Tuesday, August 19, 2008

Constitutional Convention is the Best Way to Bring About Changes in State Government

State Constitutional Convention
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Guest Commentary: State Senator Jeff Piccola

As reform legislation continues to languish in the General Assembly, it has become clear to me that convening a constitutional convention is our best and only hope to create a new system of governance in Pennsylvania. So many of our problems – for example, the pay raise vote, the recent Bonusgate allegations, and the gaming for property tax ‘relief’ debacle – are symptoms of a larger systemic problem that must be treated at the root if they are to be permanently fixed. That root is the state constitution.

The concept of a convention is not as farfetched or as archaic as individuals might think. It has only been 40 years since Pennsylvania’s last constitutional convention, which resulted in several important reforms to the Commonwealth’s judicial system. Three delegates from each Senatorial District were selected by the voters to serve at the convention and debated several potential amendments to the constitution. Those amendments were then placed on the ballot for voters to approve.

Historically, a constitutional convention has not been the appropriate forum to tackle controversial social issues. There are, however, important policies and processes spelled out in the constitution that the legislative, executive, and judicial branches follow which a convention could change. Those reforms could range from changing the size of the General Assembly to term limits, or from instituting merit selection of our judges to setting compensation requirements for public officials.

This is not the first time I’ve advocated for a constitutional convention in Pennsylvania. As Chairman of the Senate State Government Committee, I held a series of public hearings throughout the state last year on the issue to gather information on how conventions are convened, who should serve on them, and what issues the convention should discuss. Using that information, I developed legislation, Senate Bill 1236, which would call for the convening of a limited constitutional convention for the purposes of revising our legislative, executive, and judicial branch functions.

Fortunately, I’m not alone in my call for a convention. Last week, I joined colleagues from the Senate and House for a press conference at the State Capitol to support legislation being unveiled in the House of Representatives which would also call for a constitutional convention. Senator Mike Folmer (R-Lebanon) joined me at the podium to express support for his legislation, Senate Bill 1290, which would establish a citizens-only convention that would allow every aspect of the constitution to be debated with the exception of the Declaration of Rights. This September, I will convene the Senate State Government Committee to hold a vote on our joint legislative proposals.

As stated in Article I, Section 2 of the Constitution of Pennsylvania: “All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, and happiness. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform, or abolish their government in such manner as they may think proper.” If we hope to escape under this dark cloud that encircles the State Capitol and Pennsylvania government, it will be inherent on the people to rise up and let their voices be heard.

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Jeffrey E. Piccola repesents Pennsylvania's 15th Senatorial District and services as chairman of the State Government Committee, www.piccola.org.