Notes on the Constitution of Pennsylvania, 1776

Constitution of Pennsylvania - September 28, 1776

Preamble

The Constitution begins with a declaration of the purpose of government, emphasizing that it should be instituted for the protection of the community and to secure the natural rights of individuals. The document stipulates that when government fails to achieve these ends, the people have the right to change it by common consent to promote their safety and happiness.

Context of Independence

The inhabitants of Pennsylvania had previously recognized allegiance to the King of Great Britain, but this allegiance is declared null due to the King's failure to provide protection and his initiation of a cruel and unjust war against them. The Constitution states that the power derived from the King has ceased to exist in Pennsylvania and emphasizes the necessity for the colonies to be free and independent states.

Authority of the People

The representatives of Pennsylvania assembled to create a government based on the authority of the people, acknowledging the goodness of the Governor of the universe. They express a duty to establish original principles of government that promote general happiness and allow for future improvements.

Declaration of Rights

1. Natural Rights

  • All men are born equally free, with inherent and inalienable rights, which include:

    • Enjoying and defending life and liberty.

    • Acquiring, possessing, and protecting property.

    • Pursuing and obtaining happiness and safety.

2. Religious Freedom

  • Individuals have a natural right to worship God according to their conscience.

  • No person should be compelled to attend religious worship or support any place of worship against their will.

  • No authority can interfere with the right of conscience in the free exercise of religious worship.

3. Governance Rights

  • The people possess the exclusive right to govern and regulate their internal affairs.

4. Accountability of Government

  • All governmental power originates from the people.

  • Government officials are trustees and servants, accountable to the people.

5. Purpose of Government

  • Government exists for the common benefit and security of the people, not for the advantage of specific individuals or groups.

  • The community has the right to reform or abolish government as deemed necessary for the public good.

6. Right to Elect and Remove Officials

  • The people have the right to reduce public officials to private status and replace them through regular elections.

7. Free Elections

  • Elections must be free, and all men with a common interest in the community have the right to vote and be elected.

8. Property Protection

  • Society members must be protected in their enjoyment of life, liberty, and property, with obligations to contribute to public protection costs, including personal service if necessary.

  • No property can be taken without consent, and individuals cannot be compelled to bear arms against their conscience.

9. Rights in Criminal Prosecutions

  • Individuals have the right to a fair trial, with provisions for public trial by an impartial jury, the right to counsel, and protection against self-incrimination.

10. Protection Against Unreasonable Searches

  • The people have the right to security in their homes and properties, with provisions preventing unreasonable search and seizure.

11. Right to Jury Trials

  • Parties in property disputes have the right to jury trials, which must be safeguarded.

12. Freedom of Speech and Press

  • Individuals have the right to free speech, including writing and publishing their opinions, with no restrictions on press freedom.

13. Right to Bear Arms

  • People have the right to bear arms for self-defense and support, with regulations on standing armies during peacetime.

14. Civic Virtue

  • Adherence to fundamental principles and virtues like justice and moderation is essential for preserving liberty.

15. Emigration Rights

  • Individuals possess the right to emigrate or establish new states where they can seek their happiness.

16. Right to Assemble

  • The people can assemble to consult for the common good and express grievances to the legislature.

Plan or Frame of Government

Section 1

  • The state of Pennsylvania will be governed by an assembly of representatives and a president and council.

Section 2

  • The supreme legislative power is vested in a house of representatives chosen by the freemen of Pennsylvania.

Section 3

  • The supreme executive power is vested in a president and council.

Section 4

  • Establish courts of justice in Philadelphia and every county.

Section 5

  • Freemen and their sons will be trained and armed for state defense, with regulated exceptions.

Section 6

  • Voting rights are established for freemen aged twenty-one and older with residency and tax requirements.

Section 7

  • House of representatives to include individuals noted for wisdom and virtue.

Section 8

  • Limits on terms for representatives are set to ensure continual representation.

Section 9

  • Representatives are chosen annually; elections occur on the second Tuesday in October.

Section 10

  • Quorum for legislative action requires two-thirds of the elected members.

Section 11

  • Delegates to Congress are chosen by the assembly and are limited in terms.

Section 12

  • Provision for electing representatives if certain cities or counties fail to do so.

Section 13

  • Meetings of the representative assembly will be open to public attendance.

Section 14

  • Legislative votes will be printed weekly, and members may express reasons for their votes.

Section 15

  • Legislative bills must be printed before final debate and enactment.

Section 16

  • The style of laws must indicate authority from the people of Pennsylvania.

Section 17

  • Initial elections for representatives should be conducted in Philadelphia and other counties.

Section 18

  • Future counties may require representation proportionate to taxable inhabitants.

Section 19

  • The executive council will consist of twelve members, elected with term limits.

Section 20

  • President and council have powers including appointing judges and ensuring the laws are executed.

Section 21

  • All commissions are issued under the authority of the Pennsylvania freemen.

Section 22

  • Officials can be impeached for misconduct by the assembly.

Section 23

  • Supreme Court judges are appointed for fixed terms but removable for misbehavior.

Section 24

  • Courts have certain equitable powers and must be consistent with the constitution.

Section 25

  • Trials must continue to be conducted by jury.

Section 26

  • Courts to hold regular sessions and maintain open access to justice.

Section 27

  • All prosecutions commence in the name of the freemen of Pennsylvania.

Section 28

  • Debtors shall not be imprisoned following the surrender of their estate for their creditors.

Section 29

  • Provisions against excessive bail and moderation of fines.

Section 30

  • Justices of the peace will be elected by freeholders; term limits are set for sheriffs.

Section 31

  • General assembly elections to occur simultaneously with representatives’ elections.

Section 32

  • All elections must be by ballot, and corruption in voting is penalized.

Section 33

  • Revenue from prior fees and fines will go to the public treasury unless altered by legislature.

Section 34

  • Establish a register's office for wills and deeds, appointed by the assembly.

Section 35

  • Freedom to publish government proceedings is guaranteed.

Section 36

  • Regulations for public office and necessity for reasonable compensation for public service.

Section 37

  • Legislative power to regulate property laws,

Section 38

  • Recommendations for reforming penal laws and proportions.

Section 39

  • Encouragement of labor for rehabilitation of non-capital offenders.

Section 40

  • All officers must take an oath of allegiance and an office affirmation before service.

Section 41

  • Taxation only through law and justified public expenditure.

Section 42

  • Foreigners can acquire property after allegiance, with conditions.

Section 43

  • Inhabitants have rights for hunting and fishing under specific conditions.

Section 44

  • A system of education is mandated to be established and promoted for youth.

Section 45

  • Laws to promote virtue and religion will be maintained.

Section 46

  • Declaration of Rights integrated into the constitution prohibiting violations.

Section 47

Council of Censors: A mechanism to ensure adherence to the Constitution with responsibilities including constitutional preservation and legislative oversight.

Conclusion

This constitution was framed under the guidelines laid down by the Continental Congress and was completed on September 28, 1776. It was not submitted to the people for ratification, thus establishing an immediate framework for governance.