PRIOR PRINTER'S NO. 97 PRINTER'S NO. 531
No. 88 Session of 1987
INTRODUCED BY IRVIS, RYAN, PITTS, KOSINSKI, HONAMAN AND BUNT, FEBRUARY 2, 1987
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 2, 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
1 was the first state to witness the historical and far- 2 reaching confrontation between the Federalists and the Anti- 3 Federalists over amendments defining the rights of citizens. 4 (2) Pennsylvania's Anti-Federalists were minority 5 members of the Pennsylvania ratifying convention who opposed 6 ratification because they believed that the proposed 7 centralized Federal system without the protection of a 8 "national bill of rights" was intimidating and unacceptable. 9 (3) Pennsylvania's Federalists, who prevailed as 10 majority members of the ratifying convention, argued 11 persuasively that the Anti-Federalists had confused a 12 republic with a direct democracy. They argued that size and 13 numbers did not matter in a republic if elected 14 representatives of citizens were able to meet in a central 15 place. They believed also that America's diversity provided a 16 natural system of "checks and balances" which insured liberty 17 because no one interest or class could become too powerful. 18 (4) Pennsylvania's unique familiarity with the 19 provisions of the new Constitution and its opposing issues 20 stems from the fact that two of the Convention's eight 21 delegates were intimately involved with its framing. James 22 Wilson wrote the first draft, and Gouveneur Morris wrote the 23 final draft. 24 (5) Although Pennsylvania's Anti-Federalists lost their 25 battle to add the ten amendments to the Constitution, their 26 enthusiasm was instrumental, during the ratification debates 27 in other states, in securing the attachment of the "Bill of 28 Rights" to the ratified Constitution in 1791. 29 (6) Delegate Benjamin Franklin had authored a 30 "Declaration of Rights" for Pennsylvania's 1776 Constitution. 19870H0088B0531 - 2 -
1 This protection of the rights of Pennsylvania citizens served 2 as a model for the Federal Constitution's "Bill of Rights." 3 (b) Purpose.-- 4 (1) The controversy, aroused in 1787 by the debates over 5 the purpose and need for the protection of citizens' rights 6 to be included in our United States Constitution, continues 7 to this day. 8 (2) Through the reenactment of Pennsylvania's 9 ratification of the United States Constitution, 10 Pennsylvania's General Assembly in the 1987 session intends 11 to stimulate spirited discussions of the ideals expressed in 12 the "Bill of Rights" within the community and among 13 Pennsylvania school children. Such discussions and debates 14 among all Pennsylvanians during the 200th Anniversary 15 celebration can only lead to a deeper awareness and 16 appreciation of the freedoms guaranteed by our United States 17 Constitution. 18 Section 3. Commemoration of the Pennsylvania Ratification of 19 the United States Constitution. 20 (a) General rule.--Whereas the nationwide celebration of the 21 Constitution will be September 17, 1987, and whereas, each state 22 will have its own celebration in connection with the anniversary 23 of its ratification of the document, this act shall provide for 24 celebration of Pennsylvania's ratification of the United States 25 Constitution. 26 (b) Schedule of events.--The 200th Anniversary of 27 Pennsylvania's ratification of the proposed United States 28 Constitution shall span a period from January 1, 1987, through 29 December 31, 1987. During that period, debating contests shall 30 be held among Pennsylvania intermediate unit school children in 19870H0088B0531 - 3 -
1 order to qualify them for participation in a reenactment of the 2 actual Pennsylvania Ratification Convention of 1787. The re- 3 creation of the Convention shall be held in the Senate Chamber 4 of the Pennsylvania Capitol in Harrisburg from December 9 5 through 12, 1987. In addition to the Pennsylvania intermediate 6 unit qualifying debates, there shall be an essay contest, 7 sponsored by the Legislative Bicentennial Subcommittee, which 8 shall be open to intermediate unit students and which shall be 9 conducted during the period leading to the reenactment of the 10 Convention. 11 Section 4. Commemorative program procedures and coordination. 12 (a) General rule.--The members of the General Assembly who 13 are members of the Commonwealth Commission on the Bicentennial 14 of the United States Constitution shall constitute a 15 subcommittee to be known as the Legislative Bicentennial 16 Subcommittee for the purpose of carrying out the provisions of 17 this act. 18 (b) Additional powers of Legislative Bicentennial 19 Subcommittee.--In addition to any other powers and duties 20 prescribed by this act, the Legislative Bicentennial 21 Subcommittee shall: 22 (1) Be responsible for the implementation and 23 administration of the celebration programs set forth in this 24 act. 25 (2) Cooperate with other public and private groups in 26 the reenactment of the Pennsylvania Ratification Convention. 27 (3) Promulgate such rules and regulations as are 28 necessary to implement and administer this act. 29 (4) Enter into contracts and execute all instruments 30 necessary or convenient for carrying on its operations. 19870H0088B0531 - 4 -
