We The People of Cheltenham

Amendment

BALLOT QUESTION

"Should the Cheltenham Township Charter be amended to add a Bill of Rights which recognizes the right to local self-government, asserts that corporations do not have the same rights as people or other constitutional rights nor a right to unearned profits, and that recognizes the right of residents to approve or reject land development proposed by certain corporations known as public benefit corporations?"

 

Effect of the Vote

A “YES” vote indicates approval by the voter and a majority of “YES” votes will cause the proposed amendment to be included as part of the Cheltenham Home Rule Charter.

 

A “NO” vote indicates disapproval by the voter and a majority of “NO” votes will cause the proposed amendment to be rejected and the Cheltenham Home Rule Charter would remain unchanged.

 

Plain English Statement:

 

Cheltenham is a “home rule” township.  This means it creates its own laws on any topic not exclusively regulated by the state or federal government.  The set of local laws that govern the township are collectively referred to as the Township’s charter.  The charter may be amended either by action of the elected government officials or through a citizen petition.  This ballot question is presented as the result of a citizen petition.  The amendment proposes a “Bill of Rights” which asserts the right to local self-government, restricts the rights of corporations and defines them as subordinate to local law and the rights of individuals.

 

Specifically, corporations in the township would no longer be legally viewed as “persons.” Corporations could not avail themselves of the state or federal constitutions, and in particular, could not seek relief under the Commerce Clause and the Contracts Clause of the U.S. Constitution.  The Commerce Clause permits the federal government to control trade and commerce by and among people in different states.  The Contracts Clause prohibits governments from creating laws that limit or affect private contractual obligations.  Corporations would not be permitted to violate the rights of township residents or to challenge the proposed Bill of Rights by claiming that it impairs their right to do business or enter into contracts.

 

If a corporation is involved in any litigation related to the charter, it shall not be entitled to recover future lost profits as a type of damages. Currently, future lost profits are a type of damage recoverable by a corporation.

 

Some corporations are called state-chartered public benefit corporations.  These are a type of corporation that are sometimes called “quasi-public” because they carry out a function or task often seen as a governmental responsibility.  An example of such a corporation is the Southeastern Pennsylvania Transportation Authority, or SEPTA.  Pursuant to the proposed amendment, state-chartered public benefit corporations seeking to develop land or construct buildings must have development plans approved by a public referendum (ballot question).  If approval is granted by the voters, the public benefit corporation would still have to adhere to regulations and permitting laws. Under current state law, such approval is granted by elected township officials. 

  • AMENDMENT

    As Taken from the Petition:

    The undersigned electors of Cheltenham Township in Montgomery County, Pennsylvania, acting under the authority of Article IX, §2 of the Pennsylvania Constitution and 53 Pa. C.S. 2942 to 2943, hereby petition the Montgomery County Board of Elections to place a question on the 2009 General Election Ballot asking the electors of Cheltenham Township to approve or decline to approve adoption of an amendment to the Cheltenham Township Charter adding to Article I this new section:
    Article I, § C105. Bill of Rights

    A. All Rights enumerated in this Charter, without exception, are self-executing and legally enforceable.

    B. Right to Local Self-Government
    All residents of Cheltenham Township possess the fundamental and inalienable right to exercise final legislative authority on all issues affecting them, and the right to exercise that authority through their municipal government or as a community.

    C. Corporations Subordinate to Township Residents
    Rights of Cheltenham Township residents secured by this Charter and by other local, state, or federal law, cannot be subordinated by the rights of corporations. Accordingly, public and private corporations shall not enjoy privileges or powers under the law that make community majorities subordinate to them or have the effect of nullifying local law. Nor shall corporations possess the authority to enforce State or federal preemptive law against the people of Cheltenham Township. Within Cheltenham Township, corporations shall not be “persons” under the United States or Pennsylvania Constitutions, or under the laws of the United States, Pennsylvania, Cheltenham Township, or any other law, and so shall not have the rights of persons under those constitutions and laws.

    D. Corporations Not Afforded Same Rights As Township Residents
    Corporations chartered by government acquire their being, their authority, and their ability to act from the State. Within Cheltenham Township, corporations shall be prohibited from denying the rights of residents and shall be liable for any such deprivation or denial of rights. To ensure that the rights of the people to make self-governing decisions are never subordinated to the privileges of a few, corporations shall not be afforded the protections of the Contracts Clause or Commerce Clause of the United States Constitution, or similar provisions from the Pennsylvania Constitution, within Cheltenham Township. Claims to “future lost profits” by corporations shall not be considered property interests under the law and thus shall not be recoverable by corporations seeking damages as a result of the enforcement of the Cheltenham Township Charter or laws of Cheltenham Township.

    E. Right to Decide Quality of Life Issues
    The people of Cheltenham Township shall have the right to reject the ability of any State-chartered public benefit corporation to engage in land development. The public benefit corporation seeking to engage in land development shall be required to qualify a referendum in accordance with the provisions of this Charter. No State-chartered public benefit corporation shall engage in construction within Cheltenham Township prior to a majority vote approving such construction. Approval of the electorate shall not be construed as waiving any other requirements, regulations, permits or approvals.

    F. Existing Rights
    The enumeration of rights in the Bill of Rights shall not be construed to limit or abolish unenumerated rights or rights enumerated in the Constitution of the United States, the Constitution of the Commonwealth of Pennsylvania, the Cheltenham Township Charter, or in other laws.

 

Copyright 2009 We the People of Cheltenham.

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