Malcolm Rivera
The Illinois Constitution has undergone several amendments since its inception, with the most recent version, the 1970 Constitution, being amended multiple times. One notable amendment proposal was the Allow for Graduated Income Tax Amendment, which aimed to transition the state from a flat tax to a graduated income tax system. This amendment was introduced in 2019 and appeared on the ballot for the November 2020 election. However, it failed to pass, as it did not meet the required threshold of 60% support among those specifically voting on the amendment or 50% of all ballots cast in the state's November elections.
| Characteristics | Values |
|---|---|
| Date of Amendment | November 3, 2020 |
| Amendment Name | Illinois Fair Tax, Allow for Graduated Income Tax Amendment |
| Type of Amendment | Legislatively referred constitutional amendment |
| Voting Outcome | Did not pass |
| Number of Votes | 53.27% No, 46.73% Yes |
| Previous Amendment | 1970 |
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What You'll Learn
- There have been four Illinois Constitutions, with the fourth version adopted in 1970 and amended since
- Amendments must be approved by a majority of delegates and then submitted to electors
- A 60% vote is required in each chamber to refer an amendment to the ballot
- The Illinois Fair Tax amendment was proposed in 2020 but did not pass
- Constitutional conventions must be considered by Illinois voters at least every 20 years
There have been four Illinois Constitutions, with the fourth version adopted in 1970 and amended since
The Constitution of the State of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions in total, with the fourth and most recent version—referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution"—being adopted in 1970. This fourth constitution was ratified by special election on December 15, 1970, 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 immediately and were implemented several years later.
The fourth Illinois Constitution has a preamble and 14 articles. The preamble expresses gratitude to Almighty God for civil, political, and religious liberty, and seeks His blessing to maintain health, safety, and welfare for the people. It also aims to uphold a representative and orderly government, eliminate poverty and inequality, assure legal, social, and economic justice, provide opportunities for individual development, ensure domestic tranquility, provide for the common defence, and secure the blessings of freedom and liberty for the people and their posterity.
The 1970 Constitution includes a bill of rights with provisions similar to the United States Bill of Rights, including freedom of religion, freedom of speech, and freedom of assembly. Notably, it also includes provisions not found in the United States Constitution, such as Section 18, which prohibits discrimination based on sex, and Section 19, which prohibits discrimination based on physical or mental handicaps.
Another important feature of the fourth Illinois Constitution is the creation of home rule powers for larger municipalities and other units of local government. This constitution has been amended multiple times since its adoption in 1970. Amendments to the Illinois Constitution can be proposed and ratified through a process outlined in Article XIV of the constitution. Amendments are limited to structural and procedural subjects and must be approved by a majority or three-fifths vote, depending on the specific process followed.
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Amendments must be approved by a majority of delegates and then submitted to electors
The Illinois Constitution has undergone several amendments since its adoption in 1970. To amend the Illinois Constitution, a majority of delegates must approve the proposed changes, and then these amendments must be submitted to electors for approval. This process is outlined in Article XIV of the Illinois Constitution, which details the procedures for amending the document.
The Illinois Constitution has a preamble and 14 articles, and it is the governing document of the state. There have been four versions of the Illinois Constitution, with the current version being referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution." The process of amending this constitution is a critical aspect of Illinois's political landscape and has been utilised on several occasions to address various issues.
One notable example of the amendment process in Illinois was the proposed "Allow for Graduated Income Tax Amendment" in 2020. This amendment aimed to change the state income tax system from a flat tax to a graduated income tax, with multiple tax brackets and rates. The amendment was introduced as Senate Joint Resolution 1 (SJR 1) during the 2019 legislative session and passed with Democratic support in both the state Senate and House.
However, the amendment ultimately did not pass during the November 3, 2020, election. It failed to meet the required threshold of 60% support among those specifically voting on the amendment or 50% of all ballots cast in the state's November elections. This illustrates the critical role of electors in the amendment process, as their approval is essential for any proposed changes to the Illinois Constitution to take effect.
The amendment process in Illinois also includes provisions for constitutional conventions. According to Article XIV, Illinois voters must be asked at least every 20 years if they desire a constitutional convention. This process allows for more significant revisions to the constitution and provides an avenue for citizens to initiate changes directly. While efforts to support a convention in 1988 and 2008 were defeated by wide margins, it remains an important mechanism for amending the Illinois Constitution.
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A 60% vote is required in each chamber to refer an amendment to the ballot
The Illinois Constitution has undergone several amendments since its ratification in 1970. To refer an amendment to the ballot, a 60% vote is required in each chamber of the Illinois General Assembly. This process was followed for the Illinois Fair Tax amendment, also known as the "Allow for Graduated Income Tax Amendment".
