitol Building. Bestbudbrian.
In 1967 the Constitution was Changed 94 Times
Article I. Declaration of Rights Section 15.
Special criminal tribunals
Article I. Declaration of Rights Section 19.
Attainder limited
Article I. Declaration of Rights Section 25.
Emigration permitted
Article I. Declaration of Rights Section 25.
Reservation of powers in people
Article I. Declaration of Rights Section 26.
No discrimination by Commonwealth and its political subdivisions
Article II. The Legislature Section 4.
Sessions
Article II. The Legislature Section 6.
Disqualification to hold other office
Article III. Legislation Section 2.
Reference to committee; printing
Article III. Legislation Section 3.
Form of bills
Article III. Legislation Section 4.
Consideration of bills
Article III. Legislation Section 7.
Notice of local and special bills
Article III. Legislation Section 8.
Signing of bills
Article III. Legislation Section 9.
Action on concurrent orders and resolutions
Article III. Legislation Section 10.
Revenue bills
Article III. Legislation Section 11.
Appropriation bills
Article III. Legislation Section 12.
Public printing
Article III. Legislation Section 12.
Legislation designated by Governor at special sessions
Article III. Legislation Section 13.
Vote denied members with personal interest
Article III. Legislation Section 14.
Public school system
Article III. Legislation Section 15.
Public school money not available to sectarian schools
Article III. Legislation Section 16.
National Guard to be organized and maintained
Article III. Legislation Section 17.
Appointment of legislative officers and employees
Article III. Legislation Section 18.
Compensation laws allowed to General Assembly
Article III. Legislation Section 19.
Appropriations for support of widows and orphans of persons who served in the armed forces
Article III. Legislation Section 20.
Classification of municipalities
Article III. Legislation Section 21.
Land title registration
Article III. Legislation Section 22.
Investment of trust funds
Article III. Legislation Section 22.
State purchases
Article III. Legislation Section 24.
No obligation of corporations to the State to be released, etc.
Article III. Legislation Section 24.
Paying out public moneys
Article III. Legislation Section 25.
Emergency seats of government
Article III. Legislation Section 26.
Extra compensation prohibited; claims against the Commonwealth; pensions
Article III. Legislation Section 27.
No State inspectors of merchandise
Article III. Legislation Section 27.
Changes in term of office or salary prohibited
Article III. Legislation Section 28.
Change of permanent location of State Capital
Article III. Legislation Section 29.
Bribery by members of legislature
Article III. Legislation Section 29.
Appropriations for public assistance, military service, scholarships
Article III. Legislation Section 30.
Bribery of members of General Assembly and officers
Article III. Legislation Section 30.
Charitable and Educational Appropriations
Article III. Legislation Section 31.
The offence of corrupt solicitation to be punished by fine and imprisonment
Article III. Legislation Section 31.
Delegation of certain powers prohibited
Article III. Legislation Section 31.
Delegation of certain powers prohibited
Article III. Legislation Section 32.
Witnesses to testify in cases of bribery and solicitation; punishment
Article III. Legislation Section 32.
Certain local and special laws
Article IV. The Executive Section 1.
Executive Department
Article IV. The Executive Section 3.
Terms of office of Governor; number of terms
Article IV. The Executive Section 4.
Lieutenant Governor
Article IV. The Executive Section 5.
Qualifications of Governor and Lieutenant Governor
Article IV. The Executive Section 6.
Disqualifications for offices of Governor and Lieutenant Governor
Article IV. The Executive Section 7.
Military power
Article IV. The Executive Section 8.
Appointing power
Article IV. The Executive Section 9.
Pardoning power; Board of Pardons
Article IV. The Executive Section 10.
Information from department officials
Article IV. The Executive Section 13.
When Lieutenant Governor to act as Governor
Article IV. The Executive Section 14.
Vacancy in office of Lieutenant Governor
Article IV. The Executive Section 18.
Secretary of Commonwealth
Article IV. The Executive Section 18.
Terms of office of Auditor General and State Treasurer; number of terms; eligibility of State Treasurer to become Auditor General
Article IV. The Executive Section 19.
Secretary of Internal Affairs
Article IV. The Executive Section 19.
State seal; commissions
Article IV. The Executive Section 20.
Superintendent of Public Instruction
Article VIII. Suffrage and Elections Section 1.
