Showing posts with label pa constitutional convention. Show all posts
Showing posts with label pa constitutional convention. Show all posts

Monday, December 07, 2009

Danger in PA Property Tax Elimination Proposal S.T.O.P.

We'd like to agree with letter-writer on the sentiments expressed in "Stop tax-relief ruse" but find the wording is unclear and sounds very much like the S.T.O.P plan proposed on the grand old USA site.

http://www.grandoldusa.com/

The letter-writer only mentions residences, and neglects to clarify whether the reference applies to primary residential property, all residential property, and/or business or commercial property.

We can only assume then the letter-writer is actually referencing the S.T.O.P. plan.

(it appears we're right on the connection of the Tribune-Review letter-writer, Bednar to the S.T.O.P. proposal as her name and publication of a short letter to Sen. Logan is mentioned by Bob Logue who started the S.T.O.P. effort:

http://www.spedunkie.com/loganresponse.html

If so, that plan does not apply to all residential property, nor does it apply to business property.

And the PA Constitution would need to be amended in order for the proposal to fly.

On our Vote Fix site, we previously analyzed the S.T.O.P. plan.

STOP tax reform plan Guts PA Constitution

http://dirtline.tripod.com/votefix/id104.html


What's sad is most people will read letters-to-the-editor such as the following and actually agree with the contents, but won't understand fully the proposal - if it indeed is the one proposed by S.T.O.P. coalition - applies only to 'primary' residence.

Beware of any legislative proposal which needs any tinkering with our PA Constitution such as a referendum and/or a state Constitutional Convention.

Period.

Net the Truth Online

Stop tax-relief ruse
Tribune-Review
Saturday, December 5, 2009
To all the voters: When you talk or write to the candidates who are running for governor, ask them how they stand on abolishment of all three property taxes.

These include the school, municipal and county taxes. If only the school tax is abolished, we still will be liable for the assessments/reassessments of our properties, and our county and municipal property taxes will keep going up along with the sheriff sales, etc.

We will still be paying rent to the government and our homes will never be ours.

We don't want to hear the words ''reduction" or "relief.'' Tell your senator and representative that we are tired of the 30-year deceptions about ''reducing'' property taxes on our homes and that you want property taxes totally abolished.

We are tired of all of the deceit we keep getting from our representatives and senators, and we are aware of how costly these sheriff sales and assessments are to the taxpayers. They are all fraudulent promises, and we won't stand for it any more.

Don't let them tell you otherwise.

Alene Bednar Ford City

http://www.pittsburghlive.com/x/dailycourier/s_656046.html


Senator Logan,

I have been advising quite a few Reps to contact you and Rep. Gergely about the STOP plan. Have you heard from any of them? I haven't heard anything about the total abolishment of our property taxes lately either. Where are we on this? Please reply so I can pass your information on to the other members. Sincerely, Alene Bednar.

Senator Logan's reply:

I have not heard from any of them. The bill is introduced and waiting for Republican Leadership to bring this issue up for discussion. But at this time to my knowledge, there are no plans to bring this issue up for debate. Keep up the fight.

Sean Logan

Bob Logue Comments: First, let me commend Alene Bednar (above) and everyone of you and your families and friends who have been contacting your PA Senators and Representatives, as well as the announced candidates for Governor. Keep it up...and encourage others to do the same.

Senator Sean Logan wrote the STOP legislation to abolish all property taxes on primary residences in 2003...and has continuously supported the STOP Primary Residence Protection Plan. He again reintroduced our legislation in the current legislative session.

You will note in Sean's response to Alene's inquiry--that his bill is waiting for 'Republican Leadership to bring this issue up for discussion (in the Senate).' He is right. Movement on legislation to bring to a public referendum, changing the constitution to permit 100% of all property (real estate taxes) to be abolished on primary residences passed the house 192-0 in the last legislative session which ended in 2008. The legislation then went to the Senate and was sent to the Senate Finance Committee. To their credit, the Republicans and Democrats on the Finance Committee voted 12-0 to bring the legislation to the full Senate for debate and a vote. However, the Republican Senate leadership instead sent the legislation to the Appropriations committee to die...which it did as the session ended.

