Petition Closed

Restore Normal Clemency

This petition had 65 supporters

This amendment to the Pennsylvania constitution
is the only way to end highhanded obstruction of
pardons, reprieves and emergency compensation
measures, by the Governor of the State:
JUNE 30, 2017
Philadelphia, PA USA
BE IT RESOLVED that the constitution of the State of 
Pennsylvania shall be amended thus:
(Subsections "a" through "l", to wit: lower case L, PROPOSED:)
(a) Article IV, Section 9, Amendment of November 4, 1997,
subsections (a) and (b) inclusive, are hereby repealed; to be
effective as of the date of the adoption of this Amendment
in whole or partial form:
whenever so partial, then minimally in the form of this revised
Article, Section Nine, in subsections (a) and (b).
This Amendment shall thereby replace and form a
more perfect version of Article Four, Section Nine in the
Pennsylvania State constitution.
b) The Governor shall have power, in all Pennsylvania-related
matters including criminal and civil cases except for impeachment;
to grant reprieves and pardons, including the remission of
fines, forfeitures, and the voiding of excessive bail requirements;
and to grant release from prison or correctional facility, voiding of
probation and parole, reprieves in sentencing and expungements
of record, and Letters of Declaration of Actual Innocence;
without limitation and notwithstanding any condition imposed
legislatively or by any State agency, to take effect within ten days
of the Governor's order to grant clemency in any form. Only in
cases of proven recidivism subsequent to the granting of any such
act of clemency, shall any such act of clemency as described
in this Section, be rescindable and voidable or rendered in
temporary form. The main purposes for which the Governor shall
exercise such powers are to restore the Constitution of the
United States and the constitution of Pennsylvania whenever
the Governor or any agent or assign of the Governor in a position
of public trust shall have determined that a violation of the
Constitution of the United States, or the constitution of this State,
shall have taken place in a harmful manner; and to restore the
integrity of full Faith and Credit as exercised in particular cases,
and to restore the faithfulness of execution of the laws.
No agency or office shall pre-empt the powers of the Governor
to order or to cause to become, any act of clemency; nor shall
the Governor's powers to do so be subsequently questioned
in any instance. The Governor shall have power additionally
to order emergency compensation to be provided swiftly to
victims of Constitutional violations which have occurred
under color of Pennsylvania law and authority; such
compensation to be granted without prejudice.
Any attorney licensed to practice law in Pennsylvania
or in any Federal jurisdiction which includes this State,
shall have exactly the same powers as the former
State Board of Pardons formerly exercised, to recommend
certain cases to the Governor for actions of clemency;
the only exception being that the communication between
any such attorney and the Governor may be kept
confidential, even in the processes of sunshine law requests.
(c) Notwithstanding any Thing in this State constitution,
or in this Article, or in former Section 9 thereof, and in
the subsequently adopted revised forms of subsections
"(a)" and "(b)" as above; and pursuant to Article Six and other
imperatives of the Constitution of the United States:
the Governor of Pennsylvania, as well as the Lieutenant
Governor of Pennsylvania whenever sworn in as Acting
Governor and for the duration of said term, shall
have unimpeded and unquestioned power to grant
Reprieves, Pardons, and Executive disbursements
from emergency funds to assist victims of injustice
upon recognizance as such, in all Cases in which
the Constitution of the United States, or the
constitution of Pennsylvania, or the laws of
the Federal Government or of this State,
shall have been Violated: during the course of :
any formulation of a Statement of Probable Cause,
any wholesale misrepresentation of the meaning of any
statutory law or the intent and purpose of the law;
any use of law to impair the Obligation of Contracts
whether contractual law is at issue in the case or not;
during any arrest, any setting of bail, any fact-finding
or pre-trial hearing or any motion to trial, any timely
judicial assessment of reasonable doubt (or in any substantial
lapse in considering the prospects of reasonable doubt);
any trial or conviction, any forensic testimony or
pretense at such; any sentencing hearing,
any State or other prosecutorial handling of evidence;
any legal malpractice or collusion involving defense;
any misrepresentation of evidence or the merits thereof;
any handling of appeal rights on the part of
any State agency or official (including any contact
with any court clerk involving alterations of records
or other forms of misrepresentation), any arrangement
to provide State or County funded Assistance
of Counsel for the defense, any impropriety in the
assignment and naming of probation officers and any
other maladministration of probation and parole which
raises serious questions of Constitutionality, any scheduling
of imprisonment, any process of release from County prison
or State penetentiary or undue delay thereof,
any undue delay of hearing to determine the
lawful status of any prisoner prior to trial or
any discussion of probation and parole issues;
any wrongful taking or unexplained mishandling
of personal effects of prisoners, any undue judicial denial as a
response to any relevant invoking
of the Constitution of the United States;