Qualifications of electors
Article VIII. Suffrage and Elections Section 2.
General election day
Article VIII. Suffrage and Elections Section 3.
Municipal election day; offices to be filled on election days
Article VIII. Suffrage and Elections Section 6.
Soldier voting
Article VIII. Suffrage and Elections Section 7.
Election and registration laws
Article VIII. Suffrage and Elections Section 9.
Candidate guilty of bribery, &c., disqualified from office; wilful violation of election laws to disqualify for voting
Article VIII. Suffrage and Elections Section 12.
Viva voce elections
Article VIII. Suffrage and Elections Section 13.
Residence of voters not gained or lost in certain cases
Article VIII. Suffrage and Elections Section 14.
Election officers
Article VIII. Suffrage and Elections Section 15.
Disqualifications for service as election officer
Article VIII. Suffrage and Elections Section 16.
Courts of common pleas may appoint overseers of elections; overseers may decide questions of difference
Article VIII. Suffrage and Elections Section 17.
Contested elections
Article VIII. Suffrage and Elections Section 18.
Absentee voting by disabled war veterans
Article VIII. Suffrage and Elections Section 19.
Absentee voting
Article IX. Taxation and Finance Section 25.
Land and Water Conservation and Reclamation Fund
Article X. Education
Education
Article X. Education Section 3.
Women eligible to school offices
Article XI. Militia
Militia
Article XV. Cities and City Charters
Cities and City Charters
Article XVII. Railroads and Canals
Railroads and Canals
Article XVII. Railroads and Canals Section 1.
Railroads and canals, public highways; may be constructed; shall have connections and use of connecting roads
Article XVII. Railroads and Canals Section 2.
Railroad and canal companies to keep offices in the State
Article XVII. Railroads and Canals Section 3.
Discrimination in charges for freight and passengers prohibited
Article XVII. Railroads and Canals Section 4.
Consolidation with competing companies prohibited; officers of companies not to be officers of competing companies
Article XVII. Railroads and Canals Section 5.
Common carrier corporations not to engage in mining, manufacturing, etc.
Article XVII. Railroads and Canals Section 6.
Officers, etc., of companies not to engage in transportation business
Article XVII. Railroads and Canals Section 7.
No discrimination in charges to transporters
Article XVII. Railroads and Canals Section 8.
Free passes on railroads prohibited
Article XVII. Railroads and Canals Section 9.
Passenger railroads not be constructed without consent of municipal authorities
Article XVII. Railroads and Canals Section 10.
Acceptance of this article by corporations
Article XVII. Railroads and Canals Section 11.
Duties of Auditor General as to companies transferred to Secretary of Internal Affairs
Article XVII. Railroads and Canals Section 12.
Enforcement of this Article
Article XVIII. Future Amendments Section 1.
Proposal of amendments by the General Assembly and their adoption
Article XVIII. Future Amendments
Amendments
In 1966 the Constitution was Changed 27 Times
Article V. The Judiciary Section 28.
Training course for minor judiciary
Article VI. Impeachment and Removal from Office
Public Officers
Article VI. Impeachment and Removal from Office Section 1.
Selection of officers not otherwise provided for in Constitution
Article VI. Impeachment and Removal from Office Section 2.
Incompatible offices
Article VI. Impeachment and Removal from Office Section 3.
Oath of office
Article VI. Impeachment and Removal from Office Section 1.
Power of impeachment
Article VI. Impeachment and Removal from Office Section 2.
Trial of impeachments
Article VI. Impeachment and Removal from Office Section 3.
Officers liable to impeachment
Article VI. Impeachment and Removal from Office Section 4.
Removal of civil officers
Article IX. Taxation and Finance Section 8.
Municipal debts limited
Article XII. Public Officers Section 3.
Dueling disqualification for office
Article XII. Public Officers Section 3.
Dueling disqualification for office
Article XVI. Private Corporations Section 1.
Certain unused charters void
Article XVI. Private Corporations Section 2.
Certain charters to be subject to the Constitution
Article XVI. Private Corporations Section 3.
Right of eminent domain not be abridged or police power to be limited
Article XVI. Private Corporations Section 3.
Revocation, amendment and repeal of charters and corporation laws
Article XVI. Private Corporations Section 4.
Cumulative voting in stockholder elections
Article XVI. Private Corporations Section 4.
