The Constitution of the State of Illinois is the governing document of the state of

Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Roc ...

. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970. The current constitution is referred to as the "Constitution of Illinois of 1970" or less formally as the "1970 Constitution." The document is still referred to as the "Constitution of Illinois of 1970" even though there have been amendments to it after 1970. Important features of the 1970 Constitution include the creation of

home rule Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...

powers for larger municipalities and other units of local government.

Summary

The 1970 Constitution has a preamble and 14 articles. Article 1 is a

bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

and contains similar provisions as the

United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections ra ...

, 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 2, Powers of the State, describes the division of powers into executive,

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

branches. Article 3, Suffrage and

Elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...

, 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 4 provides for the

Illinois General Assembly The Illinois General Assembly is the legislature of the U.S. state of Illinois. It has two chambers, the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1 ...

to establish rules for elections. Section 5 establishes rules for the state board of election, requiring for no political party to have a majority on the board. Section 7 provides procedures to

recall Recall may refer to: * Recall (bugle call), a signal to stop * Recall (information retrieval), a statistical measure * ''ReCALL'' (journal), an academic journal about computer-assisted language learning * Recall (memory) * ''Recall'' (Overwat ...

the governor. Article 4, the Legislature, provides rules for the

. Section 1 divides the assembly into two bodies, the

Illinois Senate The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the State of Illinois in the United States. The body was created by the first state constitution adopted in 1818. Under the I ...

with 59 legislative districts, and the

Illinois House of Representatives The Illinois House of Representatives is the lower house of the Illinois General Assembly. The body was created by the first Illinois Constitution adopted in 1818. The House under the current constitution as amended in 1980 consists of 118 re ...

, 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 A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto pow ...

of legislation. Section 14 describes

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. I ...

rules, under which Governor

Blagojevich Rod Blagojevich ( , born December 10, 1956), often referred to by his nicknames "Blago" or "B-Rod", is an American former politician, political commentator, and convicted felon who served as the 40th governor of Illinois from 2003 to 2009, when ...

was impeached in the House and removed from office after a trial in the Senate. Article 5, the Executive, describes rules for the six state elected members,

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, Secretary of State,

Comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level exec ...

, and

Treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury o ...

. Article 6, the Judiciary, sets up rules for

Supreme Court of Illinois The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ...

, the

Illinois Appellate Court The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The ...

, and the

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or trial courts of Illinois. Article 7, Local Government, provides rules for county, township, and city governments and provides them with a limited ability to pass ordinances. Article 8, Finance, provides for financial matters including obligation of funds, budgeting, spending, and audits. Article 9, Revenue, provides rules for various forms of

taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, o ...

and state debt. Article 10, Education, establishes the goal of free schooling through

secondary education Secondary education or post-primary education covers two phases on the International Standard Classification of Education scale. Level 2 or lower secondary education (less commonly junior secondary education) is considered the second and final ph ...

and creates a state board of education. Article 11, Environment, grants each person the "right to a healthful environment." It sets that to be public policy and the duty of individuals to that a healthful environment is maintained. Article 12, Militia, sets rules for the state

militia A militia () is generally an army or some other fighting organization of non- professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...

: "The State militia consists of all able-bodied persons residing in the State except those exempted by law." It establishes the governor as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion." Article 13, General provisions, establishes rules for persons holding public office. Section 5 prohibits reducing the pension benefits of public employees. Section 7 provides for public transportation and allows the General Assembly to spend money to provide it. Article 14, Constitutional Revision, describes procedures for amending the constitution. Section 1 describes rules for constitutional conventions. This article requires that Illinois voters be asked at least every 20 years if they desire a

constitutional convention Constitutional convention may refer to: * Constitutional convention (political custom), an informal and uncodified procedural agreement *Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an e ...

. In 1988 the measure failed 900,109 votes for and 2,727,144 against the measure. 1,069,939 other voters chose neither option. In 2008, there was an effort by citizens to support a convention. Ultimately, the measure was also defeated by a wide margin, 1,493,203 votes for and 3,062,724 against from a total of 5,539,172 votes cast. 983,245 voters chose neither option. (Source:

Southwestern Illinois College Southwestern Illinois College is a public community college in Illinois with campuses in Belleville, Granite City, and Red Bud. It also has off-campus sites throughout the district, including Scott Air Force Base and the East St. Louis Commun ...

