Constitution of Pennsylvania — PREAMBLE

preamblePennsylvania Const. PREAMBLEConstitution

Publisher edition notice: This collection preserves the complete captured General Assembly compilation, including its judiciary and constitutional schedules, amendment notices and source notes. The exact current edition has not been independently verified.

PREAMBLE
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TABLE OF CONTENTS

 

CONSTITUTION

of the

COMMONWEALTH OF PENNSYLVANIA

 

 

ARTICLE I.  DECLARATION OF RIGHTS

 

§  1.  Inherent rights of mankind.

§  2.  Political powers.

§  3.  Religious freedom.

§  4.  Religion.

§  5.  Elections.

§  6.  Trial by jury.

§  7.  Freedom of press and speech; libels.

§  8.  Security from searches and seizures.

§  9.  Rights of accused in criminal prosecutions.

§ 10.  Initiation of criminal proceedings; twice in jeopardy; eminent domain.

§ 11.  Courts to be open; suits against the Commonwealth.

§ 12.  Power of suspending laws.

§ 13.  Bail, fines and punishments.

§ 14.  Prisoners to be bailable; habeas corpus.

§ 15.  Special criminal tribunals.

§ 16.  Insolvent debtors.

§ 17.  Ex post facto laws; impairment of contracts.

§ 18.  Attainder.

§ 19.  Attainder limited.

§ 20.  Right of petition.

§ 21.  Right to bear arms.

§ 22.  Standing army; military subordinate to civil power.

§ 23.  Quartering of troops.

§ 24.  Titles and offices.

§ 25.  Reservation of powers in people.

§ 26.  No discrimination by Commonwealth and its political subdivisions.

§ 27.  Natural resources and the public estate.

§ 28.  Prohibition against denial or abridgment of equality of rights because of sex.

§ 29.  Prohibition against denial or abridgment of equality of rights because of race and ethnicity.

 

ARTICLE II.  THE LEGISLATURE

 

§  1.  Legislative power.

§  2.  Election of members; vacancies.

§  3.  Terms of members.

§  4.  Sessions.

§  5.  Qualifications of members.

§  6.  Disqualification to hold other office.

§  7.  Ineligibility by criminal convictions.

§  8.  Compensation.

§  9.  Election of officers; judge of election and qualifications of members.

§ 10.  Quorum.

§ 11.  Powers of each house; expulsion.

§ 12.  Journals; yeas and nays.

§ 13.  Open sessions.

§ 14.  Adjournments.

§ 15.  Privileges of members.

§ 16.  Legislative districts.

§ 17.  Legislative Reapportionment Commission.

 

ARTICLE III.  LEGISLATION

 

A.  PROCEDURE

 

§  1.  Passage of laws.

§  2.  Reference to committee; printing.

§  3.  Form of bills.

§  4.  Consideration of bills.

§  5.  Concurring in amendments; conference committee reports.

§  6.  Revival and amendment of laws.

§  7.  Notice of local and special bills.

§  8.  Signing of bills.

§  9.  Action on concurrent orders and resolutions.

§ 10.  Revenue bills.

§ 11.  Appropriation bills.

§ 12.  Legislation designated by Governor at special sessions.

§ 13.  Vote denied members with personal interest.

 

B.  EDUCATION

 

§ 14.  Public school system.

§ 15.  Public school money not available to sectarian schools.

 

C.  NATIONAL GUARD

 

§ 16.  National Guard to be organized and maintained.

 

D.  OTHER LEGISLATION SPECIFICALLY AUTHORIZED

 

§ 17.  Appointment of legislative officers and employees.

§ 18.  Compensation laws allowed to General Assembly.

§ 19.  Appropriations for support of widows and orphans of persons who served in the armed forces.

§ 20.  Classification of municipalities.

§ 21.  Land title registration.

§ 22.  State purchases.

§ 23.  Change of venue.

§ 24.  Paying out public moneys.

§ 25.  Emergency seats of government.

§ 26.  Extra compensation prohibited; claims against the Commonwealth; pensions.

