Malcolm Rivera
The Illinois Constitution has been amended several times since its ratification in 1818. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970. This version has been amended multiple times, with amendments adopted in 1994 and 2022, and failed attempts to amend it in 1988 and 2008. Amendments can be made through a constitutional convention, a legislative process, or a citizen-initiated process. The constitution provides procedures for amending it, including rules for constitutional conventions and the requirement for Illinois voters to be asked at least every 20 years if they desire a constitutional convention.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 4 |
| Current Constitution | Constitution of Illinois of 1970 |
| Date of Current Constitution's Effect | July 1, 1971 |
| Number of Amendments | More than 1 |
| Date of First Amendment | November 8, 1994 |
| Date of Latest Amendment | November 8, 2022 |
| Procedure for Amendment | Constitutional convention, legislative process, citizen-initiated process |
| Frequency of Asking Illinois Voters for a Constitutional Convention | Every 20 years |
| First Illinois Constitutional Convention | July 6, 1818 |
| Latest Illinois Constitutional Convention | December 8, 1969 |
| Number of Delegates Allotted to Madison, St. Clair, and Gallatin Counties | 3 each |
| Number of Delegates Allotted to Other Counties | 2 each |
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What You'll Learn
- Illinois voters are asked at least every 20 years if they desire a constitutional convention
- The constitution was amended after 1970
- The constitution provides four mechanisms for amending the state constitution
- Constitutional amendments must be approved by a majority of voters
- The constitution establishes the separation of powers
Illinois voters are asked at least every 20 years if they desire a constitutional convention
The Illinois Constitution has been amended several times since its ratification in 1970. According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention is automatically put to Illinois voters at least every 20 years, starting in 1918. This process is known as a "constitutional convention" and is one of four mechanisms for amending the Illinois Constitution. The other three mechanisms are the legislative process, the citizen-initiated process, and the convention-referred constitutional amendment.
Illinois voters were asked in 1988 and 2008 if they desired a constitutional convention, and both measures were defeated by wide margins. In 1988, there were 900,109 votes in favour and 2,727,144 against, with 1,069,939 voters choosing neither option. In 2008, there were 1,493,203 votes in favour and 3,062,724 against, with 983,245 voters choosing neither option out of a total of 5,539,172 votes cast.
The Illinois Constitution provides specific procedures for amending the document. For example, in a citizen-initiated process, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast for the governor in the previous gubernatorial election. All amendments, regardless of the mechanism used to propose them, must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
In addition to the regular amendment process, the Illinois Constitution has also undergone more significant revisions through constitutional conventions. The Sixth Illinois Constitutional Convention, which took place from 1969 to 1970, resulted in the creation of the fourth and current version of the Illinois Constitution. This version was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971, with some provisions taking effect at later dates.
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The constitution was amended after 1970
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", is the fourth version of the state's governing document. It was ratified by special election on December 15, 1970, and went into effect on July 1, 1971.
The 1970 Constitution has been amended several times since its adoption. For instance, in 1994, two amendments were adopted at the general election. One of these amendments, pertaining to rights after indictment in criminal prosecutions, added Section 8 to the Constitution. It outlines the rights of the accused, including the right to appear and defend oneself in person and by counsel, to demand the nature and cause of the accusation, to be confronted by witnesses, and to have a speedy public trial by an impartial jury. The other amendment, pertaining to the effective date of laws, is outlined in Section 10. It states that the General Assembly shall provide a uniform effective date for laws passed before June 1 of a calendar year and can provide a different effective date for laws passed before June 1.
In addition to the amendments in 1994, voters approved another amendment to the Illinois Constitution on November 8, 2022, known as Amendment 1. This amendment process is facilitated by Article XIV of the Illinois Constitution, which outlines the procedures for "Constitutional Revision". One method of amending the constitution is through a citizen-initiated process, where citizens can propose constitutional amendments by gathering signatures equal to 8% of the votes cast for the governor in the previous gubernatorial election. These citizen-initiated amendments can only amend Article IV of the Illinois Constitution, pertaining to the structure of the Illinois State Legislature. Amendments must ultimately be approved by either a majority of those voting in the election or three-fifths of those voting specifically on the amendment.
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The constitution provides four mechanisms for amending the state constitution
The Illinois Constitution has been amended several times since its ratification in 1970. The constitution outlines four methods for amending the state constitution. These are:
Constitutional Convention
A constitutional convention is a gathering of delegates who propose changes to the constitution. In Illinois, a constitutional convention question is automatically put to voters every 20 years, starting in 1918. The last time this happened was in 2008, when the measure was defeated by a wide margin. Alternatively, a constitutional convention can be called if 60% of the members of both houses of the Illinois General Assembly vote in favour. If the convention question is approved, any proposed amendments must then be ratified by a supermajority vote of 60% or a majority of those who cast a ballot in that election.