Compensation for property taken by corporations under right of eminent domain
Article XVI. Private Corporations Section 5.
Foreign corporations
Article XVI. Private Corporations Section 6.
Corporations not to engage in business unauthorized by their charters
Article XVI. Private Corporations Section 7.
The fictitious increase of stocks or bonds forbidden
Article XVI. Private Corporations Section 8.
The taking and injury of private property to be compensated; appeals from assessment of damages
Article XVI. Private Corporations Section 9.
Bank notes or bills to be secure
Article XVI. Private Corporations Section 10.
Repeal of charter authorized; no law to create, &c., more than one charter.
Article XVI. Private Corporations Section 11.
Notice of bills to create banks; bank charters limited to twenty years
Article XVI. Private Corporations Section 12.
Regulation of telegraph lines
Article XVI. Private Corporations Section 13.
The word “corporation” defined
In 1965 the Constitution was Changed 2 Times
In 1959 the Constitution was Changed 2 Times
In 1958 the Constitution was Changed 1 Time
1957
Absentee Voting Due to Illness or Absence
In 1957, voters approved a constitutional amendment that authorized the legislature to pass statutes allowing individuals who could not be present at a polling place because their “duties, occupation or business require them to be elsewhere” or because of “illness or physical disability” to vote absentee. The legislature did not pass a statute under this new authority until 1963, when, for the first time, the absentee vote was expanded to include individuals who were not active-duty service members or veterans. In 1967, another amendment authorized the legislature to provide for absentee voting for those who could not vote in person due to observance of a religious holiday or election day duties.
For more information on absentee voting, see 1864 and 1949.
The north side of Independence Hall in Philadelphia. Mys 721tx.
In 1957 the Constitution was Changed 2 Times
In 1956 the Constitution was Changed 1 Time
In 1955 the Constitution was Changed 1 Time
In 1953 the Constitution was Changed 1 Time
In 1951 the Constitution was Changed 2 Times
1949
Absentee Voting for Veterans Receiving Out-of-State Medical Treatment
In an effort to provide veterans with greater access to the franchise, voters approved an amendment adding a section to Article VIII providing for an expansion of absentee voting for veterans who are “unavoidably absent from the State or county of their residence because of their being bedridden or hospitalized due to illness or physical disability contracted or suffered in connection with . . . their military service.” This provision was amended again in 1953 to clarify that veterans could establish their physical incapacitation, and thereby qualify to vote absentee, either by an affidavit or by the certification of a physician, hospital, or other authenticated source.
For more information on absentee voting, see 1864 and 1957.
Angel of the Resurrection, the bronze sculpture featured in the Pennsylvania Railroad World War II Memorial. Difference engine.
In 1949 the Constitution was Changed 2 Times
In 1945 the Constitution was Changed 4 Times
Article VIII. Suffrage and Elections Section 14.
Election boards; clerks; vacancies; privileges of election officers
Article IX. Taxation and Finance Section 18.
Gasoline taxes and motor license fees restricted
Article IX. Taxation and Finance Section 21.
Authorized for special purposes
Article XIV. County Officers Section 1.
County officers
In 1943 the Constitution was Changed 1 Time
In 1937 the Constitution was Changed 1 Time
1933
Elimination of Poll Tax
Although poll taxes were primarily adopted by Southern states to disenfranchise former slaves, some Northern states, including Pennsylvania, also adopted a poll tax. Pennsylvania first established a poll tax in 1865 and later included the provision in the 1874 Constitution. The practice continued until 1933 when voters approved an amendment to the constitution removing the poll tax provision. Nationwide, the practice persisted until 1966, when the U.S. Supreme Court held that poll taxes in all elections were unconstitutional.
In 1933 the Constitution was Changed 10 Times
Article III. Legislation Section 18.
Appropriations for charitable purposes, etc., limited
Article III. Legislation Section 22.
Investment of trust funds
Article VIII. Suffrage and Elections Section 1.
Qualifications of voters
Article IX. Taxation and Finance Section 16.
Soldiers' bonus
Article IX. Taxation and Finance Section 16.
Toll bridges
Article IX. Taxation and Finance Section 17.
Authorization of State to borrow money
Article IX. Taxation and Finance Section 19.
Special assessment for transit facilities in Philadelphia
Article XV. Cities and City Charters Section 4.
