Monday, June 11, 2007

PA Study Constitution Undertaken

PA should undertake a study of the PA Constitution - that is, the legislators all of them who take an oath to uphold the state Constitution should study the current Constitutiona and be able to understand its meaning.

Mr. Ledowitz is right. It's folly to hold a constitutional convention which is an outgrowth of dissatisfaction - though I disagree the dissatisfaction is with government - the dissatisfaction is with the elected public servants who broke their oaths to uphold the PA Constitution when they passed a salary increase in 2005 and then took the increases as unvouchered expenses - clearly unconstitutional.

The people were upset, but not upset enough to go out and register anew in large numbers in the following election wherein half the state senate and all the state representatives were up for re-election. Approximately 25 percent only turned out in the two major political party primary to throw the oath-breakers out of office by electing challengers. Many didn't even face a challenger in the primary.

The legislators who are going around pouncing upon the idea of a PA Constitutional Convention want the so-called easy way to look as though they are addressing "something" - when it's their own actions they should be addressing, not so-called structural defects in the PA Constitution.

The PA Constitution didn't make them do it back in 2005 take a pay hike as unvouchered expenses. They did it themselves.

The public needs to be aware of what the PA Constitution says, they need to be informed on the issues, then hold their elected public servants accountable when the "incumbents" break away from the meaning of the PA Constitution.

Duquesne Law School professor Bruce Ledewitz, an expert on the state constitution, said there is not currently a consensus about what a convention should address.

I just don't think you should take general popular dissatisfaction with government , which we have now , and hold a constitutional convention to quote 'do something about it,'" he said.





Pa. House committee supports study of state constitution

By MARK SCOLFORO
The Associated Press


...HARRISBURG, Pa. - A bill to finance a yearlong study of the Pennsylvania Constitution was passed out of a legislative committee Wednesday, potentially a step toward the state's first constitutional convention in four decades.

"We have to ask ourselves some real questions related to the future of the commonwealth of Pennsylvania," the bill's sponsor, Rep. Dwight Evans, D-Philadelphia, told the State Government Committee. "It's high time we had a discussion about where we want to go."

Evans' bill would establish an unpaid 15-member commission, chosen by the governor and legislative leaders, to study the constitution "in light of the contemporary conditions and anticipated problems and needs" of state residents. It would have a $475,000 budget and a year to issue a written report to the governor and Legislature.

Similar commissions were created in 1919, 1935, 1957 and 1963, Evans noted. The commission could recommend specific constitutional amendments or whether to hold a constitutional convention, which most recently was done in 1967-68.

"There's nothing wrong with a little self-reflecting," he said.

The committee approved Evans' bill on an 18-10 vote, with two Republicans joining all Democrats in favor.

Rep. Glenn R. Grell, R-Cumberland, voted against it.

"I think this proposal is too wide-ranging," Grell said. He said the House's standing committees regularly handle constitutional issues and that the Joint State Government Commission, which includes leaders from both the House and Senate, is already in place and "very capable" of a top-to-bottom constitutional study.

"I just am not hearing from my members or people in my district that we need to open the constitution," said Rep. Matthew E. Baker, R-Tioga, who also voted against the bill.

Calls for a constitutional convention have arisen in the reform atmosphere of the past couple years, but the state constitution is silent about exactly how that is done.

All four held since 1790 were initiated by the Legislature. Between 1921 and 1963 voters rejected calling constitutional conventions five times.

Duquesne Law School professor Bruce Ledewitz, an expert on the state constitution, said there is not currently a consensus about what a convention should address.

"I just don't think you should take general popular dissatisfaction with government , which we have now , and hold a constitutional convention to quote 'do something about it,'" he said...

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