Difference between revisions of "Illinois Constitution"

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{{ILConstitution}}{{TOCnestright}}The '''Illinois Constitution''' is the governing document of the state of [[Illinois]]. There have been four Illinois Constitutions; the fourth and current version was adopted in a statewide vote of the people on [[Illinois Constitution Ratification Question (1970)|December 15, 1970]].
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{{ILConstitution}}{{tnr}}The '''Illinois Constitution''' is the basic governing document of the state of [[Illinois]]. There have been four Illinois Constitutions. The fourth and current version was adopted in a statewide vote of the people on [[Illinois Constitution Ratification Question (1970)|December 15, 1970]].
  
==History==
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==Features==
The first Illinois Constitution was adopted in 1818 when Illinois was admitted to the Union.  Constitutional revisions were ratified in 1848, 1870 and 1970.<ref name=lusk>Lusk, David W. ''Politics and Politicians: A Succinct History of the Politics of Illinois'' ([http://books.google.com/books?id=Qw4lAAAAMAAJ&pg=PA326&vq=Dement&dq=JOhn+Dement+Black+Hawk#PPA326,M1 Google Books]), H. W. Rokker: 1884, pp. 326&ndash;328, and p. 142. Retrieved 18 September 2007.</ref> Important features of the fourth Illinois Constitution include the creation of home rule powers for larger municipalities and other units of local government. The current version of the Illinois Constitution was adopted by special election on December 15, 1970.<ref name-ilga>"[http://www.ilga.gov/commission/lrb/conmain.htm Constitution of the State of Illinois]," ''Illinois General Assembly'', official site. Retrieved 2 November 2007.</ref>
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The 1970 Constitution of Illinois has a preamble, 14 articles and a schedule.<ref name="il">[http://www.ilga.gov/commission/lrb/conmain.htm ''Illinois General Assembly'', "Illinois Constitution", accessed March 28, 2014]</ref>
  
In 1862 a constitutional convention was held, but the changes known as the "Copperhead constitution" were not ratified by the voters.<ref>Illinois History Teacher, Vol 3:1 1996. [http://www.lib.niu.edu/ipo/1996/iht319615.html Illinois Copperheads & The American Civil War]. Illinois Historic Preservation Agency. 1996.</ref> A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.<ref>Illinois Blue Book 2005-2006. [http://www.cyberdriveillinois.com/publications/illinois_bluebook/2005_2006/history_election_results/illinoishistory.pdf Illinois History timeline].</ref>  
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Important features of the fourth Illinois Constitution include the creation of home rule powers for larger municipalities and other units of local government.<ref name="il"/><ref name="pat">[http://illinois.patriotactionnetwork.com/il-state-constitution/ ''Patriot Action Network'', "IL State Constitution", accessed March 28, 2014]</ref>
  
Article XIV requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention.<ref>Constitution of the State of Illinois. [http://www.ilga.gov/commission/lrb/con14.htm Article 14 - Constitutional revisions]</ref> 1988 was the last time that measure was put to a vote, so in 2008 Illinois voters will be asked if there is a need for a constitutional convention to revise the state constitution. In 1988 the measure failed 900,109 votes for and 2,727,144 against the measure. 1,069,939 other voters choose neither option. <ref>Proposed amendments. [http://www.ilga.gov/commission/lrb/conampro.htm 1988 - Proposed call for a Constitutional Convention].</ref> In 2008 the convention ballot measure failed with 67.4% voting against it. <ref>[http://elections.nytimes.com/2008/results/states/illinois.html "New York Times", Illinois Election Results, 12/9/2008]</ref>
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In addition, [[Article XIV, Illinois Constitution|Article XIV]] requires that Illinois voters be asked at least every 20 years if they desire a [[constitutional convention]]. [[Illinois Constitutional Convention (2008)|2008 was the last time that measure concerning a constitutional convention was put to a vote]]. The ballot measure failed with 67% voting against the measure.<ref>[http://elections.nytimes.com/2008/results/states/illinois.html ''New York Times'', "Illinois Election Results", accessed December 9, 2008]</ref>
  
 
==[[Preamble, Illinois Constitution|Preamble]]==
 
==[[Preamble, Illinois Constitution|Preamble]]==
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:: ''See also: [[Preambles to state constitutions]]''
 
:: ''See also: [[Preambles to state constitutions]]''
  
The preamble to the [[Illinois Constitution]] is:
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The preamble to the Illinois Constitution states:
  
