BACKGROUND

The League of Women Voters of Pennsylvania first became active in the issue of Constitutional change in 1953 after the General Assembly passed a measure calling for a referendum on the ballot question: “Do you favor the preparation by a Convention of a new constitution, subject to ratification by the people?” Over the next two years our members studied the issue, weighing the advantages and disadvantages of the proposal and eventually decided to urge voters to favor the referendum. The measure was defeated by a vote of 5 to 4.

Convinced that Constitutional revisions were needed, the League continued to seek amendments to the Constitution’s provisions, with particular attention to judicial reform and extension of absentee balloting privileges for qualified voters. In 1957 an Act was passed creating a temporary Commission on Constitutional Revision. In its final report issued in 1959, the Commission acknowledged the encouragement of the Pennsylvania League of Women Voters.

Between 1965-1967 constitutional, revision was again adopted as the League’s primary two-year program priority. The General Assembly passed a bill for a limited Constitutional Convention which was accepted at the polls. The League established an information center in the Capitol building throughout the Convention to help the public understand what was happening. Five questions on the 1968 primary ballot proposed by the Convention were approved by the voters. These plus two revising amendments passed in 1966 and seven passed in 1967 resulted in a nearly completely revised Pennsylvania Constitution.

The League does not have a position for or against current proposals to hold a constitutional convention. We do have long standing positions on a number of issues that would require constitutional amendments. These include:

• reform the legislative and congressional redistricting process
• reducing the size of the legislature,
• appointment of appellate court judges,
• popular statewide initiative and referendum,
• differential tax rates for residential & commercial properties,
• a progressive income tax
• use of a portion of the liquid fuels tax to fund public transit
• no excuse necessary absentee voting

One concern of using the constitutional convention approach to government reform is whether the scope of a convention can be limited once the delegates are assembled. The League is also concerned about what steps are necessary to produce a convention that will have constructive and credible outcomes for government reform.

Should a constitutional convention be held the League believes success will depend on the method of delegate selection, how the convention is planned, funded, managed, and facilitated, and a transparent process that provides maximum opportunity for public input. For that we need to find out what lessons can be learned from past constitutional conventions in Pennsylvania and in other states.

What happens after a convention is equally important. Should recommendations go to the legislature first? What happens if the legislature fails to act? Can recommendations then be taken directly to the public? Should recommendations go directly to public referendum in the first place?

If a constitutional convention is held, it should be developed with great care and deliberation and have, as its basis the hallmarks of democracy that promotes informed and active participation in government.

Updated 12/08

Additional information is available at:
(IssuesPA.net)

Where We Stand

Government
-Constitutional Convention

- Election Laws
- Judiciary
- Redistricting
- Legislature
- Municipal Gov't
- Authorities
- Initiative and Referendum
- Campaign Finance
- Lobbyist Disclosure
- Open Records
- Open Meetings

Social Policy
- Education
- Gambling
- Death Penalty
- Reproductive Choice
- Transportation
- Child Health & Welfare & Juvenile Justice
- Family Issues and Laws
- Fiscal Policy
- Collective Bargaining

Natural Resources
- Land Use
- Water
- Air
- Energy
- Waste Management