Consolidation in Allegheny County
Article XV. Cities and City Charters Section 5.
Acquisition of land for highway construction
Article XVII. Railroads and Canals Section 3.
Discrimination in charges for freight and passengers prohibited
In 1928 the Constitution was Changed 4 Times
1924
Five-Year Prohibition on Submitting Amendments and Voters’ Authority to Amend the Constitution
The 1838 and 1874 Constitutions contained a provision specifying that “no amendment or amendments shall be submitted oftener than once in five years.” However, the legislature and secretary of state often ignored this prohibition, resulting in amendments appearing on the ballot in intervals less than five years. The validity of these amendments and this practice went unchallenged until 1924, when a lawsuit was brought seeking to prevent the secretary of state from submitting an amendment to voters when there had been constitutional amendments on the ballot just the year before. The Pennsylvania Supreme Court affirmed the five-year prohibition, rejecting the state’s argument that the prohibition was on resubmitting the same amendment to voters more than once every five years. However, the court also held that any amendments that were already ratified would remain in effect despite the procedural defect because otherwise “the will of the people of the state would be defeated by an unimportant accident over which they had no control.”
Thirteen years later, the court reconsidered this ruling. The court reversed course and ruled that the five-year prohibition applied only to resubmitting amendments that had previously been rejected by voters. In part, the court reasoned that the earlier, more rigid interpretation resulted in “a large number of amendments being submitted at one time, which the people cannot carefully consider.”
In 1923 the Constitution was Changed 4 Times
Article III. Legislation Section 34.
Classification of counties, cities, boroughs, school districts and townships
Article IX. Taxation and Finance Section 1.
Taxes to be uniform; exemptions
Article IX. Taxation and Finance Section 4.
Power to make debts
Article XVII. Railroads and Canals Section 8.
Free passes on railroads prohibited
1922
Legislative Ability to Authorize Home Rule for Municipalities
The Progressive movement championed a number of reforms including constitutional home rule. Home rule transfers authority over municipal governance from a state legislature to a local charter, subject to restrictions imposed by the state’s statutes or constitution. The movement grew out of concerns that the legislature was not only less effective at addressing local problems, but that it was abusing its power to interfere in local matters.
Missouri was the first state to adopt constitutional home rule in 1875. Pennsylvania followed nearly four decades later when, in 1922, voters ratified an amendment allowing the legislature to grant cities the right to adopt home rule charters. However, the legislature did not pass enabling legislation until 1949, when it authorized Philadelphia to adopt a home rule charter. Until 1972, no other municipality had the right to adopt a true home rule charter. Instead, in 1957, the General Assembly granted third-class cities, which denotes a certain size, the option to adopt charters that included some limited home rule elements—only 17 cities opted to adopt new charters under this provision.
In 1968, voters adopted a new constitutional home rule provision guaranteeing municipalities the right to adopt home rule charters. The legislature passed a statute governing the process of adopting constitutional home rule four years later in 1972. As of 2025, there are ninety-one jurisdictions that have adopted home rule charters.
Scranton City Hall Building. Daniel Case.
In 1922 the Constitution was Changed 1 Time
1920
Women’s Suffrage
The women’s suffrage movement in Pennsylvania dates back as early as the 1830s, when Lucretia Mott founded the Philadelphia Female Anti-Slavery Society, an integrated organization that advocated both for abolitionist and women’s causes. In 1871, Carrie Burnham Kilgore, who would go on to become the first woman admitted to the bar in the Commonwealth, attempted to vote in a city and county election in Philadelphia. Upon being denied, Burnham took her case to the Pennsylvania Supreme Court. The court held that “freeman,” the term used in the constitution’s voter qualifications provision, did not include women. Two years later, the 1873 Constitutional Convention adopted a new version of the provision that explicitly limited the franchise to men.
In the early 1910s, as the women’s suffrage movement gained national traction, suffragists led renewed efforts to enshrine women’s suffrage in the Pennsylvania Constitution. These efforts culminated in the legislature passing the Women’s Suffrage Amendment in 1915. Despite the advocacy of the suffragists, the voters rejected the Women’s Suffrage Amendment. Pennsylvania women did not gain the right to vote until ratification of the Nineteenth Amendment to the U.S. Constitution in 1920.
Seal of the Philadelphia Female Anti-Slavery Society. Unknown.