''We, the People of the State of Illinois; grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors &mdash; in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.''
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{| style="width:40%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
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|color:#000"|
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|-
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|
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| <center>''We, the People of the State of Illinois; grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors &mdash; in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.''<ref name="il"/></center>
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|}
  
==Summary==
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==[[Article I, Illinois Constitution|Article I]]==
The 1970 Constitution of Illinois has a preamble and 14 articles.  
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Article I of the Illinois Constitution is titled "Bill of Rights" and contains similar provisions as the [[Bill of Rights, United States Constitution|United States Bill of Rights]], such as freedom of religion, freedom of speech and freedom of assembly. It also contains items not included in the [[United States Constitution]] like section 18, which prohibits discrimination based on sex, and section 19, which prohibits discrimination based on physical or mental handicaps.  
  
[[Article I, Illinois Constitution|Article I]] is a Bill of rights and contains similar provisions as the United States Bill of Rights, such as freedom of religion, freedom of speech and freedom of assembly. It also contains items not included in the [[United States Constitution]] like section 18, which prohibits discrimination based on sex and section 19, which prohibits discrimination based on physical or mental handicaps.  
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==[[Article II, Illinois Constitution|Article II]]==
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Article II of the Illinois Constitution is titled "Powers of the State" and describes the division of powers into [[State executive offices|executive]], [[legislature|legislative]] and [[Judiciary|judicial]] branches.
  
[[Article II, Illinois Constitution|Article II]], Powers of the State, describes the division of powers into [[Executive (government)|executive]], [[legislature|legislative]] and [[Judiciary|judicial]] branches.
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==[[Article III, Illinois Constitution|Article III]]==
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Article III of the Illinois Constitution is titled "Suffrage and Elections" and describes voting qualifications, disqualifications and other election rules.
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*Section 1 stipulates that a person must be 18 years old and a resident of the state for 30 days to vote.
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*Section 2 disqualifies persons persons convicted of a felony.
 +
*Section 4 provides that the [[Illinois General Assembly]] establish rules for elections.
 +
*Section 5 establishes rules for the state board of election, requiring that no political party have a majority on the board.
  
[[Article III, Illinois Constitution|Article III]], Suffrage and Elections, describes voting qualifications, disqualifications and other election rules. Section 1 stipulates that a person must be 18 years old and a resident of the state for 30 days to vote. Section 2 disqualifies persons persons convicted of a felony. Section 4 provides that the [[Illinois General Assembly]] establish rules for elections. Section 5 establishes rules for the state board of election, requiring that no political party have a majority on the board.
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==[[Article IV, Illinois Constitution|Article IV]]==
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Article IV of the Illinois Constitution is titled "The Legislature" and provides rules for the [[Illinois General Assembly]].  
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*Section 1 divides the assembly into two bodies, the [[Illinois State Senate]] with 59 legislative districts and the [[Illinois House of Representatives]] with 118 representative districts.  
 +
*Section 2 describes the composition of the two bodies.
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*Section 3 describes legislative redistricting procedures.
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*Section 9 describes procedures involving executive vetoes of legislation.
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*Section 14 describes impeachment rules.
  
[[Article IV, Illinois Constitution|Article IV]], labeled '''The Legislature''', provides rules for the [[Illinois General Assembly]]. Section 1 divides the assembly into two bodies, the [[Illinois State Senate]] with 59 legislative districts and the [[Illinois House of Representatives]] with 118 representative districts. Section 2 describes the composition of the two bodies and section 3 describes legislative redistricting procedures. Section 9 describes procedures involving executive vetos of legislation. Section 14 describes impeachment rules.
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==[[Article V, Illinois Constitution|Article V]]==
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Article V of the Illinois Constitution is titled "the Executive" and describes rules for the six state elected members: [[Illinois Governor]], [[Illinois Lieutenant Governor]], [[Illinois Attorney General]], [[Illinois Secretary of State]], [[Illinois Comptroller]] and [[Illinois|Treasurer]].
  
[[Article V, Illinois Constitution|Article V]], the Executive, describes rules for the six state elected members, [[Governor]], [[Lieutenant Governor]], [[Attorney General]], [[Secretary of State]], [[Comptroller]], and [[Treasurer]].
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==[[Article VI, Illinois Constitution|Article VI]]==
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Article VI of the Illinois Constitution is titled "the Judiciary" and establishes rules for the [[Supreme Court of Illinois]], the [[Judgepedia:Illinois Appellate Court|Illinois Appellate Court]], and the [[Judgepedia:Illinois Circuit Court|circuit or trial courts of Illinois]].  
  