Some in legislature may believe the current economic situation in Pennsylvania and across the US is the wrong time to be considering such a dramatic change in our method of taxation for our schools, counties and municipalities. The opposite is true...

http://www.spedunkie.com/loganresponse.html

Wednesday, April 25, 2007

PA Constitutional Convention Bye Bye Almighty God?

Although I'm opposed to a PA Constitutional Convention, for a variety of reasons continuously expressed herein, if one were held, I couldn't help but wonder if any one of the delegates would dare to admit to being an atheist?

Why an atheist couldn't even mount a campaign for election as a delegate because he, or she, would be pilloried and demonized.

What's the difference between someone who might want to alter our Constitution of PA to exclude mention of Almighty God and someone who might want to alter our Constitution of PA to implement citizens' initiatives and referendum?

The Founding Framers inserted the reference to Almighty God and excluded direct democracy (contrary to their concept of representative government).

If there is room to change one, why isn't there room to change the other?

Just some thoughts as May 1 is just around the corner. Learn your history.

Friday, April 13, 2007

Oath-breakers at fault not PA Constitution

We still disagree that a Constitutional Convention is necessary to enact any of the reforms or amendments legitimately called for to make our elected officials reform themselves. A convention is not necessary to enable the reform of THOSE WHO BETRAYED their oaths to the PA Constitution. Vote them out next time.

The PA Constitution does not need "modernized" because hundreds of state legislators enacted the illegal payraise/unvouchered expenses of 2005.

Piccola is wrong. It isn't government that needs reformed - it is the kind of state representatives and senators who are willing to break their oaths of office who need booted out of office. To some extent, that was done with some 55 newcomers elected to state office in 2006 elections. They are currently mounting reforms upon themselves. More hearings on additional reforms are being held, aside from the Piccola hearings on a convention.

There is no need to open up the PA Constitution to a potentially unrestrainable Constitutional Convention.

All of the reforms offered can be done through the normal legislative amendment process.

It is disheartening to hear Sen. Piccola, and others, go on about limiting a convention.

They haven't considered the precedent-setting Philadelphia Convention...

Pennsylvania's Constitutions and the Amendment Process - Where it Began, Where it is Now
By Ann Liivak, former Reference/Special Collections Librarian
23 Pennsylvania Law Weekly 324 (March 27, 2000)


Philadelphia Convention
Less then two weeks after the Declaration of Independence, the citizens of Philadelphia were inspired to form a convention for drafting a constitution for the Commonwealth of Pennsylvania. The Provincial Assembly and the governor were ignored, and the convention not only entered upon the task of forming the constitution, but superseded the old government by assuming the legislative power of the commonwealth and establishing a Council of Safety with extensive powers to rule in the interim.

The elected delegates debated, drafted, and on Sept. 28, 1776, passed and proclaimed the Bill of Rights and Constitution of the Commonwealth of Pennsylvania signed by "Benj. Franklin, Prest." The Constitution of 1776 provided that the power of amending the constitution would rest with a Council of Censors as it found necessary. The Constitution of 1776 was considered one of the most democratic state governmental structures of the times, even though it was not submitted to the electorate for ratification or adoption...

http://www.jenkinslaw.org/collection/researchguides/publications/ann-constitutions.php



Now that's what is called a precedent. If it's done once, without constraints, it can be done again, and there would be no stopping an unlimited convention from replacing not only our Declaration of Rights, but the uniformity clause and who knows what all else...

More coming soon...

Net the Truth Online

Time to revise Pa. Constitution
By Jeffrey E. Piccola
Tue, Apr. 10, 2007

Over the last two years, the actions of Pennsylvania's General Assembly, executive branch, and judiciary regarding pay raises and bonuses, to name just a couple of issues, have sparked a public outcry for the reform of state government. The type of institutional change being called for can be accomplished only by revising the Pennsylvania Constitution.

