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Constitutional convention could prevent future budget debacles

The Second Ecumenical Council of the Vatican (Vatican II) opened under Pope John XXIII on Oct. 11, 1962, concluding three years later and bringing about many changes within the Catholic Church.

Just as the Catholic Church saw a need to take a thorough look at itself, the Commonwealth of Pennsylvania needs to do so, and a constitutional convention is the vehicle for doing that.

Now that the state's 101-day 2009-10 budget debacle is over, state lawmakers should begin work on preparing a referendum for consideration by state voters, by the primary or general election of 2010, or by the primary election of 2011 at the latest. The sooner the better.

Preferably, the question should be whether voters favor a convention that would examine the entire constitution. The last total revision of the constitution occurred in 1874; some of the provisions in the current document originated before that.

Unfortunately, the Legislature, which could be greatly impacted by convention deliberations and recommendations, controls whether the convention question ever reaches the voters. In this state, residents lack the power to initiate that question.

Thus, one important question every legislative incumbent should be required to answer when campaigning for re-election next year is whether he or she would vote "yes" to putting the convention question before the voters. The voters should give strong consideration to ousting any lawmaker unwilling to do so.

Likewise, every non-incumbent legislative candidate should be required by potential constituents to indicate how he or she would vote. In addition, gubernatorial candidates should be required to go on the record as to whether they would sign legislation putting the issue before the voters, after the legislation is passed by the House and Senate.

The practices of missing budget deadlines, passing pay raises in the middle of the night, failure to follow established rules for considering legislation, passing huge pension increases without adequate notice to the people of the state — they're just some of the reasons why constitutional provisions must be toughened and why a constitutional convention is needed.

And, of course, those issues focus just on the legislature and executive branches. A proper modernization of other parts of the constitution would, in the end, benefit not only the state, but the people who live here.

Although a full constitutional review is preferable, even a partial review focusing only on selected parts of the state's main document would be better than nothing — provided that the structure and rules of the General Assembly are not excluded from scrutiny.

The most recent convention, which convened on Dec. 1, 1967, and adjourned on Feb. 29, 1968, was limited in scope. State voters approved all five convention proposals by substantial margins during the primary election of April 23, 1968.

Among the issues on which the convention focused were legislative apportionment, local government, taxation and state finance, judicial administration and selection and tenure.

Even if a convention were authorized by the voters — and there is no guarantee that that would happen (state voters rejected calls for a convention on five different occasions between 1874 and 1967) — it would take some time for a convention to actually get under way, possibly as long as a year.

The first task after approval by the voters probably would be establishment of a preparatory committee, which would draft procedures for the convention and, presumably, identify specific issues upon which the convention would focus, if a comprehensive review of the entire constitution were not authorized.

For now, it isn't too early to begin educating state voters about the convention process and the potential benefits it could provide. For now, considering the hardship that the just-completed budget debacle imposed on many state entities and people otherwise dependent on state money, it isn't too early for the voters to begin pressuring their respective lawmakers on behalf of a convention.

Gov. Ed Rendell, after signing the key pieces of the 2009-10 spending plan Friday evening, told reporters, "I believe there is no reason to celebrate the signing of the budget."

He said later, "There's no excuse for us having put the people of Pennsylvania, many of whom depend desperately upon the services we provide, to put them through over three months of waiting."

A constitution providing tough penalties for failure of lawmakers and the governor to meet their constitutionally mandated responsibility — perhaps their most basic function — could have prevented what occurred between June 30 and Friday.

A constitution with tougher provisions also could have prevented the July 2005 middle-of-the-night pay-raise vote, and possibly the 2001 pension-grab vote, which has not yet hit taxpayers.

The Vatican engaged in four years of preparation for Vatican II after Pope John XXIII announced the upcoming council on Jan. 25, 1959. A review of the Pennnsylvania constitution should involve much less time, if lawmakers don't throw roadblocks in front of the idea for a convention.

It's time for the voters to begin calling for a convention as well as promising to oust lawmakers who fail to deliver.

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