[[Article VI, Illinois Constitution|Article VI]], the Judiciary, sets up rules for the [[Supreme Court of Illinois]], the Illinois Appellate Court, and the circuit or trial courts of Illinois.  
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==[[Article VII, Illinois Constitution|Article VII]]==
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Article VII of the Illinois Constitution is titled "Local Government" and provides rules for county, township and city governments. This article also provides local government with a limited ability to pass ordinances.
  
[[Article VII, Illinois Constitution|Article VII]], Local Government, provides rules for county, township and city governments and provides them with a limited ability to pass ordnances.
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==[[Article VIII, Illinois Constitution|Article VIII]]==
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Article VIII of the Illinois Constitution is titled "Finance" and provides for financial matters including obligation of funds, budgeting, spending and audits.
  
[[Article VIII, Illinois Constitution|Article VIII]], Finance, provides for financial matters including obligation of funds, budgeting, spending and audits.
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==[[Article IX, Illinois Constitution|Article IX]]==
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Article IX of the Illinois Constitution is titled "Revenue" and provides rules for various forms of taxation and state debt.  
  
[[Article IX, Illinois Constitution|Article IX]], Revenue, provides rules for various forms of taxation and state debt.  
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==[[Article X, Illinois Constitution|Article X]]==
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Article X of the Illinois Constitution is titled "Education" and establishes the goal of free schooling though secondary education and creates a [[Illinois State Board of Education|state board of education]].
  
[[Article X, Illinois Constitution|Article X]], Education, establishes the goal of free schooling though secondary education, high school and creates a state board of education.
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==[[Article XI, Illinois Constitution|Article XI]]==
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Article XI of the Illinois Constitution is titled "Environment" and grants each person the "right to a healthful environment."<ref name="il"/> It sets this as public policy and the duty of individuals to ensure a healthful environment be maintained.
  
[[Article XI, Illinois Constitution|Article XI]], Environment, grants each person the "right to a healthful environment." It sets this as public policy and the duty of individuals to ensure a healthful environment be maintained.
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==[[Article XII, Illinois Constitution|Article XII]]==
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Article XII of the Illinois Constitution is titled "Militia" and established rules for the state militia stating, "The State militia consists of all able-bodied persons residing in the State except those exempted by law."<ref name="il"/> It also establishes the [[Illinois Governor|Governor of Illinois]] as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion."<ref name="il"/>
  
[[Article XII, Illinois Constitution|Article XII]], Militia, sets rules for the state militia saying, "The State militia consists of all able-bodied persons residing in the State except those exempted by law." It establishes the Governor of Illinois as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion."
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==[[Article XIII, Illinois Constitution|Article XIII]]==
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Article XIII of the Illinois Constitution is titled "General Provisions" and establishes rules for persons holding public office.  
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*Section 7 provides for public transportation, allowing the General assembly to spend money to provide it.
  
[[Article XIII, Illinois Constitution|Article XIII]], General provisions, establishes rules for persons holding public office. Section 7 provides for public transportation, allowing the General assembly to spend money to provide it.
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==[[Article XIV, Illinois Constitution|Article XIV]]==
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Article XIV of the Illinois Constitution is titled "Constitutional Revision" and describes procedures for amending the constitution of Illinois.
  
[[Article XIV, Illinois Constitution|Article XIV]], labeled '''Constitutional Revision''', describes procedures for amending the constitution of Illinois.
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==[[Transition Schedule, Illinois Constitution|Schedule]]==
 +
The Transition Schedule of the Illinois Constitution consists of a preamble and ten sections, though some have been removed. It is also the conclusive section of the Illinois constitution.
  
 
==Amending the constitution==
 
==Amending the constitution==
 
 
:: ''Main article: [[Amending state constitutions]]''
 
:: ''Main article: [[Amending state constitutions]]''
  
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:* Signatures equal to 8% of the total vote cast for governor in the most recent gubernatorial election must be collected.
 
:* Signatures equal to 8% of the total vote cast for governor in the most recent gubernatorial election must be collected.
  
