To Pa. lawmakers: Stop trying to rush new laws that sidestep our normal process
Since 1968, Pa. has voted on 49 constitutional amendments. This session, lawmakers proposed 80 more. On Constitution Day, let's remember how things are supposed to work.
As the Pennsylvania legislature wrapped its last whirlwind session in July, it passed a flurry of bills at the last minute. We’ve been watching state government for a long time, so we’re used to that.
What we’re not used to — and what we must not get used to — is the legislature’s recent inclination to circumvent our institutional checks and balances by piling monumental changes into constitutional amendments that can’t be vetoed by the governor or reviewed by the courts.
This time around, that abuse included controversial measures on abortion, voter ID, and expanding the General Assembly’s power over the governor in carrying out laws.
» READ MORE: A complete guide and amendment tracker for proposed changes to Pennsylvania’s Constitution
Saturday, Sept. 17 is Constitution Day, the annual civic holiday that commemorates the 1787 signing of the document that has shaped our country’s history. The founders knew that changing times would necessitate a process for amendments, but they established such a process to be deliberative and transparent — not rushed through in the dead of night without public debate.
The process for amending Pennsylvania’s constitution differs from that of the U.S. Constitution, but both processes are intended to treat our foundational documents with care and respect.
The setup mirrors our federal government: The governor is the chief executive (like the president), the legislature writes and passes laws (like Congress), and the courts are the judiciary. Checks and balances are baked in and necessary.
Instead, the legislature has taken to cavalierly amending the Constitution as a way to bypass the executive branch and the regular process of making laws. That’s not how the system was designed to work, and we believe it’s not how voters want the system to work.
In Pennsylvania, lawmakers introduce constitutional amendments that can pass with a simple majority, and can’t be vetoed by the governor. Amendments approved in two consecutive sessions then go to voters as ballot questions. But these critical questions could appear on the ballot in off years when fewer than one in five voters may turn out. This hardly counts as letting the people of Pennsylvania decide. Members of our General Assembly are simply trying to cut the executive branch out of the equation for bills they know the governor won’t like.
This is an abuse of power and a threat to the separation of powers that has only worsened over time.
This is an abuse of power.
Since 1968, Pennsylvanians have voted on only 49 proposed amendments — and approved 43 of them.
In the latest session alone, which began in January 2021, legislators have proposed more than 80 amendments.
We appreciate the General Assembly’s frustration that Gov. Tom Wolf has wielded his veto pen so frequently — the most of any governor in four decades. It’s an unfortunate symptom of a breakdown in governance and getting things done, which requires vigorous debate and compromise. But the remedy is to put elected officials in power who will work together to tackle the real issues facing Pennsylvanians, not for one branch to bypass or undercut another. This is what chips away at the public trust.
This procedural abuse is relatively new, so we can and should stop it before it becomes the norm. Consider contacting your state senators and representatives and asking them to spend less time trying to end-run around the governor and more time working across the aisle to pass bills that both sides agree on. Approaching problems through a bipartisan framework — especially amid a contentious gubernatorial election — will lead to outcomes that improve our state and our country.
Finding that common ground is the only path toward a vibrant and open democracy — and the best way to respect and celebrate our founding documents on a day that implores us to do so.
Al Schmidt is president and CEO of Committee of Seventy, a nonprofit and nonpartisan advocate for better government in Philadelphia and Pennsylvania.