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.
 

1780
1790
1800
1810
1820
1830
+33
1840
1850
1860
1870
1880
1890
1900
1910
1920
1930
1940
1950
1960
+16
+102
+47
+56
1970
1980
1990
2000
2010
2020

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.

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.

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

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.

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.

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.

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 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 67 Times

Article II. The Legislature

Schedule

Article VIII. Taxation and Finance
Section 1.

Uniformity of taxation

Article VIII. Taxation and Finance
Section 2.

Exemptions and special provisions

Article VIII. Taxation and Finance
Section 3.

Reciprocal exemptions

Article VIII. Taxation and Finance
Section 4.

Power to make debts

Article VIII. Taxation and Finance
Section 4.

Public utilities

Article VIII. Taxation and Finance

Schedule

Article VIII. Taxation and Finance
Section 5.

Moneys borrowed to be used for purpose specified

Article VIII. Taxation and Finance
Section 5.

Exemption from taxation restricted

Article VIII. Taxation and Finance
Section 6.

Taxation of corporations

Article VIII. Taxation and Finance
Section 7.

Municipalities not to become stockholders, etc.

Article VIII. Taxation and Finance
Section 7.

Commonwealth indebtedness

Article VIII. Taxation and Finance
Section 8.

Municipal debts limited

Article VIII. Taxation and Finance
Section 8.

Commonwealth credit not to be pledged

Article VIII. Taxation and Finance
Section 9.

Municipal debt not to be assumed by commonwealth

Article VIII. Taxation and Finance

Schedule

Article VIII. Taxation and Finance
Section 10.

Re-payment of municipal debts by the State

Article VIII. Taxation and Finance
Section 10.

Audit

Article VIII. Taxation and Finance
Section 11.

Sinking fund

Article VIII. Taxation and Finance
Section 11.

Gasoline taxes and motor license fees restricted

Article VIII. Taxation and Finance
Section 12.

Surplus state funds; investments

Article VIII. Taxation and Finance
Section 12.

Governor’s budgets and financial plan

Article VIII. Taxation and Finance
Section 13.

Reserve to the treasury

Article VIII. Taxation and Finance
Section 13.

Appropriations

Article VIII. Taxation and Finance
Section 14.

Surplus

Article VIII. Taxation and Finance

Schedule

Article VIII. Taxation and Finance
Section 15.

Municipal indebtedness for certain public works

Article VIII. Taxation and Finance
Section 15.

Project "70"

Article VIII. Taxation and Finance
Section 16.

Soldiers’ bonus

Article VIII. Taxation and Finance
Section 16.

Toll bridges

Article VIII. Taxation and Finance
Section 16.

Land and Water Conservation and Reclamation Fund

Article VIII. Taxation and Finance
Section 17.

Authorization of State to borrow money

Article VIII. Taxation and Finance
Section 19.

Special assessment for transit facilities in Philadelphia

Article VIII. Taxation and Finance
Section 21.

Bonds authorized for special purposes

Article VIII. Taxation and Finance
Section 22.

Soldiers' bonus

Article VIII. Taxation and Finance
Section 23.

Korean veterans’ bonus

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 IX. Local Government

Schedule

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

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 122 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 VII. Elections

Elections

Article VII. Elections
Section 1.

Qualifications of electors

Article VII. Elections
Section 2.

General election day

Article VII. Elections
Section 3.

Municipal election day; offices to be filled on election days

Article VII. Elections
Section 4.

Method of elections; secrecy in voting

Article VII. Elections
Section 5.

Electors privileged from arrest

Article VII. Elections
Section 6.

Election and registration laws

Article VII. Elections
Section 10.

Viva voce elections

Article VII. Elections
Section 11.

Election officers

Article VII. Elections
Section 12.

Disqualifications for service as election officer

Article VII. Elections
Section 13.

Contested elections

Article VII. Elections
Section 14.

Absentee voting

Article VIII. Suffrage and Elections
Section 6.

Soldier voting

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 13.

Residence of voters not gained or lost in certain cases

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 18.

Absentee voting by disabled war veterans

Article VIII. Taxation and Finance

Taxation and Finance

Article VIII. Taxation and Finance
Section 1.

