Senator Folmer's August Address
Thank you very much for that warm introduction.
I want to begin by commending everyone here this morning for joining the Citizens Caucus, and for taking an avid interest in our government.
At the birth of our nation, a citizen asked Ben Franklin as he left the convention hall in Philadelphia, “What type of government do we have?”
He responded, “A Republic, if you can keep it.”
Franklin and the rest of our founding fathers knew that our Republic as they established it would only last as long as our citizenry remained vigilant throughout the generations.
That’s why the formation of groups like the Citizens Caucus is so important, and why I applaud you for being a part of it.
As you know, I was swept into the General Assembly in the anti-pay raise tidal wave.
When I came to Harrisburg to serve I said that:
“Real reform only springs up from the people, not from politicians attempting to police themselves.”
In 2006, the people replaced several entrenched incumbents, not just my predecessor.
But they were mistaken if they thought their duty was done simply by changing a small fraction of the personnel in Harrisburg.
Now we’re weathering the “bonus-gate” scandal, which some believe surpasses the pay raise in the level of corruption involved.
Essentially, millions of dollars in bonuses were paid out by each of the four legislative caucuses to their public employees.
Attorney General Tom Corbett’s grand jury has alleged that the legislators awarded bonuses to state workers for campaign-related work.
Twelve people were indicted, including a state representative and the former House Minority Whip and 10 staff members.
One staff member was also alleged to have created a no-work, taxpayer-funded job for a much younger woman in return for her having sex with him.
Some of those indicted by the Attorney General are facing over 100 years in jail if they get convicted and sentenced to the maximum penalty.
And Corbett says he’s just getting warmed up with indictments.
And, at the same time, the League of Women Voters has a lawsuit pending in federal court, alleging that:
Former State Supreme Court Justice Ralph Cappy leaned on the Legislature to pass the pay raise while implying that if a pay raise was not passed for him and his colleagues on the bench, the court would not rule the legislature’s way on a separate lawsuit challenging the constitutionality of the manner in which the now infamous slot machine legislation was passed.
So the people have renewed anger and frustration, and a renewed sense of the need for reform. And who can blame them!
As a wise man once said, these are times that try our souls.
Sen. Jeff Piccola, to his credit, is circulating a petition among legislators in the House and Senate which would force the Governor to convene a Special Session on Reform.
We would need a simple majority of legislators in both chambers – 102 in the House and 26 in the Senate – to convene the Special Session.
It’s very telling that so far only a handful of legislators have signed onto the petition, which I believe underscores my assertion that Pennsylvanians simply will not get their government back without a Citizens Constitutional Convention.
Without a Citizens Constitutional Convention, we will not get things like:
Term limits
Property tax elimination
Tort reform
Redistricting reform
And end to lame duck sessions
And so many other common sense, good government provisions that so many other states have.
As I mentioned earlier, true, lasting reform springs up from the people, not from a reliance on politicians policing themselves.
Article I, Section II of our State Constitution says:
“All Power is inherent in the people, and all free governments are founded on their authority…For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform, or abolish their government in such manner as they may think proper.”
Believe it or not, there is no mechanism in our constitution for the people to exercise this inalienable and indefeasible right mentioned in Article I!
The Citizens Constitutional Convention rectifies this deficiency during a time when:
Reform is most necessary, when the people’s faith in their elected officials is at its lowest point, when ethics is the least valued commodity in our government.
To this end, I have introduced legislation calling for the Citizens’ Constitutional Convention, which would allow the people of Pennsylvania to make a thorough review of our State Constitution, with the exception of Article 1, the Declaration of Rights, which is unalienable.
First, the question would be put to the voters in a referendum, as to whether or not they desire a Constitutional Convention.
In the very next election, assuming the people answered in the affirmative on having a constitutional convention, we would elect delegates.
Neither elected officials nor lobbyists could serve as delegates.
This is a very important point. It isn’t enough to have a Constitutional Convention. It must be a CITIZENS’ Convention, where legislators and registered lobbyists need not apply.
Otherwise, we’ll have nothing more than a shadow legislature with the same people who refused to enact reform in the first place!
Delegates would have to be at 21 years of age and would have to gather the signatures of 100
registered voters within their district.
Elections for delegate would be nonpartisan – a delegate candidate’s party affiliation would not
appear next to his name on the ballot.