There are two ways to change the constitution: an amendment by the General Assembly or a constitutional convention. When Abraham Lincoln spoke to the nation in his first inaugural address in 1861, he said of a pending amendment to the United States Constitution: "To me, the convention mode seems preferable to the amendment process in that it allows amendments to originate with the people themselves, instead of only persuading them to take or reject propositions originated by others not especially chosen with a purpose." I believe President Lincoln was right. That is precisely why a constitutional convention has relevance for Pennsylvania state government in this age of reform.

As chairman of the Senate State Government Committee, I held the first of a series of three statewide public hearings a month ago to discuss legislation that would provide for the convening of a constitutional convention. (The second was held in Harrisburg recently.)

The first question these hearings seek to answer is whether this is a proper time to hold a convention. Given the number of scandals that have rocked the state capitol of late, I believe we have reached a tipping point that necessitates a convention. There is precedent for this: The 1874 convention was triggered by a number of scandals. Public outcry at the time was such that a convention was warranted. I believe we are facing a similar set of precipitating circumstances now.

Second, can the changes that have been proposed in the current climate be adequately addressed in the traditional way of amending the constitution, or is a convention merited at this time? Since 1968, amendments to the constitution have been made in a piecemeal fashion. Amendment proposals can be initiated only through the General Assembly and must pass two consecutive legislative sessions before they can be put before voters. Further, each amendment can encompass only one subject. This is an arduous process that can take up to four or more years to accomplish. A convention could bypass this long process and place multiple amendments before the people within a year or two.

Third, what would be the structure, operating procedure and mechanics of such a constitutional convention, including decisions regarding the number of delegates, timeline, and place of the meeting?

The 1968 convention is our nearest model of reference, but unfortunately, that model is dated. Delegate selection in 1968 was controlled by the county parties, which would surely be unpopular today. The 1968 convention had a limited three-month time frame, which in my judgment would not afford enough time for serious deliberation. In addition, the Internet may allow the citizens to have direct participation in the convention process. All of these factors must be considered when crafting a convention.

The final reason for conducting these hearings is to discuss what limits and subject matter should be placed before a convention for its consideration. Should we restrict the convention's reach to a few specific items that go to the core of how government functions in Pennsylvania? If so, what should those subjects be? A constitutional convention may not be the best forum to tackle controversial social issues. However, it may be the perfect body to discuss the legislative process, the size of the General Assembly, term limits, salaries for legislators and judges, and reapportionment.

During the public hearings, witnesses from a broad spectrum of viewpoints have testified, and I invite the citizens of Pennsylvania to provide us with their testimony. A window of opportunity for reform now exists, but how long that window might be open, or even how wide it is, are not yet known.

State Sen. Jeffrey E. Piccola is a Republican who represents Dauphin and York Counties.

http://www.philly.com/inquirer/opinion/pa/20070410_Time_to_revise_Pa__Constitution.html
http://www.piccola.org/

Tuesday, April 10, 2007

Russ Diamond PA Convention Game

Russ Diamond, known for founding PA Clean Sweep back in 2005 to mount opponents to incumbents in the Pennsylvania state legislature who voted themselves salary increases and took them in the form of unvouchered expenses, and who also mounted a campaign for Governor of PA which failed, is reshaping his argument for a Pennsylvania Constitutional Convention.

Diamond's opinion-piece is posted on a Centrist at Heart which touts itself as a moderate conservative site and also published in a Herald-Standard commentary entitled: "Latecomer Rendell tries to hijack reform train."

In it, Diamond slams PA Governor Ed Rendell's consideration of adoption of a series of government reforms and equates Rendell's proposals to an attempt to hijack the "reform train."

There's no doubt Russ Diamond attempts trickery to reel in "the people" to his cause of holding a so-called citizens' convention.

Diamond again first tries to convince readers that there is a broad and massive PA reform movement darn it, there really, really is.

If you keep saying something over and over again it must be true.