In 1920 the Constitution was Changed 2 Times
In 1918 the Constitution was Changed 2 Times
1915
Worker’s Compensation
As industrialization proliferated in the late 19th and early 20th century, workplace accidents became increasingly commonplace. Existing tort law was insufficient to address the harms being sustained by workers. Other countries and states established systems of worker compensation beginning in the 1880s. Following the publication of the Pittsburgh Survey, which documented 526 workplace deaths in a single year in Allegheny County, Governor John K. Tener established the Industrial Accidents Commission in 1911 to monitor deaths and injuries that could be attributed to industrial accidents, which contributed to growing public pressure to pass a worker’s compensation law.
However, the legislature struggled to pass a worker’s compensation law. In 1913, the bill stalled out in the senate before being subjected to a series of amendments, advocated for by industrial organizations, that rendered the bill ineffectual. The house refused to agree to the amendments and the bill died in conference. Nonetheless, the legislature did manage to pass a resolution to propose an amendment to the constitution authorizing the creation of a worker’s compensation system and a bill reauthorizing the Industrial Accidents Commission. However, before the proposed amendment could go to voters, it needed to be passed by a second session of the legislature.
During that second session, in 1914, the Industrial Accidents Commission issued a bulletin describing the results of worker’s compensation laws in other states. The bulletin found that states with worker’s compensation laws saw fewer industrial accidents and less litigation between employers and employees. Based on the findings and recommendations of the commission, the legislature then passed a series of bills establishing a system of worker’s compensation in June 1915. In a roundabout manner, the legislature also passed the proposed amendment, and, five months after the passage of those worker’s compensation bills, voters approved the proposed constitutional amendment even though the legislature had already exercised the authority outlined by the amendment.
Steelworkers at work at the Homestead Steel Plant. Carnegie Library of Pittsburgh.
In 1913 the Constitution was Changed 2 Times
In 1912 the Constitution was Changed 1 Time
In 1911 the Constitution was Changed 1 Time
In 1909 the Constitution was Changed 11 Times
Article IV. The Executive Section 8.
Appointing power
Article IV. The Executive Section 21.
Terms of heads of departments
Article V. The Judiciary Section 11.
Justices of the peace and aldermen
Article V. The Judiciary Section 12.
Magistrates in Philadelphia
Article VIII. Suffrage and Elections Section 2.
General elections
Article VIII. Suffrage and Elections Section 3.
Municipal elections
Article XII. Public Officers Section 1.
Selection of public officers
Article XIV. County Officers Section 2.
Election and tenure; vacancies
Article XIV. County Officers Section 7.
County commissioners and auditors to be chosen by limited vote; vacancies, how filled
Schedule No. 2
Schedule No. 2
Schedule No. 2 Section 1.
Adjustments of terms of public officers
1901
Voter Qualification and Amendments to the Method of Election
Pennsylvania voters approved an amendment in 1901 making several changes to the suffrage and elections article. It added a voter registration requirement, gave the General Assembly authority to enact laws governing voter registration, and mandated that such laws be uniform. It also made a change to the constitutionally prescribed method of election. Where previously the constitution required that “[a]ll elections…shall be by ballot,” the amended text provided that elections be by ballot “or by such other method as may be prescribed by law: Provided, [t]hat secrecy in voting be preserved.” This provisions continues to be at the center of disputes over the constitutionality of mail-in voting in Pennsylvania.
Voters in Philadelphia wait in line to cast their ballots. VOA.
In 1901 the Constitution was Changed 3 Times
1874
Fourth Constitutional Convention
Calls for a constitutional convention seemed to “emerge[] quite suddenly” in 1870. However, dissatisfaction with the legislature had been fomenting for some time. There were three unsuccessful attempts to call a constitutional convention in 1867, 1868, and 1869. Critics had raised concerns about the legislature’s practice of enacting hundreds of local and private bills without real examination, often during the final days of the legislative session and against the objections of local residents impacted by these laws. In some cases, the arrangements were alleged to be part of “sweetheart deals” meant to enrich legislators and their business associates. Then-Governor John Geary asserted that this practice “had almost destroyed the theory of representative government.” At the governor’s urging, the legislature finally passed a bill in 1871 putting the question of a constitutional convention to a vote.
