PENNSYLVANIA CONSTITUTION OF 1776 (August 16, 1776)

Pennsylvania's short-lived first constitution, superseded in 1790, is notable because it was the most unorthodox and democratic of the constitutions of the original states. Although the extralegal "convention" that framed the document exercised full powers of government and remained in session as the legislature, the constitution was fundamental law. Its preamble, stressing natural rights theory, declared that it was "for ever" unalterable; its declaration of rights was made part of the constitution and inviolable; and its frame of government created a legislature without the power "to add to, alter, abolish, or infringe" any part of the constitution.

The declaration of rights was superior to the more famous virginia declaration of rights, Pennsylvania's model. Pennsylvania omitted the right to bail and the ban against excessive fines and cruel and unusual punishments but added freedom of speech, assembly, and petition; separated church and state; recognized the right of conscientious objection; protected the right to counsel in all criminal cases; and provided for the right to bear arms and the right to travel or emigrate—all constitutional "firsts" in the United States. To create a political democracy controlled by the people, the frame of government established a powerful unicameral legislature, with no upper house to check the lower and no governor to veto its legislation. The legislature's proceedings had to be made public and its doors were to be open to the public. In effect all males of voting age could vote, because the constitution enfranchised all taxpayers (all men had to pay a poll tax) and their sons, and anyone who could vote was eligible to hold office. Proportional representation, based on the number of taxable inhabitants, governed the apportionment of the legislature.

In place of a governor the constitution established a council, elected by the people, representing each county, with a president or chairman. The council had weak executive powers but for the power to make appointments, including all judges. The constitution instituted few checks and did recognize separation of powers. Its strangest institution was the council of censors, a popularly elected body that met for one year in every seven and was charged with the responsibility of seeing that the constitution was preserved inviolate; it could review the performance of all public officers, order impeachments, recommend repeal of legislation, and call a convention to revise the constitution. That council met only once and was so politically divided that it did nothing. But the vermont constitution of 1777, based on Pennsylvania's, copied the council of censors and kept it until 1869. The Pennsylvania Constitution of 1790 followed the massachusetts constitution of 1780.

Leonard W. Levy
(1986)

Bibliography

Selson, J. Paul (1936) 1971 The Pennsylvania Constitution of 1776. New York: Da Capo Press.