any contesting of forfeiture, any imposition
of any fine, any judicial Order that a prisoner,
parolee, or individual on probation undergo any
type of therapy or treatment, any forensic
examination or pretense thereof ordered for
any individual under any type of Court custody,
and the handling of any request to grant clemency.
The listing in this subsection of specified Government
actions contrary to the Constitution does not preclude
the possibility that other such Government abuses
under color of authority which are not mentioned in this
Amendment, are equally contrary to the Constitution of
the United States, or the constitution of this State, and
equally subject to the pardoning power of the Governor.
The Governor of this State shall not have power to
subsequently rescind any clemency-related action
taken by the Acting Governor during the absence of the
Governor; nor shall the Acting Governor have the power
to subsequently rescind any clemency-related action
which shall have been taken by the Governor of this
State, during the Governor's temporary absence
from office. No clemency-related action of any former
Governor, except for a rejection in full or part of any
request for clemency, may be entertained by any
successive Governor or Acting Governor. Offenses
alleged and committed subsequent to the granting of
any Gubernatorial pardon shall not be included in
any ex post facto or prior granting of clemency to
the same person alleged to have committed any
de novo offense subsequent to the granting of
the pardon in question; and although acts of clemency
by any Governor are not rescindable in this State
unless provided for as a mechanism inherent in the
way clemency is conditionally granted in certain cases,
such acts of clemency may be admissible in court even
if an expungement shall have been granted or issued.
(d) Neither the Board of Pardons nor the Office of the Governor
shall authorize, distribute, sell, manufacture or require any type
of official form, or require that any such form be filled out in any
way, as a prerequisite to begin the pardoning process.
Petitions to grant pardons, reprieves and emergency assistance
without prejudice on behalf of victims of injustice shall not be
obstructed or handled dismissively in a peremptory manner
nor made contingent upon any type of self-incrimination ruse
nor any precondition of official authorization or waiting period;
neither shall the State abridge the right to petition Government
for any redress of any clemency-related grievance.
Every person employed in a position of trust or in any capacity
as a volunteer on the staff of the Governor or the staff of the  
Lieutenant Governor of this State, shall be held accountable
to the Oath of Office of the Governor, as though these staff
employees or volunteers had taken the oath themselves;
in all matters germane to requests for clemency, whenever
the Constitution of the United States or of this State is
invoked by the petitioner for redress of grievances.
Accordingly, all such employees and volunteers shall
be so duly sworn as a condition of employment henceforth.
e) The role of the State Board of Pardons, in recommending
pardons to the Governor, shall be advisory and in no way an
imperative prerequisite to the granting of any pardon, reprieve
or emergency compensation; from the time of the ratification
and adoption of this Amendment to Article IV, Section 9 of the
Pennsylvania constitution. The State Board of Pardons shall
henceforth be constituted only by special order of the
Governor, and shall act only in such a way as the Governor
of this State shall direct and request; and shall exercise no
legislatively derived or State constitutionally derived
check upon the power of the Executive. The Governor
shall accept a majority recommendation from the Board of
Pardons as the basis for granting pardons in all torts, in all
misdemeanor cases, and in all non-violent felony cases.
Notwithstanding any condition mandated in this Section,
the Governor shall have unchecked power to commute
any capital sentence to life in prison irreversibly, and to
order that such commutation take effect immediately.
f) Executive Reprieves which may be granted by the
Governor of this State include petitioning for Federal
emergency injunctive relief to stop eviction and foreclosure
procedures of both a de facto and de jure type and
pending such relief, Executive order to stop all such
dispossessive actions as possible Fourth Amendment
violations of the Constitution of the United States; and
emergency compensative relief to return home ownership
and/or residency status to former occupants in situations of
disupte, whenever eviction can be shown to have legal
weaknesses or to be of questionable social benefit; or
where injunctive relief is reasonably necessary to prevent
an increase in homelessness. All such reprieve processes
may include immediate Executive or proposed Legislative
granting of just compensation to both non-resident and
resident property owners for any expense caused to owners
for reprieves on behalf of tenants of any type, or as a result
of any action by Government to restore the ownership
rights of a prior Owner from whom the property shall have
been determined by the Governor, the Legislature or the
courts, to have been wrongfully taken in any manner.
(g) Pursuant to the integrity of full Faith and Credit, the
Governor of this State may declare sanctuary for any
person found in Pennsylvania who has been maligned in
an unconstitutional manner by any other State or Territory.
The governor of any other State or Territory shall likewise,
upon declaring like sancturary for any person found within
