Pennsylvania Government Creating a Commonwealth A Guide To

Pennsylvania Government Creating a Commonwealth: A Guide To Your State Government

Unit Overview • • • Section 1: Introduction and PA Constitution Section 2: Legislative Branch Section 3: Executive Branch Section 4: Judicial Branch Section 5: PA State Symbols

Section 1: Introduction and PA Constitution • Pages 3 -24 • Objectives: – 1. Introduce Pennsylvania government – 2. Explain the Declaration of Rights from the Pennsylvania Constitution – 3. Summarize the Separation of Powers, Amendments, and Constitutional Conventions of the Pennsylvania Constitution

Introduction to Pennsylvania Government • The United States Constitution is the “Supreme Law of the land” so PA judges are bound by it, regardless of individual state constitutions or laws • The word “commonwealth” is synonymous with “state” in PA – It implies a special devotion of the government to the common welfare of its citizens or “weal” – State seal does not use term but is the legal designation – Quaker Commonwealth-colony of William Penn – 3 other commonwealths: Kentucky, Massachusetts, and Virginia

Introduction to Pennsylvania Government (2) • Reasons for name “Keystone State” – – – 1 st appeared shortly after Revolutionary War Common usage by early 1800 s Originally referred to central geographic location among Atlantic seaboard states – Modernly refers key position in economic, social, and political development of U. S. • James Buchanan born in Cove Gap, Franklin County, in 1791 is the only President from PA in 1856

Introduction to Pennsylvania Government (3) • Pennsylvania Capitals – Present: Harrisburg (Since 1812) – 1 st capital of PA Colony in 1643 at Tinicum Island in the Delaware River – 1682: William Penn arrives and moves capital to Chester – 1683: Philadelphia when Provincial Government is established – First Monday of November 1799: Lancaster – Location can change when voted on and approved by voters in general election – PA cities once national capitals: Philadelphia, Lancaster, and York

Pennsylvania Constitution Overview • Foundation of PA government • Adopted in 1776 (Used as framework for U. S. Constitution) • Articles and Amendments are fundamental law of the Commonwealth • Ensures basic rights to citizens • Outlines the structure of government • Provides rules by which representatives are elected and how they conduct the business of the state

Pennsylvania Constitution: Declaration of Rights • Predates and was a model for the Bill of Rights of U. S. Constitution • Mainly list of “don’ts” for General Assembly • 28 Sections • Section 1: Inherent Rights of Mankind – All men born equally free and independent – Possess indefeasible rights: life and liberty, acquiring, possessing and protecting property and reputation, and pursuing happiness

Pennsylvania Constitution: Declaration of Rights (2) • Section 2: Political Powers – People hold the power of government – People can alter, reform, or abolish government in any manner they think proper • Section 3: Religious Freedom – No preference by law given to any religious establishment • Section 4: Religion – Religion can not prevent anyone from holding office or place of trust or profit under this Commonwealth

Pennsylvania Constitution: Declaration of Rights (3) • Section 5: Elections – Free and equal elections • Section 6: Trial by Jury • Section 7: Freedom of Press and Speech; Libels – Jury shall have the right to determine the law and the facts in all indictments for libel • Section 8: Security From Searches and Seizures – No unreasonable search or seizure of people, houses, papers and possessions

Pennsylvania Constitution: Declaration of Rights (4) • Section 9: Rights of Accused in Criminal Prosecutions – Formal trial, no self-incrimination • Section 10: Eminent Domain; Initiation of Criminal Proceedings; Twice in Jeopardy • Section 11: Open Courts; Suits Against the Commonwealth – Due course of law must be allowed • Section 12: Power of Suspending Laws – Only Legislature can suspend laws

Pennsylvania Constitution: Declaration of Rights (5) • Section 13: Bail, Fines, and Punishment – No excessive bail or fines, no cruel punishment • Section 14: Prisoners to be Bailable; Habeas Corpus – Capital offenses are exception, rebellion or invasion exception with habeas corpus • Section 15: Special Criminal Tribunals – Forbidden • Section 16: Insolvent Debtors – Unless fraud, can not be imprisoned if estate is taken

