Duquesne University Law School Pennsylvania Constitution Web Page

Article I, section 9 was amended on November 4, 2003, replacing the language "meet the witnesses face-to-face" with "be confronted with the witnesses against him". [Bergdoll v. Commonwealth, 2004 WL 2059438 (Pa. Cmwlth., 2004): upheld this amendment, ruling, inter alia, that the removal of "face to face" language from the Pennsylvania Constitution to facilitate testimony by child witnesses per se did not result in an infringement of the Sixth Amendment of the United States Constitution.] [The Commonwealth Court decision was affirmed on May 16, 2005 in a one page order by the Pennsylvania Supreme Court, 874 A.2d 1148.]

Article V, section 10(c) was amended November 4, 2003, to add language empowering the General Assembly to provide for closed-circuit television in criminal trials involving child victims or witnesses. See Bergdoll v. Commonwealth, supra, 2004 WL 2059438. [The Commonwealth Court decision was affirmed on May 16, 2005 in a one page order by the Pennsylvania Supreme Court, 874 A.2d 1148.]

Article V, section 16(b) was amended May 15, 2001, to provide that "Justices, judges and justices of the peace shall be retired on the last day of the calendar year in which they attain the age of 70 years" instead of the previous language that provided for retirement upon attaining the age of 70.

Article II, section 17 was amended on May 15, 2001, to add a new subsection (f) as follows: Any district which does not include the residence from which a member of the Senate was elected whether or not scheduled for election at the next general election shall elect a Senator at such election.

Article I, section 6, was amended November 3, 1998, to give to the Commonwealth the same right to trial by jury in a criminal case as that enjoyed by the accused.

Article I, section 14 was amended on November 3, 1998, to add to the category of prisoners who are not eligible for bail, in addition to defendants in capital cases, defendants facing a maximum potential penalty of life imprisonment and any defendant for whom only imprisonment will reasonably ensure the safety of any person and of the community. [See Grimaud v. Commonwealth, ___ A.2d ___, 2005 WL 94785, Pennsylvania Constitution: Recent Caselaw 2004-2005, Article I, section 6 and Article I, section 14.]

Currently Pending Amendments:

HOUSE BILL

No. 2381 Session of 2006

Section 1. The following amendment to the Constitution of Pennsylvania is proposed in accordance with Article XI:
That Article I be amended by adding a section to read:

29. Marriage. Only a marriage between one man and one woman shall be valid or recognized as a marriage in this Commonwealth, and neither the Commonwealth nor any of its political subdivisions shall create or recognize a legal status identical or substantially equivalent to that of marriage for unmarried individuals.