Pennsylvanians voted in favor of the constitutional convention and later approved the constitution generated by the convention, resulting in the Constitution of 1874. This new constitution made several changes to the legislature, including increasing its size to limit the effect of bribing any one legislator. The constitution also put limits and requirements on the legislature to constrain its lawmaking powers. For example, the subject of each bill had to be clearly stated in the title, and no bill could be altered during its passage to change its purpose. Furthermore, every bill would now need to be read to the chamber on three separate days, and the presiding officer of each chamber was required to sign each bill in the presence of the members of that chamber. The new constitution also limited the ability of the legislature to grant special favors to corporations and business associates through the grant of municipal improvement contracts. In a final check on the legislature, the constitution authorized the governor to issue line-item vetoes and increased the necessary majority to override a gubernatorial veto to two-thirds in each chamber.
House chamber in the Pennsylvania State Capitol in Harrisburg, Pennsylvania. Ruhrfisch.
In 1874 the Constitution was Changed 1 Time
In 1872 the Constitution was Changed 1 Time
1864
Absentee Voting for Active-Duty Military Members
In 1861, a group of Pennsylvanian soldiers fighting in the American Civil War voted absentee for Luzerne County district attorney. These soldiers voted pursuant to the Military Absentee Act of 1839, but their votes, and the 1839 law, were challenged for failure to conform to the constitutional requirement that voters present themselves in person to vote. The Pennsylvania Supreme Court agreed, striking down the 1839 law as unconstitutional and excluding the soldiers’ votes from the count. In response, the legislature proposed, and voters approved, an amendment allowing soldiers serving in the military to vote absentee.
For more information on absentee voting, see 1949 and 1957.
Drum Corps of the 30th Pennsylvania Infantry. United States.
In 1864 the Constitution was Changed 3 Times
In 1857 the Constitution was Changed 14 Times
Article I. Section II.
Of the election of representatives
Article I. Section IV.
Of the periods of enumeration and the ratio of representation
Article I. Section V.
Of the election of senators
Article I. Section VII.
Of districts for electing senators
Article I. Section XXVI.
Alteration or revocation of charters
Article XI.
Article XI. Section I.
For what the state may contract debts
Article XI. Section II.
War debts
Article XI. Section III.
Other debts prohibited
Article XI. Section IV.
A sinking fund to be create
Article XI. Section V.
Credit not to be loaned
Article XI. Section VI.
Prohibited from assuming debts
Article XI. Section VII.
Counties, &c., prohibited from being stockholders, &c
Article XII. Of New Counties
Of New Counties
1850
Popular Election of Judges
The 1838 Constitution limited the power of the executive but concerns about executive influence over the judiciary persisted. With the rise of Jacksonian Democracy came the push for direct election of all government officials, including judges. This movement culminated in a constitutional amendment that provided for the popular, partisan election of all Pennsylvania state court judges. The amendment also removed the governor’s discretion to reject the legislature’s decision to remove judges following a two-thirds majority vote by both chambers of the legislature. If the legislature voted to remove a judge, the governor was required to follow the legislature’s recommendation.
The original Pennsylvania Supreme Court in Independence Hall. Scu Ba.
In 1850 the Constitution was Changed 1 Time
In 1839 the Constitution was Changed 53 Times
Article I. Section III.
Of the qualification of representatives
Article I. Section V.
Of the election of senators
Article I. Section VII.
Of districts for electing senators
Article I. Section VIII.
Of the qualification of senators
Article I. Section IX.
Of classing the senators
Article I. Section X.
Of the meeting of the general assembly
Article I. Section XIV.
Divorce
Article I. Section XIV.
Journals
Article I. Section XV.
Open sessions
Article I. Section XVI.
Of adjournments
Article I. Section XVII.
Of the compensation and privileges of members
Article I. Section XVIII.
Of the disqualifications of members
Article I. Section XIX.
Vacancies
Article I. Section XX.
Of revenue bills
Article I. Section XXI.
Of the treasury
Article I. Section XXII.
Of the proceedings upon bills
Article I. Section XXIII.
Orders, resolutions, and votes
Article I. Section XXV.
Notice of bills to create banks, bank charters limited to twenty years
Article II. Section III.
Of his continuance in office
Article II. Section VIII.
Of his general powers and duties
Article II. Section XIV.
In case of death, the Speaker of the Senate shall exercise his office, &c
Article II. Section XV.