Don't be fooled. There is no widespread, outraged public screaming for a PA Constitutional Convention to be held to enact reform measures the state's legislators could propose themselves and the Governor could sign.

There isn't a mass of people storming Harrisburg to demand a PA Convention be held to alter the structure and the foundation of our PA republican form of government.

Admittedly, Governor Ed Rendell has adopted the language of candidates who ran on issues of reform, but contrary to Diamond's presentation, there is no massive reform train - desirous of overhauling our PA Constitution - to hijack.

The ending of his opinion piece shows Diamond's willingness to try again to fool the people of Pennsylvania all the time on the issue of a PA Constitutional Convention.

Diamond wraps up his opinion-piece with:

if he truly believes in the right of self-governance as enumerated by Article I of the Constitution, a carefully crafted citizens' convention provides no cause for hand wringing, anguish or hesitation of spirit.

See how Diamond spins?

If you believe in the right of self-governance... there's no cause for hand-wringing with a carefully crafted citizens' convention.

I guess if one lists a really long list of the dangers of both a limited and unlimited convention, as we've done here at Net the Truth Online (and Vote Fix) ever since the issue of a convention arose in August 2005 during Diamond's speech at a PA Newspaper Association meeting, then one must not believe in the right of self-governance, according to Diamond.

Tuesday, March 27, 2007 PA Constitution Did No Wrong

Wednesday, February 21, 2007 PA Constitutional Convention: Be Afraid, Be Very Afraid

Saturday, January 27, 2007 PA Reform Populists Want Convention Initiatives Referendums

(See sidebar and archives search for more)

Don't let Diamond fool you. Those of us who have an objection to a PA Constitutional Cconvention believe in self-governance, and as well, maintaining the foundation of our nation and our state as a republic, representative government over direct democracy.

The Founders warned of democracy. Those who want an unlimited or open general convention also want initiatives and referendums which is direct democracy.

  • Update: April 27, 2007 However, Diamond has responded he isn't among those who desire an open or unlimited general convention, rather, he proposes a general convention, excluding Article I. Diamond further relays he doesn't want an unlimited constitutional convention.


Lastly, it wasn't Rendell's idea to form an Office of Public Records Advocate. That's the proposal of newly elected freshman, Timothy Mahoney, whose idea Rendell obviously now supports as does re-elected Democrat H. William DeWeese.

And, the idea is an example of what can be proposed, supported, accepted, and adopted in legislation without the need for a PA Constitutional Convention.

Let the public get behind the effort for open records legislation, and all other reform measures. Educate them to become informed on the issues, and then make their opinions well-known to their representatives.

In addition, the state legislature recently adopted 31 of 32 reform measures, which again, shows there is no need to mount a convention to get the PA legislators to reform themselves.

Governor Rendell makes a well-stated case against a convention by the very action of his proposing the type of reforms he's proposed. He got the message from the defeats of a handful of the state's top leadership in the '06 Primary and General elections.

We can discuss whether his proposals have merit, but we don't need a PA Convention to propose amendments to the Constitution. The PA Constitution did no wrong.

It doesn't take a convention to get the state legislators and Governor to clean up their own acts. It takes the threat of people becoming engaged in their own action - at the polling place - the last election, the next election, and the next.

Latecomer Rendell tries to hijack reform train
By Russ Diamond
04/07/2007

Gov. Ed Rendell should step aside from his bid to become the state's reformer-in-chief. While some of his ideas may have merit, the governor has no more right than the average citizen to prescribe the structure of state government in Pennsylvania and his viewpoint is distorted by his position.


Perhaps his goal of a better open records policy is desirable, but his suggestion of creating an Office of Public Records Advocate might be just another plump patronage position to be filled by political pals. Maybe the people can come up with a better plan for making government more transparent.

Perhaps merit selection for state appellate judges is an idea worth considering, but what if the people would rather make all judicial races non-partisan affairs and ban contributions to those races by lawyers?

How could Rendell's proposed Appellate Court Nominating Commission, dominated by a majority of legislative and executive appointees and confirmed by the Senate, improve the independence of the judiciary?

