Pennsylvania Constitution the Pennsylvania Constitution

Pennsylvania Constitution

The Pennsylvania Constitution of 1777 was highly democratic, but also controversial. It was instituted in opposition to the existing government and maintained important aspects of freedom and democracy. The Constitution opens with a Preamble that's main points are to illustrate the need and purpose of the Constitution. In the Preamble, it notes that, "the despotic domination of the British parliament, with many other acts of tyranny," which shows the importance of the need for this Constitution. It makes strong statements, and thus sets the tone for a strong Constitution that will not back down from any threats. More important, however, is the point that the Constitution should function "which shall by the same authority of the people," which is an indicator that the Constitution will be democratic in nature. The following section declares the rights of citizens in Pennsylvania. It is effective in outlining that "That all men are born equally free and independent." Emphasized within this section is the freedom of religion in Article II. Surprising is the stipulation that: "Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen." This appears that special consideration is given to those who believe in God, and this may be going too far in stipulating that men are not equally free, but rather those that believe in God are freer. This is further indicated in the oath for assembly members that they must say: "I do believe in one God." Next is the most in depth as it details how the government should function. This section is very clear that the legislative power should be most important in ruling the people. "The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Pennsylvania," it says in Sect. 2. This illustrates that the people should have power, and their power is given to the legislature. There are also stipulations in the Constitution that give the legislature greater power than other branches, and complete supremacy in the government. As a unicameral legislature, there is more power within the legislature and as the executive is broken down into a council, it is weakened. Ultimately, the legislature is given the most power, with the only power not given to it being that it cannot, "add to, alter, abolish, or infringe any part of the Constitution. Interesting to the Constitution is that it attempts, in Sect. 19, to give more public office experience to as many people as possible. This would seem effective in the small nature of colonial society at the time. Sec. 19 also gives supremacy to the legislature as, "The president and vice- president shall be chosen annually by the joint ballot of the general assembly and council, of the members of the council," meaning that the legislature has influence over the executive. The assembly elects the President, not the people, meaning the legislature is supreme. Of course, according to this Constitution however, is that the Assembly should be at all times a reflection of and maintain the power of the people. This means that the people should have supremacy, but their supremacy is vested into the Assembly, that is the legislature. The Pennsylvania Constitution is highly democratic and is it invests everything in the legislature. The power of the people is considered to be most important, and the best way to reflect the power is through giving power to the legislature. The Pennsylvania Constitution is thus very effective in meeting its aim and giving power to the legislature. The most interesting aspect is perhaps the religious emphasis of the Constitution which does more than just maintain freedom of religion, but seems also to reflect on the importance of religion in society. This however, does not deny the democratic aspects of the Constitution. In the end, the freedom is maintained, and Ben Franklin signs it as it intends to preserve the rights violated by the tyrannical nature of England.