Constitution study Guide
)

Preamble

The

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

of the 1970 Constitution is as follows:

History

Convention of 1818

When statehood for Illinois was approved on April 18, 1818, the U.S. Congress approved the formation of a state constitution. An election for delegates to a state constitutional convention was scheduled for July 6, 1818. All white male U.S. citizens who had resided in the

Illinois Territory The Territory of Illinois was an organized incorporated territory of the United States that existed from March 1, 1809, until December 3, 1818, when the southern portion of the territory was admitted to the Union as the State of Illinois. It ...

for at least six months prior to the election, or whom were otherwise qualified to vote for representation, were permitted to vote. The main topics of the election were whether it was sensible to have a constitution at that time and, if so, whether to form it and how to select appropriate representatives to frame it.

Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States Place names * Madison, Wisconsin, the state capital of Wisconsin and the largest city known by this ...

, St. Clair, and Gallatin counties were allocated three delegates each, while all other counties were allocated two delegates each. Delegates elected were to attend a meeting at

Kaskaskia The Kaskaskia were one of the indigenous peoples of the Northeastern Woodlands. They were one of about a dozen cognate tribes that made up the Illiniwek Confederation, also called the Illinois Confederation. Their longstanding homeland was in th ...

on August 3. Any record of this election has been lost and it is uncertain where the subsequent meeting was held. However, John Reynolds later noted that the meeting was largely peaceful although there were questions about how to handle slavery. Delegation members were: Bond County *Thomas Kirkpatrick, judge of the county court *Samuel G. Morse, sheriff Madison County * Abraham Prickett, merchant *

Joseph Borough Joseph is a common male given name, derived from the Hebrew Yosef (יוֹסֵף). "Joseph" is used, along with "Josef", mostly in English, French and partially German languages. This spelling is also found as a variant in the languages of the m ...

, first lieutenant in the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It ...

* Benjamin Stephenson, former U.S. Representative St. Clair County * Jesse B. Thomas, U.S. district attorney * James Lemen, Jr., Baptist minister *

John Messinger John Messinger (January 4, 1771 – September 16, 1846) was an American pioneer, politician, teacher, and surveyor who was the first Speaker of the Illinois House of Representatives. Born in Massachusetts, Messinger was educated in Vermont and ...

, surveyor, former

Indiana Territory The Indiana Territory, officially the Territory of Indiana, was created by a congressional act that President John Adams signed into law on May 7, 1800, to form an organized incorporated territory of the United States that existed from July 4, ...

legislator Washington County *

Andrew Bankson Andrew is the English form of a given name common in many countries. In the 1990s, it was among the top ten most popular names given to boys in List of countries where English is an official language, English-speaking countries. "Andrew" is freq ...

, colonel in the War of 1812 *John K. Mangham, died shortly after arrival and otherwise unknown Monroe County *Caldwell Cairns, physician and former judge of the St. Clair County court *Enoch Moore, captain in the War of 1812, county judge of probate Randolph County *

Elias Kane Elias Kent Kane (June 7, 1794December 12, 1835) was the first Illinois Secretary of State and a U.S. Senator from Illinois. Early life He was born in New York City, to merchant Capt. Elias Kent Kane and Deborah VanSchelluyne of Dutchess County, ...

, judge of the Illinois Territory Eastern Circuit * George Fisher, physician, sheriff, former Indiana Territory and Illinois Territory legislator Jackson County * Conrad Will, salt manufacturer * James Hall, War of 1812 veteran Johnson County * William McFatridge, justice of the peace *Hezeziah West
Veteran of the Revolutionary War
(Camden District, South Carolina) Union County *

John Whiteaker John Whiteaker (May 4, 1820October 2, 1902) was an American politician, soldier, and judge. A native of Indiana, he joined the army during the Mexican–American War and then prospected during the California Gold Rush. After moving to the Orego ...

, jurist *William Echols, unknown origin Pope County *Samuel Omelveny, county treasurer, produce transporter *Hamlet Ferguson, sheriff, militia captain Franklin County * Thomas Roberts, captain in the War of 1812 *Isham Harrison, unknown origin Galltin County * Michael Jones, former Kaskaskia land official * Leonard White, salt trader, colonel of the Illinois Militia * Adolphus F. Hubbard, politician White County *

Willis Hargrave Willis may refer to: Places United States * Willis, Florida, an unincorporated community * Willis, Indiana, an unincorporated community * Willis, Kansas, a city * Willis, Michigan, an unincorporated community * Willis, Nebraska, an unincorporate ...

, Illinois Territory legislator, salt trader, captain in the War of 1812 * William McHenry, captain in the War of 1812 Edwards County *

Seth Gard Seth,; el, Σήθ ''Sḗth''; ; "placed", "appointed") in Judaism, Christianity, Islam, Mandaeism, and Sethianism, was the third son of Adam and Eve and brother of Cain and Abel, their only other child mentioned by name in the Hebrew Bib ...

