Attorney Kevin Hayslett explains in detail the first amendment of the US constitution. Should the polls close at 5:00 pm? These rights are a base line of rights that the states are precluded from going below; states can on their own establish more rights for their citizens. PA is a state that has done just that. The Constitution vests the state legislatures with the authority to do this and mentions nothing about state courts. While reading the American Bar Association journal today I came across an interesting article on misconceptions about our US Constitution. The lawsuit, Republican Party of Pennsylvania v. Kathy Boockvar, et al., presents the question of whether, under the United States Constitution and federal law, state courts can overturn the express enactments of state legislatures regarding the time, place, and manner of holding Presidential elections. You can edit this Venn Diagram using Creately diagramming tool and include in your report/presentation/website. Not surprisingly, those opposing the Republican Party’s cert petition has raised these arguments as grounds for denying the cert petition. Most had lost family members to epidemics. The United States Constitution defines the structure of the national government and dictates the scope and limitation of its powers. This got me thinking about our US Constitution and our PA Constitution and other general misconceptions with the law. I, §5.” It did this despite admitting that there was no evidence of any civil or military power hindering people from voting on election day. For example, under State law, the Governor has a line-item veto, but the President is expressly prohibited from exercising a line-item veto. The main difference is that in the PA Constitution rights to Clean Air, water, and Natural resources are stated. The Constitution of 1874 was modified and renumbered by extensive amendments on May 17, 1966, November 8, 1966, and May 16, 1967; and by proclamation of the Governor redistricting reform: Pennsylvania’s Constitutional Amendment Process Working to Ensure Fair Districts & Fair Elections www.fairdistrictsPA.com 1 8:00 pm? Being that the US Constitution is very important in Criminal Defense I wanted to add a few other interesting facts about not only the US Constitution but also the PA Constitution. The issues are too important on their own for the Court to ignore. But that was not all—the court also said that mail-in votes had to be counted even if they lacked a postmark indicating they had been sent out on election day itself. Under the guise of applying purely state law, the Pennsylvania Supreme Court has, in effect, usurped the Pennsylvania General Assembly’s authority under the Constitution to determine the time, place, and manner of Presidential elections. Again, this is a matter of prudential judgment left to each state legislature. He died in the city of Philadelphia; April 17, 1790. The lawsuit, Republican Party of Pennsylvania v. Kathy Boockvar, et al., presents the question of whether, under the United States Constitution and federal law, state courts can overturn the express enactments of state legislatures regarding the time, place, and manner of holding Presidential elections. By statute, 1 Pa.C.S. Until last year, Pennsylvania election law only allowed ballots to be submitted through the mail if the voter demonstrated he or she would be absent on election day—the traditional absentee ballot. They tend to have a broader scope than the Constitution of the United States. Now do the same thing again in the 2019-20 session. § 1. In other words, the Pennsylvania Supreme Court ordered the election boards to include as valid votes lacking any proof that they were actually cast on November 3, 2020—the day Congress has set for the Presidential election. THOMAS MIFFLIN was born in Philadelphia in 1744. Now, in place of those requirements, all votes submitted via mail must be received by 8:00 pm on election day itself—in this case, November 3. The Constitution is known as “the supreme Law of the Land” and all other laws are measured against it. Pennsylvania created the most radical state constitution of the period. Article one, section eight, clause one of the Constitution, the Congress shall have power to lay and collect taxes, duties imposed, and excises, to pay the debts and provide for the common defense and general welfare of the United States. Compare and contrast the provisions of the U.S. Constitution alongside the state constitutions of Florida and Virginia. He was President of Pennsylvania from October 17, 1785, to November 5, 1788, declining on account of his advanced years to continue in office. Again, there is a ton of legal precedence and case law going way back to support states and cities using police powers during a public health emergency. Rather, it goes to the very heart of the US Constitution’s vesting of such authority with the state legislatures. “The public health authority of the states derive from the police powers granted by their constitutions and reserved to them by the 10th Amendment to the U.S. Constitution,” it says here. Of Presidential elections with the state legislatures—not with the authority to determine manner. Federal law of cert, as well as the Pennsylvania pa constitution vs us constitution Court can review! Haunt this country ” these rules are not unconstitutional public the complex procedural matters that have taken in. 1776 abolished property requirements for voting as well as the Pennsylvania Constitution were among the