Whether the question at hand is about holding a [[constitutional convention]], ratifying an amendment proposed by the [[Illinois General Assembly]], or adopting an {{icafull}}, these ballot questions are only considered successful if voters say "yes" by a supermajority vote of 60% of those voting on the question '''or''' a majority of those who cast a ballot for any office in that election.
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Whether the question at hand is about holding a [[constitutional convention]], ratifying an amendment proposed by the [[Illinois General Assembly]], or adopting an {{icafull}}, these ballot questions are only considered successful if voters say "yes" by a [[supermajority]] vote of 60% of those voting on the question '''or''' a majority of those who cast a ballot for any office in that election.
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 +
==History==
 +
The [http://tippecanoe.tripod.com/c1818.html first Illinois Constitution was adopted in 1818] when Illinois was admitted to the Union. Constitutional revisions were subsequently ratified in 1848, 1870 and 1970.<ref name="lusk">[http://books.google.com/books?id=Qw4lAAAAMAAJ&pg=PA326&vq=Dement&dq=JOhn+Dement+Black+Hawk#PPA326,M1 Lusk, David W. (1884). ''Politics and Politicians: A Succinct History of the Politics of Illinois', Springfield, Illinois: H. W. Rokker, accessed March 28, 2014]</ref>
 +
 +
In 1862 a constitutional convention was held, but the changes known as the "Copperhead constitution" were not ratified by the voters.<ref name="pat"/> A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.<ref>[http://www.cyberdriveillinois.com/publications/illinois_bluebook/ ''Cyber Drive Illinois.com'', "Illinois History timeline", accessed March 28, 2014]</ref> [[Illinois Constitutional Convention (2008)|2008 was the last time that a ballot measure concerning a constitutional convention was put to a vote]]. The ballot measure failed with 67% voting against the measure.
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==See also==
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[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
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* [[Constitutional article]]
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* [[Constitutional amendment]]
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* [[Constitutional revision]]
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* [[Constitutional convention]]
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* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
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** [[Legislatively-referred constitutional amendment]]
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** [[Publication requirements for proposed state constitutional amendments]]
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** [[Rules about constitutional conventions in state constitutions]]
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** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
{{wikipedia}}
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{{submit a link}}
* [http://www.ilga.gov/commission/lrb/conent.htm Illinois Constitution]
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* [http://www.ilga.gov/commission/lrb/conmain.htm ''Illinois General Assembly'', "Illinois Constitution"]
* [http://www.isba.org/sites/default/files/teachers/publications/constbook.pdf Illinois State Bar Association, Understanding the Illinois Constitution]
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* [https://www.youtube.com/watch?v=_KKJrwX8B00 ''YouTube'', "The Illinois Constitution"]
* [http://www.southwestern.cc.il.us/adultbasiced/constitution/index.htm Lesson 7 of the Constitution Study Guide], written for adult GED students in Illinois
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* [https://www.state.il.us/court/Kids/IL_Govt/IL_Const.asp ''Illinois Courts Learning Center'', "Lesson 2 - The Illinois Constitution"]
*
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* [http://tippecanoe.tripod.com/c1818.html ''Tripod.com'', "Illinois Constitution of 1818"]
 +
 
 +
==Additional reading==
 +
* [http://www.isba.org/sites/default/files/teachers/publications/constbook.pdf ''Illinois State Bar Association'', "Understanding the Illinois Constitution"]
 +
* [http://articles.chicagotribune.com/keyword/illinois-constitution ''Chicago Tribune'', "Articles about the Illinois Constitution"]
  
 
==References==
 
==References==
 
{{reflist}}
 
{{reflist}}
 +
 
{{Illinois Constitution}}
 
{{Illinois Constitution}}
 
{{State constitutions}}
 
{{State constitutions}}
 
{{illinois}}
 
{{illinois}}
{{cons update}}
 

Latest revision as of 18:25, 14 April 2014

Illinois Constitution
Flag of Illinois.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVSchedule
The Illinois Constitution is the basic governing document of the state of Illinois. There have been four Illinois Constitutions. The fourth and current version was adopted in a statewide vote of the people on December 15, 1970.

Features

The 1970 Constitution of Illinois has a preamble, 14 articles and a schedule.[1]

Important features of the fourth Illinois Constitution include the creation of home rule powers for larger municipalities and other units of local government.[1][2]

In addition, Article XIV requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention. 2008 was the last time that measure concerning a constitutional convention was put to a vote. The ballot measure failed with 67% voting against the measure.[3]

Preamble

See also: Preambles to state constitutions

The preamble to the Illinois Constitution states:

We, the People of the State of Illinois; grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors — in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.[1]

Article I

Article I of the Illinois Constitution is titled "Bill of Rights" and contains similar provisions as the United States Bill of Rights, such as freedom of religion, freedom of speech and freedom of assembly. It also contains items not included in the United States Constitution like section 18, which prohibits discrimination based on sex, and section 19, which prohibits discrimination based on physical or mental handicaps.