1 (5) Employ such persons as may be necessary and 2 convenient to carry out this act. 3 (c) Expenses.--Members of the Legislative Bicentennial 4 Subcommittee shall receive no compensation for their services 5 but shall be reimbursed for reasonable travel and other 6 necessary expenses incurred by them in the performance of their 7 duties. 8 (d) Chairman.--The subcommittee shall elect a chairman from 9 its membership. 10 (e) Quorum.--A majority of the members of the subcommittee 11 shall constitute a quorum. 12 Section 5. Debate. 13 (a) Participants.--Each of the 29 intermediate units shall 14 sponsor and conduct a debate program for qualifying students in 15 grades 9 through 12 in accordance with rules adopted by the 16 Legislative Bicentennial Subcommittee for the purpose of 17 selecting participants in the reenactment of the Pennsylvania 18 Ratification Convention. Each intermediate unit shall select two 19 students to participate in the reenactment and shall submit the 20 names and addresses of two students, per intermediate unit, to 21 the Legislative Bicentennial Subcommittee by October 1, 1987. 22 (b) Issues for debate.--Two intermediate unit students from 23 each of the 29 units shall be chosen through a system of debates 24 among students from grades 9 through 12 debating such basic 25 constitutional issues as whether to: 26 (1) Give citizens the power to call a convention for the 27 purpose of proposing Constitutional amendments. 28 (2) Extend the President's term of office to six years, 29 while eliminating the opportunity to be reelected. 30 (3) Set terms of office for Federal judges and change 19870H0088B0531 - 5 -
1 the method by which they are selected. 2 (4) Give the President an item veto and Congress a 3 legislative veto. 4 (5) Extend the terms of Representatives and limit the 5 number of terms they may serve. 6 (6) Be for or against the popular election of the 7 President. 8 (c) Additional issues.--The Legislative Bicentennial 9 Subcommittee may prescribe additional issue for debate. 10 Section 6. Essay contest. 11 (a) General rule.--The Legislative Bicentennial Subcommittee 12 shall sponsor an essay contest in keeping with its overall goal 13 of stimulating the interest of all Pennsylvanians in the origins 14 of our United States Constitution. 15 (b) Participants and purpose.--The essay contest, open to 16 all 9th through 12th grade students of the Commonwealth, is 17 designed for contestants to examine the Constitutions's basic 18 ideas thoroughly and, through that understanding, become 19 inspired to preserve it. 20 (c) Topic.--The essay contest topic shall be "What Makes the 21 Bill of Rights Essential to Our United States Constitution?" The 22 essay shall not exceed a total of 1,500 words. 23 (d) Period of contest.--The essay contest shall span a 24 period from March 2 to June 1, 1987, with first, second and 25 third place contest winners chosen by October 1, 1987, by the 26 Legislative Bicentennial Subcommittee. Each of the 29 27 intermediate units shall choose two finalists from its unit. All 28 entries shall be submitted to the Legislative Bicentennial 29 Subcommittee postmarked no later than June 30, 1987. 30 (e) Award for first place winner.--The essay contest's first 19870H0088B0531 - 6 -
1 place winner shall receive a cash award, an expense-paid trip to 2 Harrisburg, and the opportunity to read the winning essay at the 3 reenactment of the Pennsylvania Ratification Convention in 4 December. 5 (f) Awards for second and third place winners.--The second 6 and third place contest winners shall receive lesser cash 7 awards, as well as expense-paid trips to the reenactment of the 8 Pennsylvania Ratification Convention. 9 (g) Dissemination of rules and information.--Upon passage of 10 this act, complete essay contest rules and information shall be 11 sent to the 29 Pennsylvania intermediate units by the 12 Legislative Bicentennial Subcommittee. 13 SECTION 7. DEFINITIONS. <-- 14 FOR PURPOSES OF THIS ACT: 15 (1) THE TERM "INTERMEDIATE UNIT" MEANS A GEOGRAPHIC UNIT 16 AS DESCRIBED IN SECTION 902-A OF THE ACT OF MARCH 10, 1949 17 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. 18 (2) THE TERM "INTERMEDIATE UNIT STUDENTS" MEANS ALL 19 STUDENTS ENROLLED IN THE 9TH THROUGH 12TH GRADES AT PUBLIC 20 AND NONPUBLIC SCHOOLS FOR THAT PARTICULAR INTERMEDIATE UNIT 21 AREA. 22 Section 7 8. Termination. <-- 23 The Legislative Bicentennial Subcommittee shall terminate on 24 December 31, 1989. 25 Section 8 9. Appropriation. <-- 26 The unexpended balance of all sums appropriated to the 27 Capitol Preservation Committee for the purpose of the 28 legislative celebration of the Bicentennial, or as much thereof 29 as may be necessary, is hereby transferred to the Legislative 30 Bicentennial Subcommittee to carry out the provisions of this 19870H0088B0531 - 7 -
1 act. In addition, all moneys received from any other sources as
2 contributions to this program shall be paid into the General
3 Fund and credited to this appropriation. Funds unencumbered and
4 unexpended as of December 31, 1989, shall lapse into the General
5 Fund.
6 Section 9 10. Effective date. <--
7 This act shall take effect immediately.
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