PRINTER'S NO. 97
No. 88 Session of 1987
INTRODUCED BY IRVIS, RYAN, PITTS, KOSINSKI AND HONAMAN, FEBRUARY 3, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 1987
AN ACT 1 Providing for the celebration of the 200th Anniversary of 2 Pennsylvania's ratification of the United States 3 Constitution; providing for a reenactment of ratification 4 events by a legislative committee and certain students; 5 providing for debating and essay contests and other events; 6 creating the Legislative Bicentennial Subcommittee, providing 7 for its powers and duties and transferring an unexpended 8 appropriation thereto; imposing duties upon intermediate 9 units; and providing for the termination of the subcommittee. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Short title. 13 This act shall be known and may be cited as the Commemoration 14 of the Pennsylvania Ratification of the United States 15 Constitution Act. 16 Section 2. Legislative findings and purpose. 17 (a) Findings.--The General Assembly of the Commonwealth of 18 Pennsylvania finds as follows: 19 (1) Pennsylvania, which on December 12, 1787, became the 20 second state to ratify the United States Constitution, also 21 was the first state to witness the historical and far-
1 reaching confrontation between the Federalists and the Anti- 2 Federalists over amendments defining the rights of citizens. 3 (2) Pennsylvania's Anti-Federalists were minority 4 members of the Pennsylvania ratifying convention who opposed 5 ratification because they believed that the proposed 6 centralized Federal system without the protection of a 7 "national bill of rights" was intimidating and unacceptable. 8 (3) Pennsylvania's Federalists, who prevailed as 9 majority members of the ratifying convention, argued 10 persuasively that the Anti-Federalists had confused a 11 republic with a direct democracy. They argued that size and 12 numbers did not matter in a republic if elected 13 representatives of citizens were able to meet in a central 14 place. They believed also that America's diversity provided a 15 natural system of "checks and balances" which insured liberty 16 because no one interest or class could become too powerful. 17 (4) Pennsylvania's unique familiarity with the 18 provisions of the new Constitution and its opposing issues 19 stems from the fact that two of the Convention's eight 20 delegates were intimately involved with its framing. James 21 Wilson wrote the first draft, and Gouveneur Morris wrote the 22 final draft. 23 (5) Although Pennsylvania's Anti-Federalists lost their 24 battle to add the ten amendments to the Constitution, their 25 enthusiasm was instrumental, during the ratification debates 26 in other states, in securing the attachment of the "Bill of 27 Rights" to the ratified Constitution in 1791. 28 (6) Delegate Benjamin Franklin had authored a 29 "Declaration of Rights" for Pennsylvania's 1776 Constitution. 30 This protection of the rights of Pennsylvania citizens served 19870H0088B0097 - 2 -
1 as a model for the Federal Constitution's "Bill of Rights." 2 (b) Purpose.-- 3 (1) The controversy, aroused in 1787 by the debates over 4 the purpose and need for the protection of citizens' rights 5 to be included in our United States Constitution, continues 6 to this day. 7 (2) Through the reenactment of Pennsylvania's 8 ratification of the United States Constitution, 9 Pennsylvania's General Assembly in the 1987 session intends 10 to stimulate spirited discussions of the ideals expressed in 11 the "Bill of Rights" within the community and among 12 Pennsylvania school children. Such discussions and debates 13 among all Pennsylvanians during the 200th Anniversary 14 celebration can only lead to a deeper awareness and 15 appreciation of the freedoms guaranteed by our United States 16 Constitution. 17 Section 3. Commemoration of the Pennsylvania Ratification of 18 the United States Constitution. 19 (a) General rule.--Whereas the nationwide celebration of the 20 Constitution will be September 17, 1987, and whereas, each state 21 will have its own celebration in connection with the anniversary 22 of its ratification of the document, this act shall provide for 23 celebration of Pennsylvania's ratification of the United States 24 Constitution. 25 (b) Schedule of events.--The 200th Anniversary of 26 Pennsylvania's ratification of the proposed United States 27 Constitution shall span a period from January 1, 1987, through 28 December 31, 1987. During that period, debating contests shall 29 be held among Pennsylvania intermediate unit school children in 30 order to qualify them for participation in a reenactment of the 19870H0088B0097 - 3 -
1 actual Pennsylvania Ratification Convention of 1787. The re- 2 creation of the Convention shall be held in the Senate Chamber 3 of the Pennsylvania Capitol in Harrisburg from December 9 4 through 12, 1987. In addition to the Pennsylvania intermediate 5 unit qualifying debates, there shall be an essay contest, 6 sponsored by the Legislative Bicentennial Subcommittee, which 7 shall be open to intermediate unit students and which shall be 8 conducted during the period leading to the reenactment of the 9 Convention. 10 Section 4. Commemorative program procedures and coordination. 11 (a) General rule.--The members of the General Assembly who 12 are members of the Commonwealth Commission on the Bicentennial 13 of the United States Constitution shall constitute a 14 subcommittee to be known as the Legislative Bicentennial 15 Subcommittee for the purpose of carrying out the provisions of 16 this act. 17 (b) Additional powers of Legislative Bicentennial 18 Subcommittee.--In addition to any other powers and duties 19 prescribed by this act, the Legislative Bicentennial 20 Subcommittee shall: 21 (1) Be responsible for the implementation and 22 administration of the celebration programs set forth in this 23 act. 24 (2) Cooperate with other public and private groups in 25 the reenactment of the Pennsylvania Ratification Convention. 26 (3) Promulgate such rules and regulations as are 27 necessary to implement and administer this act. 28 (4) Enter into contracts and execute all instruments 29 necessary or convenient for carrying on its operations. 30 (5) Employ such persons as may be necessary and 19870H0088B0097 - 4 -