Independence from the other two branches should be encouraged, but independence from the sovereign people at the voting booth should not.

Perhaps the governor's suggested campaign finance limits appear to level the electoral playing field. On the other hand, maybe the people of this Commonwealth realize that the voter revolt of 2006 would not have been possible under those limitations and that no financial ceiling could ever negate the current incumbency protection program.

Perhaps Rendell's legislative term limits sound like a good idea, but reality in Pennsylvania suggests that if the General Assembly was truly part-time and was stripped of the unconstitutional perks it now enjoys, term limits would be utterly unnecessary.

Perhaps Pennsylvanians want a smaller legislature, but maybe they'd like a larger one, or to keep its size the same, with some of the above mentioned features and fewer expenses. Maybe they want to look at the other 49 states to see what others are doing before deciding which path is best for the Commonwealth.

Perhaps the time has come for citizen redistricting, but Rendell's 11-member commission would include four legislators and three appointees of the governor, two of whom would be legislators.

The remaining four would be appointed by - you guessed it - the four legislative caucus leaders. Pennsylvanians just might have a slightly different notion of how a citizens redistricting commission should look.

On constitutional issues in Pennsylvania, the governor's opinion has no more real or deserved weight than the average citizen's.

Perhaps the governor has some good ideas. Perhaps he doesn't. Either way, today's climate dictates that constitutional change should not be viewed only through the myopic lens of the chief executive.

The merit of Rendell's ideas should be discussed openly among citizens, not quietly between the three branches of government. Other citizens should be able to discuss their ideas as well.

The proper forum for such a discussion is a constitutional convention. Surely, the governor would be free to provide his vision for consideration at such a gathering.

"Citizens will not rest until there is an end to perks, an end to control by private interests and an end to political rules that shut them out of the process," the governor said in a press release.

But his plan eliminates no perks, suppresses the freedom of speech in political races and utterly shuts the people out of the process of structural change.

Nearly two years after the reform train left the station as Ed Rendell signed the pay raise, the governor is using his bully pulpit to try to hijack it.

Perhaps he doesn't realize that many other citizens were on board well ahead of him. Their voices on constitutional matters deserve an equally fair hearing.

In announcing his preferred reforms, Rendell expressed trepidation at the prospect of a constitutional convention, but if he truly believes in the right of self-governance as enumerated by Article I of the Constitution, a carefully crafted citizens' convention provides no cause for hand wringing, anguish or hesitation of spirit.

A plan for such a convention of the people is available at www.PACleanSweep.com.

Russ Diamond of Annville is chair of PACleanSweep.com

http://www.heraldstandard.com/site/news.cfm?newsid=18179797&BRD=2280&PAG=461&dept_id=468562&rfi=6


Also

Monday, April 02, 2007
Russ Diamond: Rendell Hijacking the Reform Train

http://centristatheart.blogspot.com/2007/04/russ-diamond-rendell-hijacking-reform.html

More

Rendell proposes major government reforms
Tuesday, March 27, 2007
By Tracie Mauriello, Post-Gazette Harrisburg Bureau


HARRISBURG -- Gov. Ed Rendell had no qualms about accepting $100,000-and-up campaign contributions when he ran for re-election last fall.

Now, though, he says that's too much; contributions should be limited to $5,000 in gubernatorial elections and $2,000 in most other races.

"There's far too much influence in the governmental process by people and organizations with large amounts of money," Mr. Rendell told reporters yesterday at the Pennsylvania Press Club's monthly luncheon.

Campaign finance limits are one part of a package of reforms the governor is putting forth.

He also wants to expand open records laws, change the judicial selection process, reduce the size of the Legislature and impose term limits on senators and representatives, all by 2012.

Meanwhile, Sen. Jeffrey Piccola, R-Dauphin, held a hearing yesterday on whether to hold a constitutional convention later this year or in 2008 to address term limits and the size of the Legislature. He expects it would last three months and involve 150 delegates elected from around the state.