Of the Secretary of the Commonwealth
Article III. Section I.
Elective franchise
Article V. Section II.
Of the supreme court, its judges
Article V. Section III.
Of courts of common pleas
Article V. Section IV.
Supreme court, jurisdiction
Article V. Section XI.
Of registers and recorders
Article V. Section XII.
Of the style of process, &c
Article VI. Section I.
Of sheriffs and coroners
Article VI. Section II.
Of the militia
Article VI. Section III.
Public officers appointment and election
Article VI. Section III.
Location of offices
Article VI. Section IV.
Of commissions
Article VI. Section V.
Of the appointment of the treasurer, &c
Article VI. Section VII.
Of justices of the peace
Article VI. Section VIII.
Election offices, prohibitions
Article VI. Section IX.
Official terms
Article VI. Section X.
Dueling
Article VII. Section IV.
Compensation for property taken by corporations under right of eminent domain
Article X. Amendments How Made
Amendments How Made
Schedule
Schedule
Schedule Section I.
Former laws
Schedule Section II.
Amendments when to take effect
Schedule Section III.
Articles unaltered to remain as heretofore
Schedule Section IV.
First general assembly
Schedule Section V.
Executive inauguration
Schedule Section VI.
Expiration of commissions of judges supreme court
Schedule Section VII.
Expiration of commissions of president judges
Schedule Section VIII.
Recorders, mayors courts, &c
Schedule Section IX.
Classification of associate judges
Schedule Section X.
Election public officers
Schedule Section XI.
Appointing power as heretofore
Schedule Section XII.
First election of aldermen and justices of the peace
1838
Third Constitutional Convention and Formalized Amendment Procedure
Although the 1790 convention created a more effective form of government, Pennsylvanians soon feared that the executive branch had been made too powerful. Eventually, this discontent led to calls for a third constitutional convention, which was authorized by the General Assembly in 1836. The convention met beginning in mid-1837 and continued into 1838.
The convention proposed a series of changes to the 1790 Constitution to limit the power of all three branches of government. As ratified, the 1790 Constitution gave the governor the authority to appoint all officers created by constitution or statute. The 1838 convention proposed an amendment to require judicial appointments be made “with the advice and consent of the Senate.” Likewise, proposed amendments prohibited the legislature from granting eminent domain to corporate entities and limited its power to charter corporations. The convention also proposed eliminating life tenure for judges in favor of fixed-length terms.
In addition to the structural changes to the Pennsylvania government, delegates proposed amendments to explicitly restrict the franchise to the delegates “white freemen.” This followed extensive debate that grew out of the atmosphere of increasing racial tension and violence against Black community members in the years preceding the convention. This limitation persisted until the ratification of the Fifteenth Amendment to the United States Constitution in 1870.
Notably, the convention formalized a procedure for amending the constitution. The legislature could now propose constitutional amendments by a simple majority in both chambers in two successive sessions. Voters could then approve or reject the proposal, also by a majority vote.
These amendments were presented to voters as a single package and were ratified by a margin of just over three thousand votes. Although the resulting document was originally referred to as the “Constitution of the Commonwealth of Pennsylvania as amended by the Convention of 1837-38,” the version of the constitution established by the 1838 amendments is frequently referred to as the Constitution of 1838. However, this practice is not universal.
Musical Fund Hall, meeting place of the convention in 1837-38. Smallbones.
1790
Pennsylvania’s Second Constitutional Convention
Problems arose soon after the state adopted its first constitution. Without meaningful checks on the legislature’s power, the legislature was able to set aside jury verdicts, overrule judicial decisions, confiscate property without due process, and enforce an oath of allegiance that barred individuals with certain religious beliefs from voting, serving on juries, holding office, seeking judicial recourse for debts, buying or selling real estate, or bearing arms. Pennsylvania politics splintered over the constitution, with Constitutionalists supporting the form of government established by the 1776 Constitution and Republicans, later Federalists, opposing it.
After the Federalists rose to power in the late 1780s, the Pennsylvania General Assembly adopted a resolution calling for a second constitutional convention. The proposed constitution drafted by the 1790 convention replaced the form of government established by the first constitution with a system of government that resembles the basic structure of Pennsylvania’s government today.
Political cartoon from 1787 depicting artisans defending the constitution against the wealthy. Popular Graphic Arts.