, judge of the county court, Illinois Territory legislator *

Levi Compton Levi (; ) was, according to the Book of Genesis, the third of the six sons of Jacob and Leah (Jacob's third son), and the founder of the Israelite Tribe of Levi (the Levites, including the Kohanim) and the great-grandfather of Aaron, Moses and ...

, county treasurer Crawford County *Edward N. Cullom, farmer, justice of the peace, county commissioner * Joseph Kitchell, politician

Proceedings

Jesse B. Thomas was chosen president ''pro tempore'' while T. V. W. Varick was named secretary ''pro tempore'' and Ezra Owens was named doorkeeper. Thomas was later elevated to the full presidency, William C. Greenup was named secretary, and Ezra Owen was restyled sergeant-at-arms. On August 4, Elias Kane was tasked with forming a committee to estimate the population of the territory; they found it to be 40,258, although this number seems to be exaggerated. A committee was then formed of fifteen, one from each county, to frame and report a constitution. The convention met again on the 6th and approved the draft submitted by the committee.

Robert Blackwell Robert Alexander "Bumps" Blackwell (May 23, 1918 – March 9, 1985) was an American bandleader, songwriter, arranger, and record producer, best known for his work overseeing the early hits of Little Richard, as well as grooming Ray Charle ...

and Elijah C. Berry of the '' Illinois Intelligencer'' were given the responsibility of printing the document. John K. Mangham died on August 11. From the 13th through the 15th, the constitution was read aloud and minor changes were made. It was re-read on the 17th; to this point, there was little debate. On August 18, the convention discussed the matter of slavery. The majority of delegates sought a compromise between the pro-slavery group and the abolitionists. Three votes were held on the matter over the remainder of the convention. Slavery was outlawed throughout most of the state, but was permitted for the

Illinois Salines The Illinois Salines, also known as the Saline Springs or Great Salt Springs, is a salt spring site located along the Saline River in Gallatin County, Illinois. The site was a source of salt for Illinois' prehistoric settlers and is now an arch ...

near Shawneetown. Furthermore, any slave currently in the state would remain a slave, though their children would become free upon reaching adulthood. Two votes were held on the seat of government, and two votes were held on the question of suffrage. The sites considered for the capital included Kaskaskia,

Covington Covington may refer to: People * Covington (surname) Places United Kingdom * Covington, Cambridgeshire * Covington, South Lanarkshire United States * Covington, Georgia * Covington, Indiana * Covington, Kentucky, the largest American cit ...

, Pope's Bluff, Hill's Ferry, and Vandalia. In its final state, most of the state constitution followed the United States Constitution, with some provisions adopted from

Ohio Ohio () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of states and territories of the United States, fifty U.S. states, it is the List of U.S. states and territories by area, 34th-l ...

Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th ...

, and

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virgini ...

, the original homes of many of the delegates. At its conclusion on August 26, 1818, the first Illinois Constitution was adopted.

Subsequent conventions

Succeeding constitutions were ratified in

1848 1848 is historically famous for the wave of revolutions, a series of widespread struggles for more liberal governments, which broke out from Brazil to Hungary; although most failed in their immediate aims, they significantly altered the poli ...

, 1870 and

1970 Events January * January 1 – Unix time epoch reached at 00:00:00 UTC. * January 5 – The 7.1 Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity of X (''Extreme''). Between 10,000 and 1 ...

.Lusk, David W. ''Politics and Politicians: A Succinct History of the Politics of Illinois''
Google Books
, H. W. Rokker: 1884, pp. 326–328, and p. 142. Retrieved 18 September 2007. In 1862 a constitutional convention was held, but the changes known as the " Copperhead constitution" were not ratified by the voters. Thomas J. Turner and Tazewell B. Tanner were delegates to an 1863 Illinois constitutional convention. A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters. The current version of the Illinois Constitution was ratified by special election on December 15, 1970,Constitution of the State of Illinois
" ''Illinois General Assembly'', official site. Retrieved November 2, 2007. and went into effect on July 1, 1971. However, some provisions, such as the change in the dates for the election of constitutional officers, did not take effect for several years. Important features of the fourth Illinois Constitution include the creation of

powers for larger municipalities and other units of local government.

References

External links

Illinois ConstitutionUnderstanding the Illinois Constitution
Illinois State Bar Association. * {{Constitutions of the United States 1818 in American law 1848 in American law 1870 in American law 1970 in American law 1970 documents 1818 in Illinois