Several citizens groups who fought against the 2005 pay raise urged such a convention but differ over whether the agenda should be limited to just a few issues or whether any aspect of state government should be up for discussion.

Matthew Brouillette of the Commonwealth Foundation urged a limited agenda, saying he didn't want the process to get bogged down in controversial social issues such as gun control and violence.

Meanwhile, Tim Potts of Democracy Rising and Russ Diamond of Clean Sweep advocated an open agenda.

Mr. Rendell prefers to amend the constitution without a convention. Changes would have to be approved by two separate sessions of the Legislature and by voters during a statewide referendum.

"I see dangers in calling a constitutional convention," he said. "I don't think we can limit the scope of such a convention" and talks could drag on for months without action.

Judicial selection is a key part of Mr. Rendell's reform package. He wants them to be selected through a merit system, instead of a political one, where campaigns often are financed by lawyers or businesses that are involved in a lot of lawsuits.

Under his proposal, a 14-member committee would nominate between two to five candidates. The governor would select one for Senate approval. If the Senate rejects three candidates brought forth by the governor, the nominating panel would have final authority on an appointment.

Meanwhile, Mr. Rendell is calling for a separate committee to redistrict the state into fewer legislative districts...

http://www.post-gazette.com/pg/07086/772842-85.stm


Related

Highlights of the Citizens' Constitutional Convention Act of 2007 as proposed by Russ Diamond, PACleanSweep Chair

Convention to be "general" except for Article I

http://www.pacleansweep.com/ccc07.html

TESTIMONY BEFORE THE SENATE STATE GOVERNMENT COMMITTEE

REGARDING A CITIZENS’ CONSTITUTIONAL CONVENTION
Presented by Russ Diamond Chair, PACleanSweep
March 26, 2007


http://www.pacleansweep.com/rhd032607.html

The Reformers
By Brad Bumsted
STATE CAPITOL REPORTER
Sunday, March 25, 2007


http://www.pittsburghlive.com/x/pittsburghtrib/opinion/columnists/bumsted/s_499440.html

A Call For A Constitutional Convention In PA
Posted by Chris on Tuesday, April 3, 2007 at 9:32 am and filed under GrassrootsPA.


Russ Diamond
Posted Tuesday, April 3, 2007 at 5:35 pm | Permalink not yet rated + -
Greg-

As an instructional aid, the 1873 convention excluded Article I. The delegates messed with it anyway and the voters approved their tamperings. This could be avoided by including fidelity to the enabling act in the delgates oath of office. I’ve done that at http://www.pacleansweep.com/ccc07.html

This would subject the convention to court challenge *if* the delegates stray from the mandate. Wasn’t thought of in 1873...

http://www.grassrootspa.com/blog/archives/13743


Written on March 26th, 2007 in News Of The Day, PA Politics, PA Government, PA Constitutional Convention, PA Constitution
by Tim Potts_DR News

A co-founder of Democracy Rising PA today asked the Senate State Government Committee to authorize the Commonwealth’s first general constitutional convention in more than 130 years and to adopt a method for selecting delegates “to achieve the goal of fair representation for all … segments of the citizenry.”

Tim Potts said Democracy Rising PA since 2005 has collected ideas for changes to the state’s Constitution. Now numbering more than 180, the ideas touch every Article of the Constitution.

Democracy Rising PA is the only group so far calling for a general convention. Others have proposed to limit the areas of the Constitution that delegates could address.

Potts said Democracy Rising PA believes it would be unconstitutional and contrary to the principles of self-governance to hold a limited convention.

To limit the convention, he said, would be “tantamount to King George telling Thomas Jefferson what he could discuss in the Declaration of Independence and to deny that those convened in Philadelphia in 1787 could go beyond the confederation to propose to their fellow citizens a more perfect union. It bespeaks a distrust of citizens that undermines the foundation of this noble experiment.”

Potts said a limited convention could forbid discussion of dozens of ideas, including...

http://papundits.com/index.php/category/around-pa/constitutional-convention/