Pennsylvania Constitution: Declaration of Rights (6) • Section 17: Ex Post Facto Laws; Impairment of Contracts • Section 18: Attainder – No person shall be attained of treason or felony by the Legislature • Section 19: Attainder Limited – State can collect estate • Section 20: Right of Petition • Section 21: Right to Bear Arms

Pennsylvania Constitution: Declaration of Rights (7) • Section 22: Standing Army; Military Subordinate to Civil Power – Legislature consents to army in peace time • Section 23: Quartering of Troops • Section 24: Titles and Offices – No titles or nobility or heredity distinction, no creation of offices • Section 25: Reservation of Powers in People • Section 26: No Discrimination by Commonwealth or Political Subdivisions

Pennsylvania Constitution: Declaration of Rights (8) • Section 27: Natural Resources and the Public Estate – Commonwealth shall conserve and maintain Pennsylvania’s public natural resources like clean air, pure water, and natural, scenic, historic, and esthetic values of the environment • Section 28: Sexual Discrimination – Rights can not be abridged or denied based on gender

Separation of Powers • PA Constitution provides for three branches of government: legislative, executive, judicial – Each branch has a significant difference in the type of power they are granted – 2 nd Article gives “legislative power of the Commonwealth” to the General Assembly (Senate and House of Representatives) – 4 th Article gives the Governor “supreme executive power” – 5 th Article establishes “a unified judicial system consisting of…such courts as may be provided by law and justices of the peace. ” – System of checks and balances established

Amendments • May be proposed in Senate or House but must pass in both houses by majority • Proposed amendment needs published in at least two newspapers in every county three months before the next general election • After election must pass again through majority vote in General Assembly • Amendment is published and voted on by entire electorate • With majority vote, becomes part of Constitution

Amendments (2) • Can not be submitted more than once in five years • Vote on amendments separate, even if submitted at same time • Procedure simplified in emergencies – 1972: Hurricane Agnes forced Assembly to enact laws providing services to alleviate danger, damage, suffering, and hardship – Procedure used again in 1974, 1975, and 1977 from flooding and storms

Constitutional Conventions • Pennsylvania had four Constitutions: 1776, 1790, 1838, and 1874 (Officially December 16, 1873) • Revision takes a constitutional convention, called for by law, enacted by the General Assembly and approved by the people – Constitutional convention called seven times since present Constitution adopted – Only once approved (1967) – Officers for 1967 -68 convention: Lt. Gov. Raymond J. Broderick, President; Robert P. Casey, First Vice President; Frank A. Orban, Jr. , Second Vice President; James A. Michener, Secretary

Section 2: Legislative Branch • Pages 25 -59 • Objectives: – 1. Discuss State Legislatures, Legislative Session, and District Appointment – 2. Explain Legislators, Restrictions, Seniority, Office & Key Employees, and Committees – 3. Describe the Legislative Process (Bills, Acts, and Resolution, Voting, Actions Open to the Governor), Impeachment, and Lobbying

Overview of General Assembly • • • The heart of Pennsylvania government Serve PA as Senators and Representatives 253 total legislators which represent, serve, and are responsible to a specific portion of the Commonwealth (50 Senators, 203 Reps) • Legislators should: – – – 1. Act on our behalf 2. Be knowledgeable of the issues we face 3. Do their best to lead us into the future

State Legislatures • The General Assembly’s existence, authority, and limitations are provided by Article II of the Constitution • Before 1790, PA was unicameral – – Nebraska-only remaining New Hampshire largest with 424 Alaska smallest 60 (Nebraska-49) PA; 42 in 1682, dropped to 24 in early 1700 s, 76 in 1776, House members peek at 210 in 1955, sets at 203 after federal ruling of “one person, one vote” in 1967

Legislative Sessions • A session of the General Assembly means both the Senate and the House of Representatives are convened for the transaction of business • Meets at noon on first Tuesday of January and regularly throughout the year (Continuing body) • 2 regular sessions cannot meet at same time (must adjourn by noon on first Tuesday of following year or by midnight November 30 in evennumbered years because of terms) • 2001: 185 th session of General Assembly held

