Headline: PA State Senate Votes on Amendment to Limit Gov. Constitutional Power 

Author: Madison Kwiecinski, News Editor

On January 26th, the PA Senate voted on a proposed constitutional amendment to limit the length in which a governor can declare future emergency disasters.

Under current PA law, a Governor can declare an emergency for 90-days and is able to renew it indefinitely.

The vote passed the Senate with a 20-28 bi-partisan vote. The proposed amendment was sponsored by Senator Majority Leader Kim Ward (Republican).

“Governor Wolf issued his emergency declaration on March 6th. More than three months later, citizens and employers continue to live under his restrictions, even though Pennsylvania’s COVID-19 cases peaked seven weeks ago,” Ward said. “Any long-term state of emergency warrants the engagement of the General Assembly which is not presently required under our state Constitution.”

Ward’s proposed amendment would require the legislature to authorize an extension on an emergency declaration that surpasses 30-days. The ongoing emergency declaration issued by Governor Wolf on March 6th has now been ongoing for the majority of the last year.

“Under Governor Wolf’s current declaration of emergency for COVID-19, we are witnessing what consolidated power looks like,” Ward said.. “Inconsistent vaccine rollouts, businesses that have been shuttered, nursing home residents who have suffered under the Department of Health, and hundreds of thousands of unemployed workers who continue to struggle to obtain unemployment benefits.”

She continued to state, “Every step of the way, the Pennsylvania Legislature has attempted to pass bills to assist these affected groups, and the Governor has responded with a veto.”

The supporters of this bill use the current pandemic as a reference point for the Governors abuse of power, although it is currently permitted under PA law, and say that the proposed amendment would encourage greater cooperation between our branches of government during times of distress. The proposed amendment has the ability to act as another form of checks and balances within the government.

“This legislation will give the people the ability to exercise their right to alter how long-term emergency orders are imposed upon them,” Ward said. “This Constitutional amendment will ensure Pennsylvanians are governed – not ruled – even in times of emergencies.”

The bill passed the Senate with bipartisan support, but now it must pass the PA House of Representatives. Due to this bill requiring an amendment to the PA Constitution, it must pass both the House and Senate in consecutive sessions in order to be placed on the ballot for voters. Governor Wolf proposes this amendment, saying that it could have adverse effects on disaster response and federal funding.

On January 21st, Governor Wolf gave a lengthy address to notify the constituents of his opposition to the amendment. He views this amendment as “efforts…to undermine the current COVID-19 disaster declaration,” and views the amendment as an act of “hyper partisanship.”

Wolf does not believe it is to the benefit of the people to allow lawmakers to make decisions about states of emergency directly. Removing lawmakers from disaster based decisions helps to limit partisan politics.

Wolf has stated that this bill will, “force partisan politics into the commonwealth’s disaster response and could slow down or halt emergency response.”

However, Governor Wolf takes issue with more than just the specific amendment that is trying to be passed. He is also speaking out about who should have the power to amend the PA constitution itself.

“The Pennsylvania Constitution is the cornerstone of our democracy. Indeed, the Republicans’ effort demonstrates that we need to rethink the very way that our Constitution is amended.” Wolf stated, “No political party should control when and how our governing charter is changed. The citizens of the commonwealth should have that direct power. Make no mistake, these actions are thinly veiled power grabs and an attack on the other branches of government and on democracy itself, and I will oppose these efforts through every means possible.”

This bi-partisan issue regarding the amendment will now likely be decided by voters in the Pennsylvania spring primary election.

Photo Attribution: Courtesy of Tom Wolf’s Office