Legislative Process
The state legislature can refer constitutional amendments to the ballot for voters to decide. To place an amendment on the ballot, a 60% vote is required during one legislative session for the Illinois General Assembly. This amounts to a minimum of 71 votes in the House of Representatives and 36 votes in the State Senate. All amendments must then be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Citizen-Initiated Process
Citizens can initiate constitutional amendments by gathering signatures equal to 8% of the votes cast for governor in the previous gubernatorial election. These initiated measures may only amend Article IV of the Illinois Constitution, which addresses the structure of the state legislature. Any proposed amendments must then be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment. Eighteen states allow citizens to initiate constitutional amendments, but Illinois is one of only two that allow for direct initiation.
Convention-Referred Constitutional Amendment
According to Article XIV of the Illinois Constitution, a constitutional convention can be called if two-thirds of the members of each house of the state legislature vote to place the question before the people. If a majority of voters support holding a convention, the legislature must arrange for one to take place.
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Constitutional amendments must be approved by a majority of voters
The Illinois Constitution has been amended several times since its ratification in 1970. The constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process.
One way to amend the Illinois Constitution is through a constitutional convention. According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention automatically appears on the state's ballot every 20 years, with the first one in 1918. Illinois is one of 14 states that provides for an automatic constitutional convention question. A constitutional convention question can also be placed before the voters if 60% of the members of both houses of the Illinois General Assembly vote in favour. If such a question is on the ballot, it must be approved by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot in that election. However, holding a constitutional convention does not guarantee amendments to the constitution. For example, in 1988 and 2008, measures to hold a constitutional convention were defeated by wide margins.
Another way to amend the Illinois Constitution is through a legislative process. According to Article XVI, the state legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Illinois General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies. Once on the ballot, the amendment must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Additionally, citizens can initiate constitutional amendments in Illinois. Eighteen states, including Illinois, allow citizens to initiate constitutional amendments. The number of signatures required for an initiated constitutional amendment in Illinois is equal to 8% of the votes cast for the governor in the previous gubernatorial election. Initiated measures can only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. Like amendments proposed through the legislative process, citizen-initiated amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment.
Overall, while there are multiple paths to amending the Illinois Constitution, all amendments must ultimately be approved by a majority of voters, either directly through their votes on an amendment or indirectly through their election of representatives who refer amendments to the ballot.
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The constitution establishes the separation of powers
The Illinois Constitution has been amended several times since its ratification in 1818. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970. This version, referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution", has been amended multiple times since its inception.
The Illinois Constitution establishes a clear separation of powers between the legislative, executive, and judicial branches of government, as outlined in Article II, Section 1. Each branch operates independently, and no branch is permitted to exercise powers that belong to another. This separation of powers is a fundamental principle of the Illinois Constitution and is designed to maintain a representative and orderly government.
Article II, Section 2 of the Illinois Constitution further emphasises the separation of powers by stating that the specified powers and functions enumerated in the Constitution should not be seen as a limitation of the powers of the state government. This section ensures that the state government retains the flexibility and authority to govern effectively without being constrained by the explicit powers listed in the Constitution.
The process of amending the Illinois Constitution is outlined in Article XIV, titled "Constitutional Revision". The Illinois Constitution provides four mechanisms for amending the document: a constitutional convention, a legislative process, a citizen-initiated process, and a convention-referred process. Amendments can be proposed by citizens, with an initiated constitutional amendment requiring signatures equal to 8% of votes cast for the governor in the previous gubernatorial election. However, amendments must ultimately be approved by either a majority of those voting in the election or three-fifths of those voting specifically on the amendment.
The Illinois Constitution has been amended multiple times through these processes. For example, in the 1994 general election, an amendment was adopted regarding the rights of the accused in criminal prosecutions, guaranteeing their right to a speedy public trial by an impartial jury. Additionally, another amendment adopted in the same year established provisions for the effective date of laws passed by the General Assembly. These amendments demonstrate the ongoing evolution of the Illinois Constitution to adapt to the changing needs and priorities of the state.
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Frequently asked questions
There have been four Illinois Constitutions, with the fourth and current version adopted in 1970.
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process.
Illinois voters must be asked at least every 20 years if they desire a constitutional convention.
Examples of amendments to the Illinois Constitution include an amendment adopted in 1994, which outlines the rights of the accused in criminal prosecutions, and an amendment adopted in 2022, which establishes the separation of powers between the legislative, executive, and judicial branches of the state government.