Revisions to our State Constitution would first need approval from 2/3 of the Convention delegates, after which proposed revisions would need approval from a majority of the voters in the following primary election.
Delegates would earn a salary equal to that of legislators, and reimbursement for mileage and overnight lodging.
Some have said why are we paying them, isn’t this a form of public service? It is crucial that we pay them, otherwise, only the wealthy and the retired could afford to be a delegate, and then it is no longer a Citizens’ Convention.
Funding for the convention would come from a transfer of $20 million from the non-lapsing leadership accounts – an equal installment of $5 million from each caucus.
My Citizens Constitutional Convention bill, Senate Bill 1290, is before the Senate State Government Committee, with two cosponsors.
The good news is that on September 17th, the Senate State Government Committee will be voting on my bill, as well as two other versions introduced by other Senators.
I must stress that mine is the only one however that disallows public officials and lobbyists from
serving as delegates.
In other words, mine is the only bill which establishes a CITIZEN’S Constitutional Convention.
Now, I know there are a lot of skeptics. Quite often I hear the following: “We don’t need a convention to change our constitution, we just need our lawmakers to follow our existing constitution.”
Another concern I often hear is this: “If we have a convention, we could get gun control, or same-sex marriage or a progressive income tax!”
Let me address these valid concerns in turn:
First, a brief history lesson is in order.
Our State Constitution, like our federal Constitution, began as a good document. Not perfect, but very strong.
But while we’ve never had a subsequent convention at the federal level, we’ve had five, count ‘em FIVE conventions in Pennsylvania to alter our State Constitution.
Subsequently, over time, our State Constitution has changed for the worse. Much worse.
It has been stripped of term limits.
It has been stripped of the Council of Censors.
Way too much power has been given to the Judicial Branch of Government.
And I could go on.
Our last convention in 1968, which produced our current Constitution, was an openly partisan event with partisan elections choosing virtually all delegates.
A few professions dominated the convention in 1968, especially the 71 delegates – or 44% -- who were lawyers.
Now we know why our judiciary in PA has so much power.
Had our 1776 Constitution been left in tact, I would be the last one to call for a convention.
But it has been perverted at several conventions run by special interests. So it isn’t enough for existing politicians to follow the constitution we have. WE NEED A NEW CONSTITUTION.
Now, as to the fear that we could get gun control or gay marriage or a progressive income tax, etc.
I concede that these are legitimate concerns.
However, we cannot allow ourselves to be governed by our fear.
Will a convention produce all that we want, and nothing we don’t want?
Not likely.
But remember, neither was the Constitution produced by Madison and company a perfect document.
America’s founding fathers knew it wouldn’t be perfect.
They knew they were taking a chance.
But they also knew that if they acted according to fear, rather than hope and aspiration for a better life, independence, and a representative Republic, we would still be living under the Crown of England!
After all, the American Revolution was not in our odds to win – in fact if not for the intervention of France, we wouldn’t have won.
And there were certainly a large percentage of colonists who foresaw defeat and said that it was foolhardy to go to war with the King.
But thankfully our Founding Fathers were not governed by their own fear; they knew they had to take their destiny in their own hands.
Presently, in PA today, we are leaving our destiny in the hands of a body politic that is corrupt and unethical. Where is the wisdom in that?
Elect new leaders, you respond?
Did we not try that in 2006?
The elected elite have invented ways to inoculate their incumbency to a sufficient degree.
That is why only 26 incumbents were defeated two years ago instead of 126.
And please remember a couple of things:
1. That it takes a strong supermajority – 2/3 – of the convention delegates to send a proposed constitutional revision to people for their ratification.
2. Pennsylvania outside of Philadelphia and Pittsburgh is still a conservative place. I don’t think it is plausible to worry that 2/3 of the delegation would support gun control or gay marriage, when a majority of the legislature cannot even produce the same.
3. Two-thirds of Pennsylvanians support much of what we want but don’t have, including term limits, tort reform, and the elimination of property taxation.
4. You cannot, however, find a two-thirds majority of Pennsylvanians who support what we do not want, such as gun control.
The only exception of which I am aware is campaign finance reform.
So,, I urge you to support the Citizens Constitutional Convention, and I thank you again for your involvement with the Citizens Caucus.
With that I will take some questions.