the jurisdiction of that State or Territory who has been
unconstitutionally maligned by Pennsylvania government,
not be challenged by the governor of this State thereafter.
The only recourse this State may exercise on behalf of
subjects of Federal warrants is to obtain action in the
Federal court of jurisdiction, on Constiutional grounds.
Any State or municipal warrants procured and ordered
in violation of the Constitution of the United States,
in violation of the State constitution, or in violation of
the integrity of full Faith and Credit or faithful execution
of the laws, shall be considered by the Governor of this
State as being null and void; and the Governor shall have
power to immediately place into effect any and all acts
of clemency so as to guarantee that no unconstitutional
warrant shall prevail over Constitutional law in this State.
(h) All employees of the Executive Branch of the State of
Pennsylvania, including volunteers, are as a condition of
employment automatically sworn to the same oath taken
by the Governor as a condition of his taking office. Any
lapse in adherence to the Oath shall be considered an
impairment of the obligation of any and all contracts
upon which conditions any such employee was hired.
(i) Pursuant to Article Six of the Constitution of the United
States: No Rule of Procedure, no filing deadline, no Statute
of Limitations, no active Warrant, no incarcerative status,
nor any other Thing in the constitution of this State,
or the laws thereof, nor any lesser ordinances, nor any
judicially prevailing or other procedural rules thereof,
nor any alleged or reasonably cited conflict of interest,
nor the indigent status of any person whose Constitutional
rights shall have been violated: shall lawfully be employed
by Government, by Counsel, or by any honorable Court;
to deny or delay unduly, any Constitutionally imperative
motion for relief, or to deny or delay unduly any
type of reasonable redress of grievance. Nor shall any
attorney licensed to practice law in this State refuse to
assist any past client, or any active or potential client
on the basis of any issue related to conflict of interest
or payments; in the recovery of the civil rights of any client
so described, or in motioning any such case to Federal
authorities in any way. Any attorney representing a client
who has been unduly and harmfully deprived of any
Constitutional right by any Government agency or assign
in this State, shall not suffer any penalty for providing
sanctuary, pro bono assistance of counsel, and sustenance
to any such client, as long as final judgment in all motions
filed by the attorney in such cases is still pending and for
ten business days thereafter.
(j) The Governor of this State and Commonwealth shall,
upon learning of any Constitutionally violative treatment of
any US Citizen(s) in any other State or in any US Territory
may, congruent with principles of statesmanship, full
Faith and Credit, and all other aspects of Constitutional law:
negotiate with the Governor of the US State or Territory
under whose authority the alleged Constitutional violations
shall have harmfully taken place, in order to secure the
transfer of incarcerated victim(s) of injustice to the physical
custody of this State, whereupon the Governor shall have
power to order commutation of certain conditions of sentencing.
(k) The Governor of this State shall have power to effectively
overturn unconstitutional statutes by granting pardons to
every first-time offender who has been convicted under any
such statute, and with no further violations on the record of
the individual unconstitutionally convicted except for violations
of parole, probation and prison requirements. Any statute
which has been aimed maliciously at one particular class of
people with the intent of unduly criminalizing behavior which is
typical of this group yet within the law, or undermining the
civil rights of individuals in any such group, is subject to review
by the Governor, of his own volition.
The Governor of this State may extend the power to grant
reprieves and pardons reasonably beyond the definitions of
this Article. The Governor, by virtue of his Oath of
Office, has power to determine the constitutionality of any act
of Government within the domain of State government or any
county, municipal or other division thereof, and may act
accordingly in judicious use of the conscientious exercise
of the power to grant reprieves and pardons of every type.

(l) The Original Intent of this proposed Amendment to the
constitution of Pennsylvania shall be found in the records of the
Author of this Amendmdent; within the facebook group
Reform & Amend Article 4 Section 9 PA Constitution;
which was founded on June 30, 2017.
This group shall include participation by other good and true
citizens of the United States and friends thereof, from time to time.
Opponents of this reform process are also welcome to have
participated in the peaceful recorded discussions in this venue.
Some or all of the writings to be found in this electronic repository
shall be useful to the Legislature and to the Governor of the State
in terms of edification and providing more efficient processes in
the granting of clemency-related requests.
The purpose of the activity described under this subsection
is to provide for possible abridgments of this Amendment
prior to its having been introduced, yet in a way which will
not alter nor degrade the meaning and effectiveness thereof
nor impair the integrity of any signature on this document.
Scott Davis, Author
Chairman, Committee of 37 Peace Initiative
PO Box 877
Edgmont, PA 19028-0877

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