Uniformity of taxation

Article VIII. Taxation and Finance
Section 1B.

Reciprocal exemptions

Article VIII. Taxation and Finance
Section 2.

Exemption from taxation restricted

Article VIII. Taxation and Finance
Section 3.

Power to tax corporations not to be surrendered

Article VIII. Taxation and Finance
Section 5.

Moneys borrowed to be used for purpose specified

Article VIII. Taxation and Finance
Section 6.

State credit not to be loaned, &c

Article VIII. Taxation and Finance
Section 7.

Municipalities not to become stockholders, etc.

Article VIII. Taxation and Finance
Section 8.

Municipal debts limited

Article VIII. Taxation and Finance
Section 9.

No assumption of municipal debts by State

Article VIII. Taxation and Finance
Section 10.

Re-payment of municipal debts by the State

Article VIII. Taxation and Finance
Section 11.

Sinking fund

Article VIII. Taxation and Finance
Section 12.

Surplus state funds; investments

Article VIII. Taxation and Finance
Section 13.

Reserve to the treasury

Article VIII. Taxation and Finance
Section 14.

Reserve not to be converted to private use

Article VIII. Taxation and Finance
Section 15.

Municipal indebtedness for certain public works

Article VIII. Taxation and Finance
Section 16.

Soldiers’ bonus

Article VIII. Taxation and Finance
Section 16.

Toll bridges

Article VIII. Taxation and Finance
Section 17.

Authorization of State to borrow money

Article VIII. Taxation and Finance
Section 18.

Gasoline taxes and motor license fees restricted

Article VIII. Taxation and Finance
Section 19.

Special assessment for transit facilities in Philadelphia

Article VIII. Taxation and Finance
Section 21.

Bonds authorized for special purposes

Article VIII. Taxation and Finance
Section 22.

Soldiers' bonus

Article VIII. Taxation and Finance
Section 23.

Korean veterans’ bonus

Article VIII. Taxation and Finance
Section 24.

Project Seventy

Article VIII. Taxation and Finance
Section 25.

Land and Water Conservation and Reclamation Fund

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 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 36 Times

Article V. The Judiciary
Section 28.

Training course for minor judiciary

Article VI. Public Officers

Public Officers

Article VI. Public Officers
Section 1.

Selection of officers not otherwise provided for in Constitution

Article VI. Public Officers
Section 2.

Incompatible offices

Article VI. Public Officers
Section 3.

Oath of office

Article VI. Public Officers
Section 4.

Power of impeachment

Article VI. Public Officers
Section 5.

Trial of impeachments

Article VI. Public Officers
Section 6.

Officers liable to impeachment

Article VI. Public Officers
Section 7.

Removal of civil officers

Article IX. Taxation and Finance
Section 8.

Municipal debts limited

Article X. Private Corporations

Private Corporations

Article X. Private Corporations
Section 1.

Certain unused charters void

Article X. Private Corporations
Section 2.

Certain charters to be subject to the Constitution

Article X. Private Corporations
Section 3.

Revocation, amendment and repeal of charters and corporation laws

Article X. Private Corporations
Section 4.

Compensation for property taken by corporations under right of eminent domain

Article XII. Public Officers
Section 3.

Dueling disqualification for office

Article XII. Public Officers
Section 3.

Dueling disqualification for office

Article XVI. Private Corporations

Private Corporations

Article XVI. Private Corporations
Section 1.

Unused charters to be

Article XVI. Private Corporations
Section 2.

No charter to be validated or amended except on condition

Article XVI. Private Corporations
Section 3.

Right of eminent domain not be abridged or police power to be limited

Article XVI. Private Corporations
Section 4.

Cumulative voting in stockholder elections

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

Article XVI. Private Corporations

Private Corporations

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.

Revocation, Amendment and Repeal of Charters and Corporation Laws

Article XVI. Private Corporations
Section 4.

Compensation for Property Taken by Corporations Under Right of Eminent Domain

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.

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

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.” 

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.

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.

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

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

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.

In 1790 the Constitution was Changed 1 Time