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CONSTITUTION

OF THE

COMMONWEALTH OF PENNSYLVANIA.

AS AMENDED IN 1838:

WITH THE SUBSEQUENT AMENDMENTS ADOPTED IN
1850, 1857, 1864 AND 1871.

WE, the people of the Commonwealth of Pennsylvania, ordain and establish this Constitution for its government.

ARTICLE I.

OF THE LEGISLATURE.

SECT. 1. The legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.

Of the Election of Representatives.

SECT. 2. The Representatives shall be chosen, annually by the citizens

Tuesday of October.

*

*

on the second

Of the Qualifications of Representatives.

SECT. 3. No person shall be a Representative, who shall have not attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a Representative, unless he shall have been abaent on the public business of the United States or of this State.

Third amendment of 1857.

Apportionment of Representatives.

SECT. 4. In the year one thousand eight hundred and sixty-four, and in every seventh year thereafter, Representatives to the number of one hundred, shall be apportioned and distributed equally, throughout the State, by districts, in proportion to the number of taxable inhabitants in the several parts thereof; except that any county containing at least three thousand five hundred taxables, may be allowed a separate representation; but no more than three counties shall be joined, and no county shall be divided in the formation of a district. Any city containing a sufficient number of taxables to entitle it to at least two Representatives, shall have a separate representation assigned it, and shall be divided into convenient districts of contiguous territory, of equal taxable population as near as may be, each of which districts shall elect one Representative.

Of the Election of Senators.

* *

SECT. 5. The Senators shall be chosen for three years, by the citizens at the same time, in the same manner, and at the same places where they shall vote for Representatives.

Of the Ratio of Representation in the Senate.

SECT. 6. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the districts, formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third of the number of Representatives.

†Third amendment of 1857.

Of Districts for Electing Senators-Senatorial Districts in

Philadelphia.

SECT. 7. The Senators shall be chosen in districts to be formed by the Legislature; but no district shall be so formed as to entitle it to elect more than two Senators, unless the number of taxable inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to elect more than four Senators; when a district shall be composed of two or more counties, they shall be adjoining * * and no *county shall be divided in forming a district. The city of Philadelphia shall be divided into single Senatorial districts of contiguous territory as nearly equal in taxable population as possible; but no ward shall be divided in the formation thereof.*

Of the Qualification of Senators.

SECT. 8. No person shall be a Senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State; and no person elected as aforesaid shall hold said office after he shall have removed from such district.

Of Classing the Senators.

SECT. 9. The Senators who may be elected at the first general election after the adoption of the amend

*From third amendment of 1857; which further provides with reference to sections 4 and 7 above, as follows:

"The Legislature, at its first session after the adoption of this amendment, shall divide the city of Philadelphia into Senatorial and Representative districts, in the manner above provided; such districts to remain unchanged until the apportionment in the year one thousand eight hundred and sixty-four.

ments to the Constitution, shall be divided by lot into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that hereafter, one-third of the whole number of Senators may be chosen every year. The Senators elected before the amendments to the Constitution shall be adopted, shall hold their offices during the terms for which they shall respectively have been elected.

Meeting of the General Assembly.

SECT. 10. The General Assembly shall meet on the first Tuesday of January, in every year, unless sooner convened by the Governor.

Of the Officers of each House.

SECT. 11. Each House shall choose its Speaker and other officers; and the Senate shall also choose a Speaker pro tempore, when the Speaker shall exercise the office of Governor.

Of the powers of each House.

SECT. 12. Each House shall judge of the qualifications of its members. Contested elections shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided.

Of Censure and Expulsion.

SECT. 13. Each House may determine the rules of its proceedings, punish its members for dis

behavior; and with the concurrence of two-thirds, expel a number, but not a second time for the same cause, and shall have all other powers necessary for a branch of the Legislature of a free State.

Divorces.

SECT. 14. The Legislature shall not have power to enact laws annulling the contract of marriage, in any case where, by law, the courts of this Commonwealth are or may hereafter be empowered to decree a divorce.

Of Journals-Yeas and Nays.

SECT. 15. Each House shall keep a Journal of its proceedings, and publish them weekly, except such parts as may require secrecy; and the yeas and nays of the members on any question, shall, at the desire of any two of them, be entered on the Journals.

The Doors to be Open.

SECT. 16. The doors of each House and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret.

Of Adjournment.

SECT. 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Of the Compensation and Privileges of Members.

SECT. 18. The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the Treasury of the Commonwealth. They shall in all cases, except treason, felony and breach or surety of the peace, be privileged from arrest during their attendance at

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