Legislative Sessions (2) • Governor can adjourn at “such times as he shall think proper, not exceeding four months” (Not done yet) • Governor can convene “on extraordinary occasions” by proclamation on a limited basis (36 times) • If not in chambers can be held in City of Harrisburg or temporary, emergency location by Governor (2 -2 -1987: church in Harrisburg-Main Capital building burnt, 1987: Philadelphia for bicentennial)

District Appointment • 50 senatorial and 203 representative districts to be composed of compact and contiguous territory as nearly equal in population as is practical • Reapportioned every 10 years by Legislative Reapportionment Commission – Five members (Four are Majority and Minority leaders of both the Senate and the House, fifth is selected by the four and is the chairman, can not hold a paid local, state, or federal office)

Legislators • AKA: Senators and Representatives • Elected by popular vote of the people on first Tuesday after the first Monday in November in even-numbered years • Qualifications: Senators-25, Reps-21; Citizens of state and lived within past four years; live in district for past year; reside in district for term • Terms: Senators-four years, Reps-two years – Half senate elected every two years (25)

Legislators (2) • Presiding officer in appropriate house issues writ of election for special election within district to fill vacant seat for remainder of term • Can be expelled by 2/3 vote in either house – Corruption bans person for life

Restrictions • No member can be appointed to civil office (Judge, justice of peace, turnpike commission) • No member can resign to be appointed to a civil office • Can not serve as member of Congress at same time • Disqualifying crimes: embezzlement of public money, bribery, perjury, other infamous crimes • Can not vote on bill if it is of personal interest

Seniority • Member who served longest on the majority side of a committee becomes chairman of that committee • Seats in Senate assigned by President Pro Tempore by seniority: Democrats on west (Right), Republicans on east side of chamber (Left) • Seats in House: Democrats on right, Republicans on left side of Speaker

Officers and Key Employees • Senate: President Pro Tempore, Secretary, Chief Clerk • House: Speaker, Chief Clerk, Parliamentarian, Comptroller • Presides over Senate: Lieutenant Governor (Pro Tempore, Majority Leader, someone appointed by Majority Leader) • Presides over House: Speaker (someone appointed by Speaker to be Speaker Pro Tempore)

Officers and Key Employees (2) • Duties of Lieutenant Governor in Senate: – – – – Takes chair and calls order Refer bills to committee Preserving order Preventing personal reflections Confining members in debate to question at hand Stating all questions Signs all bills and joint resolutions, orders, addresses, writs, warrants, and subpoenas

Officers and Key Employees (3) • Duties of Speaker of the House: – Preside over House – Preserve order and decorum (Deciding all questions of order) – Signing all bills and joint resolutions – Referring all bills and resolutions to committees – Appoint the chairmen and vice chairmen of standing committees – Appoint all special or select committees – Vote on all questions

Officers and Key Employees (4) • Other positions of importance: – Majority/Minority Party Leaders-head debate and bring forward their respective party’s programs or policies – Whips-gather and hold together the members of a party for united action – Parliamentarian-assists in rendering correct parliamentary decisions and in ensuring that the practices and precedents of the House are conducted according to the law – Chief Clerk-responsible for day-to-day operations of House – Comptroller-responsible for the fiscal affairs of House

Committees • Standing-permanent “no bill shall be considered unless referred to a committee”-Article III Section 2 • Select-special purpose and limited time • Conference-bill passes one house but not the other • Committee of the Whole-entire membership of House or Senate as sitting committee (More informal debate than normal restricted rules)

Legislative Process Terms • Rules of Procedure-each house determines its own based on one of six sources: – – PA Constitution statutory law rules adopted by House or Senate precedents established by presiding officers of each house – Jefferson’s Manual (Rules & procedures of U. S. House of Representatives) – Mason’s Manual (Rules of legislative bodies)