Article II

Article II of the Illinois Constitution is titled "Powers of the State" and describes the division of powers into executive, legislative and judicial branches.

Article III

Article III of the Illinois Constitution is titled "Suffrage and Elections" and describes voting qualifications, disqualifications and other election rules.

  • Section 1 stipulates that a person must be 18 years old and a resident of the state for 30 days to vote.
  • Section 2 disqualifies persons persons convicted of a felony.
  • Section 4 provides that the Illinois General Assembly establish rules for elections.
  • Section 5 establishes rules for the state board of election, requiring that no political party have a majority on the board.

Article IV

Article IV of the Illinois Constitution is titled "The Legislature" and provides rules for the Illinois General Assembly.

  • Section 1 divides the assembly into two bodies, the Illinois State Senate with 59 legislative districts and the Illinois House of Representatives with 118 representative districts.
  • Section 2 describes the composition of the two bodies.
  • Section 3 describes legislative redistricting procedures.
  • Section 9 describes procedures involving executive vetoes of legislation.
  • Section 14 describes impeachment rules.

Article V

Article V of the Illinois Constitution is titled "the Executive" and describes rules for the six state elected members: Illinois Governor, Illinois Lieutenant Governor, Illinois Attorney General, Illinois Secretary of State, Illinois Comptroller and Treasurer.

Article VI

Article VI of the Illinois Constitution is titled "the Judiciary" and establishes rules for the Supreme Court of Illinois, the Illinois Appellate Court, and the circuit or trial courts of Illinois.

Article VII

Article VII of the Illinois Constitution is titled "Local Government" and provides rules for county, township and city governments. This article also provides local government with a limited ability to pass ordinances.

Article VIII

Article VIII of the Illinois Constitution is titled "Finance" and provides for financial matters including obligation of funds, budgeting, spending and audits.

Article IX

Article IX of the Illinois Constitution is titled "Revenue" and provides rules for various forms of taxation and state debt.

Article X

Article X of the Illinois Constitution is titled "Education" and establishes the goal of free schooling though secondary education and creates a state board of education.

Article XI

Article XI of the Illinois Constitution is titled "Environment" and grants each person the "right to a healthful environment."[1] It sets this as public policy and the duty of individuals to ensure a healthful environment be maintained.

Article XII

Article XII of the Illinois Constitution is titled "Militia" and established rules for the state militia stating, "The State militia consists of all able-bodied persons residing in the State except those exempted by law."[1] It also establishes the Governor of Illinois as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion."[1]

Article XIII

Article XIII of the Illinois Constitution is titled "General Provisions" and establishes rules for persons holding public office.

  • Section 7 provides for public transportation, allowing the General assembly to spend money to provide it.

Article XIV

Article XIV of the Illinois Constitution is titled "Constitutional Revision" and describes procedures for amending the constitution of Illinois.

Schedule

The Transition Schedule of the Illinois Constitution consists of a preamble and ten sections, though some have been removed. It is also the conclusive section of the Illinois constitution.

Amending the constitution

Main article: Amending state constitutions

Article XIV lays out four different routes that can be taken in order to change the constitution over time.

  • The legislature can only propose to amend up to three articles of the constitution in any one election.
  • The legislature is not allowed to propose any amendments when a constitutional convention has been called up through the time that an election is held on any proposed amendments or revisions that arise from that convention.
  • It can only apply to "structural and procedural subjects" contained in Article IV of the Illinois Constitution.
  • Signatures equal to 8% of the total vote cast for governor in the most recent gubernatorial election must be collected.

Whether the question at hand is about holding a constitutional convention, ratifying an amendment proposed by the Illinois General Assembly, or adopting an initiated constitutional amendment, these ballot questions are only considered successful if voters say "yes" by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

History

The first Illinois Constitution was adopted in 1818 when Illinois was admitted to the Union. Constitutional revisions were subsequently ratified in 1848, 1870 and 1970.[4]

In 1862 a constitutional convention was held, but the changes known as the "Copperhead constitution" were not ratified by the voters.[2] A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.[5] 2008 was the last time that a ballot measure concerning a constitutional convention was put to a vote. The ballot measure failed with 67% voting against the measure.

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References