§ 27.  Changes in term of office or salary prohibited.

 

E.  RESTRICTIONS ON LEGISLATIVE POWER

 

§ 28.  Change of permanent location of State Capital.

§ 29.  Appropriations for public assistance, military service, scholarships.

§ 30.  Charitable and educational appropriations.

§ 31.  Delegation of certain powers prohibited.

§ 32.  Certain local and special laws.

 

ARTICLE IV.  THE EXECUTIVE

 

§  1.  Executive Department.

§  2.  Duties of Governor; election procedure; tie or contest.

§  3.  Terms of office of Governor; number of terms.

§  4.  Lieutenant Governor.

§  4.1. Attorney General.

§  5.  Qualifications of Governor, Lieutenant Governor and Attorney General.

§  6.  Disqualification for offices of Governor, Lieutenant Governor and Attorney General.

§  7.  Military power.

§  8.  Appointing power.

§  9.  Pardoning power; Board of Pardons.

§ 10.  Information from department officials.

§ 11.  Messages to the General Assembly.

§ 12.  Power to convene and adjourn the General Assembly.

§ 13.  When Lieutenant Governor to act as Governor.

§ 14.  Vacancy in office of Lieutenant Governor.

§ 15.  Approval of bills; vetoes.

§ 16.  Partial disapproval of appropriation bills.

§ 17.  Contested elections of Governor, Lieutenant Governor and Attorney General; when succeeded.

§ 18.  Terms of office of Auditor General and State Treasurer; number of terms; eligibility of State Treasurer to become Auditor General.

§ 19.  State seal; commissions.

§ 20.  Disaster emergency declaration and management.

 

ARTICLE V.  THE JUDICIARY

 

§  1.  Unified judicial system.

§  2.  Supreme Court.

§  3.  Superior Court.

§  4.  Commonwealth Court.

§  5.  Courts of common pleas.

§  6.  Community courts; Philadelphia Municipal Court.

§  7.  Justices of the peace; magisterial districts.

§  8.  Other courts.

§  9.  Right of appeal.

§ 10.  Judicial administration.

§ 11.  Judicial districts; boundaries.

§ 12.  Qualifications of justices, judges and justices of the peace.

§ 13.  Election of justices, judges and justices of the peace; vacancies.

§ 14.  Judicial Qualifications Commission.

§ 15.  Tenure of justices, judges and justices of the peace.

§ 16.  Compensation and retirement of justices, judges and justices of the peace.

§ 17.  Prohibited activities.

§ 18.  Suspension, removal, discipline and other sanctions.

 

SCHEDULE TO JUDICIARY ARTICLE

 

COURTS OTHER THAN IN THE CITY OF PHILADELPHIA

AND ALLEGHENY COUNTY

 

§  1.  The Supreme Court.

§  2.  The Superior Court.

§  3.  Commonwealth Court.

§  4.  The courts of common pleas.

§  5.  Orphans' court judges.

§  6.  Courts of common pleas in multi-county judicial districts.

§  7.  Community courts.

 

JUSTICES, JUDGES AND JUSTICES OF THE PEACE

 

§  8.  Justices, judges and justices of the peace.

§  9.  Associate judges.

§ 10.  Retention election of present justices and judges.

§ 11.  Selection of president judges.

 

MAGISTRATES, ALDERMEN AND JUSTICES OF THE PEACE

AND MAGISTERIAL DISTRICTS OTHER THAN IN THE

CITY OF PHILADELPHIA

 

§ 12.  Magistrates, aldermen and justices of the peace.

§ 13.  Magisterial districts.

§ 14.  Magisterial districts.

 

PROTHONOTARIES AND CLERKS OTHER THAN IN THE

CITY OF PHILADELPHIA

 

§ 15.  Prothonotaries, clerks of courts, clerks of orphans' courts.

 

THE CITY OF PHILADELPHIA

 

§ 16.  Courts and judges.

 

ALLEGHENY COUNTY

 

§ 17.  Courts.

