Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-12-15

mission on reUiSion Of the state constitution
holding sessions from time to time al Harris
burg. II cus submitted By Robert Brdnnan.
n wcll knomn member of the Philadelphia
bar, former assistant city solicitor and n
prominent journalist Of this city II raises
a number Of ertrcmcly pertinent questions
and ShOWh challenge attention aud dnsDcr
By the attorney general.
70 B,c Editor ot the Erc,sin0 PRbc Ledger:
Sr--nid the Legislature and the Gov
cruor Of Pennsylvania create the constitu-
tion of this commonwealth or did the con-
sttutou create the Legislature aud the
Governor?
1t seems that the Legislature aud the Gov
cruor entertain the notion that they are the
creators of the constitution. The former
has authorized and the latter has appointed
II select commission of twenty five men and
women to revise the constitution, aud that
commission has now organized and entered
upon the work Of framing q new constitution
for the people of the state.
But where do the Legislature and the
Governor derive the power to delegate to
commission of citizens the right to revise
and to recommend changes in the funda
mental law of the commonwealth?
The constitution of Pennsylvania is the
child of all the people. II had its birth in
tho sovereign will of the electors Of the
commonwealth. Nowhere in that instru
mcut can there be found any grant Of power
to the Legislature aud the Governor to dele
cato 10 any body of citizens authority to re-
wise or TO recommend q revision of its
powers.
II is perfectly true that the people have
in their constitution granted to the General
Assembly all of the legislative power of the
commonwealth, but it is also true that they
have, in the article on amendments, limited
TO the Legislature itself the right to sub
nit to them for their approval amendments
TO their constitution. The power of amend
ing the constitution is therefore not included
in the general powers of legislation granted
to the General Assembly. That power is the
subject of a separate article, and the Gen
cral Assembly must look to that article for
its power to name such a commission ms 1t
has authorized The article on amendments
TO the constitution contains such grant of
power. 1t gives to the Legislature, and to
the Legislature alone, under certain specified
regulations, the right to submit amendments
to the people for their approval.
And that is as it should be in a represen-
tative government. The people, having es
tablishcd and ordained the constitution, have
thus provided that they can, through their
own representatives in the Legislature, sub
nit to themselves any changes in the
ganic law which they may deem to be neces
sary. Thus have they kept in their own
| hands the power over their organic law.
But the Legislature and the Governor, in
| giving that constitution into the hands of
commission of twenty five citizens for revs
| ion or amendment. have, to that extent,
| usurped the power of the people. They have
delegated power which the people vested
| in them alone, as their direct representa-
| tives, to body of citizens who not re-
| sponsible to the people and who do not rep
| resent the people, inasmuch as they have
| had no voice in their selection. As of
| the members of the commission has very
truly said, 'it is an UNUSUAL and unpre
| cedented" body which the Legislature and
| the Governor have created to revise the con-
| stitution. But ] venture to assert that it is
also an unconstitutional body.
The fact that its recommendations are to
| be made to the Legislature and will have
| no force or effect until they are approved
! by the people does not relieve it of it's unE
| constitutional character. For it is to be re-
| membered that a constitutional convention
| authorized by the people, and whose dele
gates are chosen directly by the people, has
no, greater powers than have been delegated
| by the Legislature to this commission. The
| work of such convention when completed
| must be submitted to the people for their
| approval before it can become effective. This
constitutional commission of Governor
| Sproul is therefore, legislative substitute
! for peoples constitutional convention. 1t
| proposes to do everything that a constitu
| tional convention could do with the single
exception that it submits its report to the
| Legislature, whereas convention would re
port directly to the people.
Now what reasons are advanced to justify
, this unusual and unprecedented and, as
| / hold unconstitutional method of revising
the constitution:
Well, it is urged that 1t would be Gun
| safe' to allow the people, in their present
state of mind, to choose representatives to a
| convention to revise the constitution. 1t is
argued that there is too much radicalism
among the people; that discomfort and un-
rest have unsettled their sane and sober judg
ment. Therefore it is necessary to select q
few cool and wise heads from this great
mass of discomfort and intrust them with
the power to revise the fundamental law for
the turbulent majority. 1t is, of course, part
of the plan, as now announced, that the peo-
pie shall be permitted to hold a convention
after they have quieted down and become
| once again normal to consider the work OF
the wise men and women.
| Such is the argument for the unusual
unprecedented and, as j believe, uncon.
stitutional action of the Legislature and tht
| Governor. lnuL argument IL no JuStlHCdllOl
for the creation of this constitutional com
mission. The facts of history answer tha
argument so incontrovertibly that they neeC
only to be stated to completely demoish it
Since the independence of the commonwealth
of Pennsylvania there have been four con
stitutions adopted. The first was adopted il
the midst of the Revolution, a little NOR
than month after the Declaration of indie
pendence. 1t was a time of unrest, excite
ment and turbulence, and yet that constitu
ton contained the Bill of Rights unde
which we enjoy our liberties today. Th
next was the constitution Of 1890, the con
vention having met in 1880, during the frs
year,of the life of the present federal gov
ernment.
1t was time of unrest and turmoil, an
the convention was preceded by riots in tn