Legislative Process Terms (2) • Caucus-meeting of the members of a political party in the U. S. Congress or a state legislature in which party policy on proposed legislation is discussed and refined • Quorum-majority of those members elected, sworn, and living, whose membership has not been terminated by resignation or action of the body • Permission to Speak-must address Speaker and wait to be recognized to speak • Motion of Previous Question-if majority, ends debate and calls for immediate vote (Senate-4, House-20 members)

Legislative Process Terms (3) • Filibuster-organized obstructive tactics in legislative bodies to delay or prevent action on a measure (Call for previous question eliminates) • Bill-constitutional designation of a proposed law into either house • Act-a bill that has been passed by both houses and becomes law • Calendar of Bills-daily work sheet of those measures reported from committees and ready for consideration by House and Senate

Legislative Process Terms (4) • Appropriations-money authorized for ordinary expenses of 3 branches • Deficiency bill-authorizes funds to supplement insufficient appropriations • Resolution-form of written proposal used to make declarations, state policies, or announce decisions when some other form of legislative action is not required (3 kinds: Simple, Concurrent, Joint) • Votes taken in voice and roll call “aye’ or “no” • Constitutional majority: Senate-26 or 34 (2/3) of 50 votes, House-102 or 136 (2/3) of 203 votes • Simple majority: Senate-14 to 12, House-52 to 50

Legislative Process Terms (5) • Governor’s options for a bill: – – – 1. Sign into law 2. Veto (2/3 majority vote, both houses overrides) 3. Hold it for 10 days in session or 30 days out of session and becomes law (Disapproval) – 4. Line-item veto (disapprove portions) • There can be a ceremony after a bill has become a law or pens used to sign can be handed out • Signed bill is sent to the Secretary of the Commonwealth and given an act number and becomes a statute (Then printed and indexed in a bound volume called Laws of Pennsylvania)

Impeachment • A proceeding brought against a public official by the General Assembly seeking that official’s removal from public office due to misbehavior in office (Any civil officer, including Governor) • House of Representatives has sole power to initiate process • Senate conducts impeachment trials • Convicted with 2/3 vote of Senate members present

Impeachment (2) • History in PA: • 1685 -First impeachment of Nicholas More who was the second Speaker of the House (Expelled and removed) • 1803 -Three PA Supreme Court judges (Senate acquitted) • 1816 -3 different occasions with Judge Walter Franklin (His attorney-James Buchanan won and later became 15 th President of the U. S. ) • May 24, 1994 -Rolf Larsen was Justice of the Supreme Court of PA and removed October 4 th

Lobbying • Lobbying-Private and public groups attempt to influence government policy • Contact made in offices or lobbies of Senate and House • Must register with the Secretary of the Senate and Chief Clerk of the House of Representatives • Can provide information and technical details concerning the potential effects of pending legislation

Section 3: Executive Branch • Pages 61 -72 • Objectives: • 1. Explain who makes up the Executive Branch • 2. Describe the nature of work the Executive Branch performs

Overview of Executive Branch • “When a man assumes a public trust, he should consider himself as public property. ”-Thomas Jefferson • Headed by Governor who sets agenda • Attorney General, Auditor General, and State Treasurer-elected to administer agencies independent of the Governor • Lieutenant Governor and appointed members of Governor’s cabinet make up rest

Executive Department • • Governor Lieutenant Governor Attorney General Auditor General State Treasurer Secretary of Education Grown to include all state government agencies under the jurisdiction of the Governor

Governor • • Has supreme executive power since 1790 Commander-in-Chief of PA military forces Swears or affirms oath usually on the front steps of the Main Capital Building (Given by Governorelect or Chief Justice Of PA Supreme Court) Term begins on noon on the third Tuesday of January following the election Lieutenant Governor elected at same time in same manner Limited to 2 consecutive terms of four years each U. S. citizen, 30 years old, live in PA 7 years

Emergency Interim Executive and Judicial Succession Act of 1959 • Provides for continuity of government in the event of an attack on the U. S. • 1. Governor • 2. Lieutenant Governor • 3. President Pro Tempore of Senate • 4. Speaker of the House • Seat of Government can be moved for safety