§ 18.  Judges.

§ 19.  President judges.

§ 20.  President judges; court divisions.

 

THE CITY OF PITTSBURGH

 

§ 21.  Inferior courts.

 

CAUSES, PROCEEDINGS, BOOKS AND RECORDS

 

§ 22.  Causes, proceedings, books and records.

 

COMMISSION AND BOARD

 

§ 23.  Judicial Qualifications Commission.

§ 24.  Judicial discipline.

 

GENERAL PROVISIONS

 

§ 25.  Dispensing with trial by jury.

§ 26.  Writs of certiorari.

§ 27.  Judicial districts.

§ 28.  Referendum.

§ 29.  Persons specially admitted by local rules.

 

ARTICLE VI.  PUBLIC OFFICERS

 

§  1.  Selection of officers not otherwise provided for in Constitution.

§  2.  Incompatible offices.

§  3.  Oath of office.

§  4.  Power of impeachment.

§  5.  Trial of impeachments.

§  6.  Officers liable to impeachment.

§  7.  Removal of civil officers.

 

ARTICLE VII.  ELECTIONS

 

§  1.  Qualifications of electors.

§  2.  General election day.

§  3.  Municipal election day; offices to be filled on election days.

§  4.  Method of elections; secrecy in voting.

§  5.  Electors privileged from arrest.

§  6.  Election and registration laws.

§  7.  Bribery of electors.

§  8.  Witnesses in contested elections.

§  9.  Fixing election districts.

§ 10.  Viva voce elections.

§ 11.  Election officers.

§ 12.  Disqualifications for service as election officer.

§ 13.  Contested elections.

§ 14.  Absentee voting.

 

ARTICLE VIII.  TAXATION AND FINANCE

 

§  1.  Uniformity of taxation.

§  2.  Exemptions and special provisions.

§  3.  Reciprocal exemptions.

§  4.  Public utilities.

§  5.  Exemption from taxation restricted.

§  6.  Taxation of corporations.

§  7.  Commonwealth indebtedness.

§  8.  Commonwealth credit not to be pledged.

§  9.  Municipal debt not to be assumed by Commonwealth.

§ 10.  Audit.

§ 11.  Gasoline taxes and motor license fees restricted.

§ 12.  Governor's budgets and financial plan.

§ 13.  Appropriations.

§ 14.  Surplus.

§ 15.  Project "70".

§ 16.  Land and Water Conservation and Reclamation Fund.

§ 17.  Special emergency legislation.

 

ARTICLE IX.  LOCAL GOVERNMENT

 

§  1.  Local government.

§  2.  Home rule.

§  3.  Optional plans.

§  4.  County government.

§  5.  Intergovernmental cooperation.

§  6.  Area government.

§  7.  Area-wide powers.

§  8.  Consolidation, merger or boundary change.

§  9.  Appropriation for public purposes.

§ 10.  Local government debt.

§ 11.  Local reapportionment.

§ 12.  Philadelphia debt.

§ 13.  Abolition of county offices in Philadelphia.

§ 14.  Definitions.

 

ARTICLE X.  PRIVATE CORPORATIONS

 

§  1.  Certain unused charters void.

§  2.  Certain charters to be subject to the Constitution.

§  3.  Revocation, amendment and repeal of charters and corporation laws.

§  4.  Compensation for property taken by corporations under right of eminent domain.

 

ARTICLE XI.  AMENDMENTS

 

§  1.  Proposal of amendments by the General Assembly and their adoption.

 

SCHEDULE NO. 1  (ADOPTED WITH THE CONSTITUTION)

 

§  1.  When to take effect.

§  2.  Former laws remain in force.

§  3.  Election of Senators.

§  4.  Election of Senators (continued).

§  5.  Election of Governor.

§  6.  Election of Lieutenant Governor.

§  7.  Secretary of Internal Affairs.

§  8.  Superintendent of Public Instruction.

§  9.  Eligibility of present officers.

§ 10.  Judges of Supreme Court.