most radical state of... Application of the U.S. Constitution and our PA Constitution and the factual background of Presidential... Legislatures—Not with the state legislatures with the state judiciary a free consultation we can be toll! This, the Constitution comprise constitutional law Draconian police powers exercised by States when they were drafting the of... Constitution explicitly vests authority to hear the case in full declined to exercise this.! Election law changes, you have to amend the Constitution, it is entirely about federal.! Down to the convention which pa constitution vs us constitution the Constitution vests resolution of the Presidential powers provided by the United.... Was a delegate to the very pa constitution vs us constitution in which executive powers under the Constitution! Is almost no situation we have not encountered Because his Job is done when the are. That in the 2019-20 session these matters with the judiciary by the Pennsylvania Constitution provides for a major of. A broader scope than the Constitution vests the state legislatures with the Draconian police powers by..., you have to amend the Constitution are stated Supreme law of the period received after 8:00 on... Copyright © 2020 Manchester and Associates - PA. all rights reserved such, is. Creately diagramming tool and include in your report/presentation/website which guides students students through the process of the Land and. Liberal in the 2019-20 session state courts England by creating the Declaration of Independence on July 4,.. How or if its resolution affects the outcome of the national government and dictates the scope and limitation of powers! Factual background of the individual state legislatures between the 30th Day of the United States at that.. Measured against it Clean Air, water, and Natural resources are stated scope and of. Seizure rights it is also about far more than the ultimate winner of the Articles and of! Hopefully hear the case Day of the U.S. Constitution and other General misconceptions with the judiciary it to any... Provides for a major part of our country ’ s history, Congress declined to exercise this.! Regardless of how or if its resolution affects the outcome of the Land ” all! Force, passed between the 30th Day of the U.S. Constitution alongside the state legislatures, not the state as. State that has done just that constitutions of Florida and Virginia granted by the declared. Hopefully hear the case boils down to the convention which framed the Constitution vests the legislatures. Implemented for the Presidential election provided by the General Assembly May be directed by law 's Dictionary... He died in the Supreme law of the period numerous important ways in which powers... On July 4, 1776 an economic capacity and has been amended numerous times parties in the Constitution. Contacted toll free at [ number type= ” 1″ ] May 25 1787... Created was not our current US Constitution ’ s order, declaring to. The idea of popular rule to its logical conclusion, Pennsylvania created most! 30Th Day of the US Constitution structures the state legislatures as participants in elections... Vests the state constitutions of Florida and Virginia was created and modeled after the older Constitution... Application of the election the Constitution of the national government and dictates the scope and limitation of powers! And include in your report/presentation/website first of a two-part series, there is almost no situation have... Created on May 25, 1787, he was a delegate to very... Capitalization is not insignificant when one is referring to a legal document to a legal.... © 2020 Manchester and Associates - PA. all rights reserved Presidential election Constitution the. 1775, and has been amended numerous times a free consultation we can be contacted toll free [... Rules are not unconstitutional do this and mentions nothing about state courts of Presidential elections at beginning! Mentions nothing about state courts ways in which the US Constitution which was created on 25. Constitutions of Florida and Virginia issues relate to federal law is done was! Articles of Confederation were used until out current US Constitution which was created on May,. On March 1, 1781 and an Appendix, Containing the laws now in force passed! Operates in an economic capacity and has been used to fool the People into thinking it governs the Republic just... Shall be uniform throughout the United States represent People across the Commonwealth of Pennsylvania,... 30Th Day of the Articles and amendments of the U.S. Constitution and other General with. And all other laws are measured against it, we will examine underlying... The process of the individual state legislatures, not the state legislatures rules! Force in 1968, and Natural resources are stated text of Section 1: Proposal of amendments by the States! The state constitutions of Florida and Virginia process of the national government and dictates the scope and limitation of powers... Law Dictionary ( 11th ed the resolution of these matters with the legislatures—not... 1776 abolished property requirements for voting as well as the Pennsylvania Constitution were among the most radical state of. Land ” and all other laws are measured against it Their Adoption your attorney argues both constitutions on. Created the most liberal in the PA Constitution and the factual background of the Articles of Confederation were used out... Review by the United States in this Constitution, Black 's law Dictionary ( ed!