1 convenient to carry out this act. 2 (c) Expenses.--Members of the Legislative Bicentennial 3 Subcommittee shall receive no compensation for their services 4 but shall be reimbursed for reasonable travel and other 5 necessary expenses incurred by them in the performance of their 6 duties. 7 (d) Chairman.--The subcommittee shall elect a chairman from 8 its membership. 9 (e) Quorum.--A majority of the members of the subcommittee 10 shall constitute a quorum. 11 Section 5. Debate. 12 (a) Participants.--Each of the 29 intermediate units shall 13 sponsor and conduct a debate program for qualifying students in 14 grades 9 through 12 in accordance with rules adopted by the 15 Legislative Bicentennial Subcommittee for the purpose of 16 selecting participants in the reenactment of the Pennsylvania 17 Ratification Convention. Each intermediate unit shall select two 18 students to participate in the reenactment and shall submit the 19 names and addresses of two students, per intermediate unit, to 20 the Legislative Bicentennial Subcommittee by October 1, 1987. 21 (b) Issues for debate.--Two intermediate unit students from 22 each of the 29 units shall be chosen through a system of debates 23 among students from grades 9 through 12 debating such basic 24 constitutional issues as whether to: 25 (1) Give citizens the power to call a convention for the 26 purpose of proposing Constitutional amendments. 27 (2) Extend the President's term of office to six years, 28 while eliminating the opportunity to be reelected. 29 (3) Set terms of office for Federal judges and change 30 the method by which they are selected. 19870H0088B0097 - 5 -
1 (4) Give the President an item veto and Congress a 2 legislative veto. 3 (5) Extend the terms of Representatives and limit the 4 number of terms they may serve. 5 (6) Be for or against the popular election of the 6 President. 7 (c) The Legislative Bicentennial Subcommittee may prescribe 8 additional issue for debate. 9 Section 6. Essay contest. 10 (a) General rule.--The Legislative Bicentennial Subcommittee 11 shall sponsor an essay contest in keeping with its overall goal 12 of stimulating the interest of all Pennsylvanians in the origins 13 of our United States Constitution. 14 (b) Participants and purpose.--The essay contest, open to 15 all 9th through 12th grade students of the Commonwealth, is 16 designed for contestants to examine the Constitutions's basic 17 ideas thoroughly and, through that understanding, become 18 inspired to preserve it. 19 (c) Topic.--The essay contest topic shall be "What Makes the 20 Bill of Rights Essential to Our United States Constitution?" The 21 essay shall not exceed a total of 1,500 words. 22 (d) Period of contest.--The essay contest shall span a 23 period from March 2 to June 1, 1987, with first, second and 24 third place contest winners chosen by October 1, 1987, by the 25 Legislative Bicentennial Subcommittee. Each of the 29 26 intermediate units shall choose two finalists from its unit. All 27 entries shall be submitted to the Legislative Bicentennial 28 Subcommittee postmarked no later than June 30, 1987. 29 (e) Award for first place winner.--The essay contest's first 30 place winner shall receive a cash award, an expense-paid trip to 19870H0088B0097 - 6 -
1 Harrisburg, and the opportunity to read the winning essay at the 2 reenactment of the Pennsylvania Ratification Convention in 3 December. 4 (f) Awards for second and third place winners.--The second 5 and third place contest winners shall receive lesser cash 6 awards, as well as expense-paid trips to the reenactment of the 7 Pennsylvania Ratification Convention. 8 (g) Dissemination of rules and information.--Upon passage of 9 this act, complete essay contest rules and information shall be 10 sent to the 29 Pennsylvania intermediate units by the 11 Legislative Bicentennial Subcommittee. 12 Section 7. Termination. 13 The Legislative Bicentennial Subcommittee shall terminate on 14 December 31, 1989. 15 Section 8. Appropriation. 16 The unexpended balance of all sums appropriated to the 17 Capitol Preservation Committee for the purpose of the 18 legislative celebration of the Bicentennial, or as much thereof 19 as may be necessary, is hereby transferred to the Legislative 20 Bicentennial Subcommittee to carry out the provisions of this 21 act. In addition, all moneys received from any other sources as 22 contributions to this program shall be paid into the General 23 Fund and credited to this appropriation. Funds unencumbered and 24 unexpended as of December 31, 1989, shall lapse into the General 25 Fund. 26 Section 9. Effective date. 27 This act shall take effect immediately. A27L37CHF/19870H0088B0097 - 7 -