§ 11.  Courts of record.

§ 12.  Register's courts abolished.

§ 13.  Judicial districts.

§ 14.  Decennial adjustment of judicial districts.

§ 15.  Judges in commission.

§ 16.  President judges; casting lots; associate judges.

§ 17.  Compensation of judges.

§ 18.  Courts of Philadelphia and Allegheny Counties; organization in Philadelphia.

§ 19.  Organization of courts in Allegheny County.

§ 20.  When re-organization of courts to take effect.

§ 21.  Causes pending in Philadelphia; transfer of records.

§ 22.  Causes pending in Allegheny County.

§ 23.  Prothonotary of Philadelphia County.

§ 24.  Aldermen.

§ 25.  Magistrates in Philadelphia.

§ 26.  Term of present officers.

§ 27.  Oath of office.

§ 28.  County commissioners and auditors.

§ 29.  Compensation of present officers.

§ 30.  Renewal of oath of office.

§ 31.  Enforcing legislation.

§ 32.  An ordinance declared valid.

§ 33.  City commissioners of Philadelphia.

 

SCHEDULE NO. 2  (AMENDMENTS OF NOVEMBER 2, 1909)

 

§  1.  Adjustments of terms of public officers.

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CONSTITUTION

of the

COMMONWEALTH OF PENNSYLVANIA

 

Article

Preamble

   I.  Declaration of Rights

  II.  The Legislature

 III.  Legislation

  IV.  The Executive

   V.  The Judiciary

Schedule to Judiciary Article

  VI.  Public Officers

 VII.  Elections

VIII.  Taxation and Finance

  IX.  Local Government

   X.  Private Corporations

  XI.  Amendments

       Schedule No. 1 (Adopted with the Constitution)

       Schedule No. 2 (Amendments of November 2, 1909)

 

Constitution of 1874.  The Constitution of 1874 was adopted November 3, 1873, by a Constitutional Convention which was called pursuant to the act of April 11, 1872 (P.L.53, No.42). The Constitution was ratified at a special election held December 16, 1873, and went into effect January 1, 1874. This Constitution was amended in 1901, 1909, 1911, 1913, 1915, 1918, 1920, 1922, 1923, 1928, 1933, 1937, 1943, 1945, 1949, 1951, 1953, 1955, 1956, 1957, 1958, 1959, 1961, 1963 and 1965. By statute, 1 Pa.C.S. § 906, the Constitution, as adopted by referendum of December 16, 1873, shall be known and may be cited as the Constitution of 1874.

Constitution of 1968.  The Constitution of 1874 was modified and renumbered by extensive amendments on May 17, 1966, November 8, 1966, and May 16, 1967; and by proclamation of the Governor of July 7, 1967, P.L.1063, pursuant to the act of August 17, 1965 (P.L.345, No.180). Proposals 1 through 7 to amend the Constitution were recommended by a Constitutional Convention which was called pursuant to the act of March 15, 1967 (P.L.2, No.2). The proposals were approved by the electorate on April 23, 1968. By statute, 1 Pa.C.S. § 906, the Constitution, as amended by referenda of May 17, 1966, November 8, 1966, May 16, 1967, and April 23, 1968, and as numbered by proclamation of the Governor of July 7, 1967, shall be known and may be cited as the Constitution of 1968.

Section Headings.  Section headings were not contained in the Constitution as adopted by referendum of December 16, 1873, but were either added by various constitutional amendments or promulgated on June 11, 1974, P.L.1573, by the Director of the Legislative Reference Bureau with the approval of the Attorney General under statutory authority contained in 1 Pa.C.S. § 905.

Explanation of Amendment Notes.  Unless otherwise noted, amendments are referred to by date of adoption by the electorate together with a reference to the applicable joint resolution (J.R.) or, in rare cases, concurrent resolution (C.R.) adopted by the General Assembly and the page in the Laws of Pennsylvania (P.L.) in which the joint resolution or concurrent resolution was published.

 

 

PREAMBLE

 

WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.

 

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