Governor’s Cabinet • • • Secretary of the Commonwealth (1777) Adjutant General (1793) Secretary of Education (1837) Insurance Commissioner (1873) Secretary of Banking (1891) Secretary of Agriculture (1895) Secretary of Health (1905) State Police Commissioner (1905) Secretary of Labor and Industry (1913) Secretary of Public Welfare (1921)

Governor’s Cabinet (2) • Secretary of Revenue (1927) • Secretary of Commerce (1939)Secretary of Community Affairs (1966) • Secretary of Transportation (1970) • Secretary of Environmental Resources (1970) • Secretary of General Services (1975) • Secretary of Aging (1978) • Corrections Commissioner (1984)

Section 4: Judicial Branch • Pages 73 -89 • Objectives: • 1. Explain the difference between Supreme, Superior, and Commonwealth Courts. • 2. Describe the various jurisdictions of Pennsylvania’s courts. • 3. Identify the responsibilities and restrictions of the judges and justices of the PA courts

Overview of Judicial Branch • “Justice is the crowning glory of the virtues. ”-Cicero • Judicial system viewed as a pyramid with the PA Supreme Court at apex • Followed by two appellate courts (Superior Courts & Commonwealth Court) • Followed by Courts of Common Pleas • Finally the base consisting of community courts, district justices, municipal & traffic courts of Philadelphia, and Pittsburgh’s police magistrate courts • Interpret and apply laws of our Commonwealth

Supreme, Superior, and Commonwealth Courts • PA Supreme Court is part of constitutional framework of PA’s state government • Superior and Commonwealth Courts established by an act of the General Assembly • Have different jurisdictions • Supreme Court is highest court and holds Commonwealth’s supreme judicial power

The Supreme Court • Has original but not exclusive jurisdiction over all cases of habeas corpus, mandamus, and quo warranto as to any officer of statewide jurisdiction • Has exclusive jurisdiction of appeals from final orders of the Courts of Common Pleas in cases of: – – – felony murder Right to public office Matters decided in the orphans’ court division Certain actions or proceedings in equity Direct criminal contempt in the Courts of Common Pleas and other contempt proceedings relating to orders appealable directly to the Court

The Supreme Court (2) – Suspension or disbarment from the practice of law and other related disciplinary orders or sanctions – Supersession of a District Attorney by an Attorney General or a court – Matters in which the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is in question – Rulings of unconstitutionality by a Court of Common Pleas • Has exclusive jurisdiction of appeals from all final orders of the Commonwealth Court

The Supreme Court (3) • • • 7 Justices on PA Supreme Court Chief Justice is longest continuous service If two elected at same time, draw lots for seniority (Elected have seniority over appointed) • Justices elected by voters for term of 10 years (Retention election eligible) • Governor fills vacancy by appointing a nominee and confirmed by 2/3 vote of Senate

The Supreme Court (4) • Supreme Court in Harrisburg (Middle District), Philadelphia (Eastern District) and Pittsburgh (Western District) • 8 Sessions each year • First Chief Justice was Captain William Crispin on August 18, 1681 (Died at sea on way to position so Dr. Nicholas Moore on June 4, 1684)

Superior Court • Exclusive jurisdiction over appeals from the Courts of Common Pleas • Original jurisdiction to entertain, hold hearings on, and decide applications for wiretapping and electronic surveillance • Established in June 1895 • First President Judge determined by lots but now by seniority • Judges chosen in municipal election

Superior Court (2) • Vacancy filled in same way as Supreme Court • Superior Court in Harrisburg, Philadelphia, and Pittsburgh • No preset number of sessions (Court sits in panels of three judges) • First President Judge of Superior Court was Charles E. Rice of Wilkes-Barre on June 28, 1895

Commonwealth Court • Primarily appellate court but exclusive jurisdiction of: – Final orders of the Courts of Common Pleas in certain specific cases – Final orders of Commonwealth agencies – Awards of arbitrators in disputes between the Commonwealth and a state employee – An other matter as set by statute

Commonwealth Court (2) • Original jurisdiction of: – All civil actions or proceedings against state government – All civil actions by state government or an officer of it except eminent domain – All civil actions under certain provisions of the Insurance Department Act of 1921 – Election matters relating to statewide offices – Any other matter as determined by statute

