PA Constitutional Issues With How Marsy’s Law Was Proposed. Wolf’s executive order that granted direct care workers limited collective bargaining rights violated the confines of a governor’s authority to issue executive order under Shapp v. Butera, 348 A.2d 910, 914 (Pa. Commw. I will attempt to make some sense of the recommendations. [It should be mentioned that in footnote 9 of the opinion, Judge Pellegrini cites this website for the content of the Debates of the 1968 Constitutional Convention and notes that other constitutional source material can be found on this website as well.]. Nextel Communications v. Dept. Williams v. Corbett, 916 F. Supp. Section 11 and several other provisions limit the power of the General Assembly to restrict recovery for injuries. The Commission on Presidential Debates officially scrapped the planned Thursday debate between President Trump and Joe Biden. Commonwealth v. Au, 42 A.3d 1002 (Pa. 2012): per Saylor, J., held that, under the Fourth Amendment, a request by a police officer for identification does not make the encounter an unconstitutional investigatory detention. There are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368.. 2014): per Musmanno, J., the court held that a retrial on a charge that was dropped against the defendant by a Magisterial District Court judge after hearing evidence at a hearing and dismissing the charges was barred by the prohibition against Double Jeopardy under Art. The Court declined to treat the Pennsylvania Constitution as more restrictive since counsel did not argue text, history or policy to apply a more restrictive standard under the Pennsylvania Constitution. Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), per Dougherty, J., The Court held that retroactive application of the Pennsylvania Sex Offender and Notification Act violates the ex post facto clauses of both the U.S. and Pennsylvania Constitutions. Words that appear in bold print are the changes to the words of, the Constitution that are proposed by the General Assembly. Robinson Twp., Washington Co. v. Commonwealth, 2012 WL 1429454 (Not selected for publication in the Atlantic Reporter) (Pa. Cmwlth. I, §10 of the Pennsylvania Constitution. advertising requirements of section 1 of Article XI of the Constitution. Commonwealth v. Zettlemoyer, 454 A.2d 937 (Pa. 1982): the Court held that Article I, Section 13 is “coextensive” with the “cruel and unusual punishments” provision of the federal Eighth Amendment. 2001): relying upon Commonwealth ex rel. of Probation and Parole, 838 A.2d 684 (Pa. 2003) and held that that the 1996 amendment to the Parole Act may be shown to violate the ex post facto clause, if retroactive application of change created a significant risk of prolonging the prisoner’s incarceration. Against the backdrop of a clash between Gov. Hanley Hall (Saylor, J. dissented). . Recently, the Pennsylvania Supreme Court adopted a two-prong test for determining whether legislation violated Article III, Section 1: first, the Court must consider the legislation’s original purpose and compare it to the final purpose to determine whether there has been a change in the original purpose; second, the Court must consider whether the title and contents of the legislation are deceptive in their final form. Thank you for signing in! 2012): per Pellegrini, J., in a challenge to the constitutionality of Act 13, which repealed the Oil and Gas Act and replaced it with a codified statutory framework for regulating oil and gas operations, the Court held that 58 Pa.C.S. approve any of the proposed amendments for a second time during the 2021-. Hoffman v. Township of Whitehall, 677 A.2d 1200 (Pa. 1996): the Pennsylvania Supreme Court held that adding a ten point credit to veterans’ scores in seeking promotions in public employment violates Article I, Section 17 of the Pennsylvania Constitution. 720 CAP, 2018 WL 6601189 (Pa. Dec. 14, 2018), per Donohue, J., the Court reviewed Robinson’s petition for relief, raising a due process violation, premised upon the receipt and delivery of offensive emails by former Pennsylvania Supreme Court Justice Michael Eakin and possible ex parte communication between Eakin and members of the Office of the Cumberland County District Attorney. © 2001 - 2020 National Federation of Independent Business. As Pennsylvania voters occasionally amend the State constitution, and as court decisions clarify, modify, or even strike down provisions and amendments of that constitution, we will try our best to keep current with those changes and post them here. The Court acknowledged Pennsylvania precedent applying a test for such inferences as more restrictive than the current federal standard, but held that this caselaw applied federal analysis. The four proposed resolutions are the brainchild of the Republican-led Legislature and may be summarized as follows: The racial equality amendment was only passed by Republicans after it became part of a “two for one” resolution that also contained the disaster relief provisions. (Simpson, J., & Leadbetter, J., dissented.). Norton v. Glenn, 860 A.2d 48 (Pa. 2004): after balancing the free expression guaranteed by Article I, Section 7 against the right to reputation protected by Article I, Section 1, the Court, per Chief Justice Cappy, held that there is no “neutral reportage” privilege under the Pennsylvania Constitution, nor is such privilege recognized under federal First Amendment law. DePaul v. Commonwealth et al., 969 A.2d 536 (Pa. 2009): per Castille, J., the Court held Section 1513 of the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. Commonwealth v. Ball, 2014 WL 3670023 (Pa. Super. On October 30, 2019, the Pennsylvania Commonwealth Court enjoined Acting Secretary of State Kathy Boockvarfrom counting or certifying election results. Wilson v. Commonwealth, 110 A.3d 1076 (Pa. Cmwlth. The vote comes one day after House lawmakers amended the bill to include language that requires the governor seek legislative approval for any extension of a disaster declaration beyond 21 days. 2119(a). The Georgia Association of Educators (GAE) is suing Gov. In re Hickson, 821 A.2d 1238 (Pa. 2003): per Cappy, J., the Court held that the standing doctrine in Pennsylvania has no constitutional counterpart to the “case or controversy” requirement under Article III of the U.S. Constitution; standing is merely a “useful tool” in regulating litigation in Pennsylvania (Fn. II, Section 17(e) below), the Court, per Castille, C.J., held that the 2011 Final Reapportionment is contrary to law because it contains “numerous political subdivision splits that are not absolutely necessary” and that the Commission could have achieved greater fidelity to the Art.

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