Pennsylvania’s 1837-38 Constitutional Convention left lasting mark on Butler County
When delegates convened in Harrisburg on May 2, 1837, to revise Pennsylvania’ s constitution, the debates that followed would reshape voting rights, government structure and judicial administration across the commonwealth for generations. The effects of Pennsylvania’s constitutional conventions — particularly those of 1837-38 and 1967-68 — reverberated through western counties like Butler, influencing local governance, political culture and legal practice in ways that persist today.
The 1837 convention emerged out of mounting pressure for constitutional reform after nearly 50 years under the state's 1790 constitution. Political tensions had intensified as Pennsylvania grappled with evolving democratic norms, economic development and shifting population centers.
“It’s interesting that the mood in the country was that Andrew Jackson was a strong president, somewhat like the way our current president operates,” said former Judge Tom Doerr, now an attorney with The Lynch Law Group. “Locally, in PA, there was a lot of resentment to the executive overreach. While not the sole reason, it was a contributing factor to the conference.”
Among the most contentious issues was voting rights. The convention ultimately approved a proposal to explicitly deny suffrage to Black men, a measure that Pennsylvania voters ratified in 1838. This amendment codified white male suffrage as the law of the land, excluding free Black men from participating in state elections. The decision reflected the era’ s racial and political dynamics, with support and opposition breaking along geographic and ideological lines.
The outcome had immediate practical consequences for counties throughout Pennsylvania, including Butler County, where local political organizing aligned with the broader regional sentiment that voting eligibility should remain limited to white male taxpayers. This emphasis on white suffrage shaped subsequent political culture in Western Pennsylvania, reinforcing practices that would influence how voters, candidates and local officials approached elections and representation for decades to come.
But the convention also fundamentally transformed Pennsylvania’ s judiciary in ways that still resonate in courtrooms today. “Prior to that, judges in Pennsylvania were appointed to life terms by the governor. That gave the governor of Pennsylvania substantial authority,” Doerr explained. “Currently, the debate is whether judges should be elected or through merit selection. The argument is that voters don’t understand the issues enough to elect judges, which can also be tainted by political litmus tests. If we go back to 1837, those same issues were brewing as they are today.”
As a result, the convention eliminated life terms for judges, limiting them to 15 years, and made all local officials elected. “It affected the day-to-day operations because judges had to appeal to the voters in their districts to get elected and re-elected,” Doerr said. “Every county was different to practice in because the procedures within individual counties evolved.”
The major difference was that administration became more locally controlled, with the establishment of local procedural rules. “Rules were not necessarily written down, which went along with how things were done at the time,” Doerr noted.
The convention also highlighted sharp divisions between rural Western Pennsylvania and urban centers such as Philadelphia and Pittsburgh. Disputes arose over representation, taxation, internal improvements and the appropriate scope of state authority. Butler County participated in these debates as part of the western rural bloc, seeking to protect agricultural interests, maintain county autonomy and resist fiscal and regulatory priorities viewed as favoring urban areas.
Nearly 130 years later, Pennsylvania convened another constitutional convention that would profoundly reshape the state’ s governance. The 1967-68 convention created a unified judiciary, established the Commonwealth Court, allowed the governor a second term and introduced local home rule, leading to the 1968 Constitution.
Retired Judge Martin O'Brien worked on the Constitutional Committee staff from 1967-68 and was assigned to the Judiciary Committee exploring Article 5 of the Constitution. “It was an interesting experience,” O'Brien recalled of his work from November through February, when the final proposed constitution was submitted to the legislature.
“The practice of law in Pennsylvania had become fragmented, where most attorneys practiced entirely within the county where their office was established,” Doerr explained. “The rules of procedure varied from county to county quite a bit. With the establishment of the unified judicial system in 1968, they established the Administrative Office of PA Courts that established universal procedural rules throughout the commonwealth.”
This represented the single most important change from the 1968 constitution. The General Assembly Act of 1937 had given power to the Supreme Court of PA to prescribe general rules for legal practices statewide, and this was eventually incorporated into the 1968 constitutional amendments.
“Seeing the success of having unified rules was a big factor in its adoption,” Doerr said.
The practical impact was immediate. Now, if a county wants to enact a local rule, it must be submitted in writing to the statewide rules committee for review and approval before it can take effect. The members of the statewide rules committee are appointed by the Supreme Court of Pennsylvania.
“Greater than half the cases of Butler County are served by out-of-county counsel,” Doerr noted. “So, this is beneficial in those instances because the rules are the same in all 67 counties.”
Doerr himself contributed to the ongoing refinement of Pennsylvania’ s judicial system. He was appointed as one of the original drafting members by then Chief Justices Stephen Zappala Sr. and Ralph Cappy to the Juvenile Procedural Court Committee.
“That was the single most important legal experience I’ve had in my life. It was seven years of hard work, and what I created is still in effect and probably still will be long after I'm gone,” he said.
Looking back on which aspects of the constitutional shifts had the most lasting impact on Butler County, Doerr emphasized the value of uniformity.
“Having uniform state guidelines is helpful because it gives a starting point and guideline for making decisions as a sitting judge.”
In Butler County, lawyers routinely referenced the constitutional frameworks when analyzing issues related to suffrage, legislative powers and civil processes. County judges interpreted voting rights, civil procedures and legislative authority within this evolving framework. Local practitioners developed expertise in applying constitutional principles alongside subsequent modifications to state law.
The conventions’ legacies extended beyond specific constitutional provisions to shape institutional development and political culture in Butler County. The reforms established structural and procedural norms that county institutions continued to interpret and apply, affecting voting administration, court procedures and the allocation of state resources.
Understanding this legacy provides context for Butler County’ s institutional development and political culture. The constitutional conventions — particularly those of 1837-38 and 1967-68 — established parameters within which local leaders, attorneys and citizens operated, creating patterns of governance and legal practice that evolved but never entirely escaped the influence of those foundational debates in Harrisburg.