Commonwealth Court (3) • Nine judges on Commonwealth Court (1 President Judge, Supreme Court designates six senior judges to sit with) • Judges of court elect President Judge for 5 year term • Judges serve 10 year terms (May seek reelection) • Nine sessions each year (Every month except for January, July, and August)

Philadelphia Municipal and Traffic Courts • Established on October 17, 1969 by Governor • Six judges appointed by Governor (One is appointed President Judge) • Criminal jurisdiction includes: – Summary offenses except those under motor vehicle law – All criminal offenses in which no prison term can be imposed or which are punishable by imprisonment of no more than 5 years – Certain more serious offenses under motor vehicle law

Philadelphia Municipal and Traffic Courts (2) • Civil jurisdiction includes: – Landlord and tenant matters – Damage from breach of agreement, recovering damages for breach of contract or promise – Trespass claims involving more no more than $5, 000 or less or in matters concerning local taxes, up to $15, 000 • Defendant has no right to trial by jury but can appeal to Court of Common Pleas for new trial with jury • Exclusive jurisdiction of all summary offenses under Title 75 within Philadelphia County

District Justices • Constitution of 1776 provided for justices of the peace -now called district justices-to be elected by the freeholders of each city and county respectively • Changes in 1874, 1909, and 1968, which brought it to abolishing everything except for a residency requirement • One justice of the peace (district justices) in each magisterial district • General Assembly establishes the classes of magisterial districts based on population • 550 total districts as of March 1994

District Justices (2) • Have jurisdiction over following matters: – Summary offenses (Not traffic courts) – Certain matters arising under the Landlord and Tenant Act of 1951 – Certain civil claims which does not exceed $4, 000 – As commissioners to preside at arraignments, fix and accept bail, issue warrants, and perform duties of a similar nature – Offenses relating to driving under the influence of alcohol or controlled substance – Misdemeanors of the third degree (Under Title 18 & 30) – All offenses under Title 34 – Any other matter for which district justices have jurisdiction by statute

Courts of Common Pleas • Act 106 established judicial districts in 1931 (Amended in 1982) • General Assembly can change number or boundaries of districts (With advice and consent of Supreme Court) • Unlimited original jurisdiction of all civil and criminal actions and proceedings (Except where an exclusive original jurisdiction is vested in another court)

Courts of Common Pleas (2) • Jurisdiction includes: – Appeals from final orders of the district's minor judiciary – Appeals from state agencies (car violations, liquor code violations, birth and death records, etc) – Petitions for review of awards by arbitrators in disputes between local government agencies and their employees – Must have at least one Court of Common Pleas in each judicial district and a President Judge

Section 5: Pennsylvania State Symbols • Keystone State-Stone that holds all other stones of a structure together • Commonwealth-All legal processes are carried out in the name of the commonwealth or well-being of the public • Coat of Arms-Message of peace and prosperity • Flag-Authorized in 1799 • Seal-Symbol of authenticity which verifies that proclamations, commissions and other papers of state are legal and official • Tree-Hemlock on June 23, 1931 • Flower-Mountain Laurel on May 5, 1933

Pennsylvania State Symbols (2) • Bird-Ruffed Grouse on June 22, 1931 • Dog-Great Dane on August 15, 1965 (William Penn had one) • Animal-Whitetail Deer on October 2, 1959 • Fish-Brook Trout on March 9, 1970 (Only trout native to PA) • Insect-Firefly on April 10, 1974 • Beverage-Milk on April 29, 1982 • Beautification Plant-Crownvetch on June 17, 1982 (Groundcover for erosion control and feed for livestock) • Steam Locomotive-K 4 s Steam on December 18, 1987

Pennsylvania State Symbols (3) • Electric Locomotive-GGI 4859 Electric on December 18, 1987 • Ship-United States Brig Niagara on May 26, 1988 (Decisive in the War of 1812) • Fossil-Phacops Rana on December 5, 1988 (250 million years old) • Song-”Pennsylvania” on November 29, 1990