Pennsylvania Constitution: The Supreme Law of the Commonwealth
The Constitution of the Commonwealth of Pennsylvania serves as the supreme legal authority within the state. Every action taken by the governor, the General Assembly (the state's legislative body), and all governmental agencies is subordinate to the mandates set forth in this foundational document.
Since the state's inception in 1776, Pennsylvania has evolved its governing framework through five distinct versions of its constitution. This evolution occurred through a series of constitutional conventions—formal gatherings of delegates tasked with drafting or revising the state's fundamental law.
A History of Constitutional Evolution
Pennsylvania's legal landscape has been shaped by five separate constitutional conventions. These gatherings ensured that the state's governing documents evolved to meet the changing needs of its citizens over nearly two and a half centuries.
- 1776: The first constitution was established.
- 1789–90: The second convention revised the state's framework.
- 1837–38: The third convention updated the laws.
- 1872–73: The fourth convention restructured the government.
- 1967–68: The fifth and current convention took place.
The current Constitution entered into force in 1968. While it remains the active governing document, it has been amended numerous times to reflect modern legal requirements and societal changes.
Key Facts
- The Constitution is the highest law in Pennsylvania, overriding all other state acts and agencies.
- The current version of the Constitution was adopted in 1968.
- Pennsylvania has held five constitutional conventions since 1776.
- Standard amendments require approval from two consecutive sessions of the General Assembly and a public vote.
- Emergency amendments require a two-thirds legislative vote and a public referendum within one month.
The Process of Amendment
Because the Constitution is the supreme law, changing it requires a rigorous process to ensure broad consensus. There are two primary pathways for modification: standard amendments and emergency amendments.
Standard Amendments
For a typical modification to be adopted, a proposed amendment must first receive a majority vote in two consecutive sessions of the General Assembly. Once this legislative hurdle is cleared, the proposal must be approved by the electorate through a public vote.
Emergency Amendments
In urgent situations, the state allows for emergency amendments. These require a two-thirds vote of the General Assembly and an affirmative vote from the electorate within one month. To ensure transparency, election officials must publish notice of the referendum in at least two newspapers in every county. If multiple emergency amendments are proposed, each must be voted on separately.
| Feature | Standard Amendment | Emergency Amendment |
|---|---|---|
| Legislative Requirement | Majority vote in two consecutive sessions | Two-thirds vote of the General Assembly |
| Public Approval | Approved by the electorate | Affirmative vote by electorate within one month |
| Notification | Standard procedure | Notice in minimum of two newspapers per county |
| Handling Multiple Proposals | Standard procedure | Each voted on separately |
Frequently Asked Questions
What is the supreme law of Pennsylvania?
The Constitution of the Commonwealth of Pennsylvania is the supreme law, meaning all acts of the governor, the General Assembly, and governmental agencies are subordinate to it.
When was the current Pennsylvania Constitution adopted?
The current Constitution entered into force in 1968 following the constitutional convention held between 1967 and 1968.
How many times has Pennsylvania rewritten its constitution?
Pennsylvania has had five versions of its constitution, resulting from conventions in 1776, 1789–90, 1837–38, 1872–73, and 1967–68.
What is required for a standard constitutional amendment?
A standard amendment requires a majority vote from two consecutive sessions of the General Assembly and subsequent approval by the electorate.
How are emergency amendments handled differently?
Emergency amendments require a higher legislative threshold (two-thirds vote), a faster public voting window (one month), and specific newspaper notification requirements in every county.