The Illinois Fair Tax amendment was proposed to change the state's income tax system from a flat tax to a graduated income tax. In 2019, the Illinois Senate and House, both controlled by the Democrats, passed Senate Joint Resolution 1 (SJR 1) with the required 60% majority. This referred the amendment to the ballot for voter consideration in the 2020 general election.
The proposed amendment aimed to eliminate the state constitution's flat tax protection and create multiple tax brackets and rates. This would result in higher tax rates for those earning more. Proponents of the amendment argued that it would make the Illinois tax code fairer and provide tax relief to most residents. They also believed it would better fund public goods, social services, and boost small businesses.
However, the Illinois Fair Tax amendment did not pass during the November 3, 2020, election. It failed to meet the required threshold, receiving only 46.73% support among those specifically voting on the amendment. This outcome reflected the concerns of some that the amendment would lead to continued tax increases without addressing the state's financial challenges.
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The Illinois Fair Tax amendment was proposed in 2020 but did not pass
The Illinois Fair Tax amendment, also known as the "Allow for Graduated Income Tax Amendment", was proposed in 2020 but did not pass. The amendment would have changed Illinois' state income tax system from a flat tax to a graduated income tax, with multiple tax brackets and rates. This would have meant that those who earned more would pay a higher tax rate.
The amendment was introduced into the state legislature as Senate Joint Resolution 1 (SJR 1) during the 2019 legislative session. It passed in both the state Senate and House with support from Democrats and opposition from Republicans. The resolution was then placed on the ballot for the November 3, 2020, general election.
To pass, the amendment required 60% of the votes on the ballot measure itself or a simple majority of all those voting in the election. However, it failed to meet either threshold, with the "no" votes outnumbering the "yes" votes by 53.27% to 46.73%.
Proponents of the amendment argued that it would make the Illinois tax code fairer, provide tax relief to most Illinoisans, better fund public goods and social services, and boost small businesses. They also argued that the current flat-rate income tax was unfair and that the state needed to address its financial crisis.
On the other hand, opponents of the amendment, including the Illinois Chamber of Commerce, argued that raising taxes without making major spending reforms would not improve the state's financial situation. They also believed that the current flat-rate income tax was inherently fairer than a graduated income tax since everyone pays the same rate.
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Constitutional conventions must be considered by Illinois voters at least every 20 years
The Illinois Constitution has undergone several amendments since its inception, with the most recent version, the "1970 Constitution", being the fourth iteration. One notable aspect of this constitution is the requirement for Illinois voters to be asked at least every 20 years if they wish to convene a constitutional convention. This provision ensures that the constitution remains responsive to the will of the people and allows for potential updates to reflect changing societal needs.
The process of amending the Illinois Constitution is outlined in Article XIV of the constitution itself. Amendments can be initiated in either house of the General Assembly and must be read in full on three separate days in each house before a final vote is taken. Additionally, any proposed revisions or amendments approved by a majority of delegates must be submitted to the electors, with the vote occurring on a separate ballot. This process ensures that any changes to the constitution are carefully considered and approved by a majority of voters.
The Illinois Constitution has a rich history, with the first state constitution being formed after Illinois achieved statehood in 1818. The current version, the 1970 Constitution, was ratified by a special election on December 15, 1970, and came into effect on July 1, 1971. It includes important provisions such as the creation of home rule powers for larger municipalities and local governments, as well as a bill of rights that mirrors the United States Bill of Rights.
Despite the significance of the 1970 Constitution, there have been ongoing efforts to amend it further. One notable example is the "Allow for Graduated Income Tax Amendment", which was on the ballot during the November 3, 2020, election. This amendment aimed to transition Illinois from a flat tax system to a graduated income tax structure. However, it failed to garner sufficient support, with "no" votes outnumbering "yes" votes.
In conclusion, the Illinois Constitution's requirement for considering constitutional conventions every 20 years provides a mechanism for potential updates and revisions. The process of amending the constitution is carefully outlined in Article XIV, ensuring that any changes reflect the will of the majority of voters. While the 1970 Constitution remains the current version, ongoing efforts to amend it, such as the proposed graduated income tax amendment, highlight the dynamic nature of constitutional law in Illinois.
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Frequently asked questions
The Constitution of the State of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970.
Illinois voters must be asked at least every 20 years if they desire a constitutional convention.
Amendments may be initiated in either house of the General Assembly. Amendments must be read in full on three different days in each house and reproduced before the vote is taken on final passage. Amendments must be approved by a vote of three-fifths of the members elected to each house.
Yes, there have been amendments to the 1970 Constitution. For example, in 2020, the Illinois Fair Tax was a proposed amendment to change the state income tax system from a flat tax to a graduated income tax. However, the referendum did not pass as it failed to meet the required threshold of 60% support among those voting on the amendment or 50% of all ballots cast in the state's November elections.
The Illinois Constitution sets up rules for the state's court system, provides rules for various forms of taxation and state debt, establishes the goal of free schooling through secondary education, and grants each person the "right to a healthful environment", among other provisions.
