Isabella Carter
The Illinois Constitution is the state's governing document, outlining the framework for governance, powers, structure, and limitations of the state government, as well as individual and civil rights. There have been four versions of the Illinois Constitution, with the current version—the fourth—being adopted in 1970. The constitution has a preamble and 14 articles, covering a range of topics such as the bill of rights, powers of the state, suffrage and elections, the state legislature, and more. The Illinois Constitution has been amended multiple times since its adoption, with voters approving the most recent amendment in 2022.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 4 |
| Current Constitution | Adopted in 1970 |
| Number of Amendments | 15 |
| Last Amendment | November 8, 2022 |
| Number of Articles | 14 |
| Bill of Rights | Similar to the United States Bill of Rights, with additional provisions |
| Article II | Powers of the State, separating government into executive, legislative, and judicial branches |
| Article III | Suffrage and Elections |
| Article IV | The Legislature |
| Article V | The Executive |
| Article VII | Local Government |
| Article VIII | Finance |
| Article IX | Revenue |
| Article X | Education |
| Article XI | Environment |
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What You'll Learn
Illinois Constitution: what is it?
The Illinois Constitution is the governing document of the state of Illinois. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current Illinois Constitution, also referred to as the "1970 Constitution", is the fourth version and was adopted in 1970. It has since been amended 15 times, with the most recent amendment being approved by voters on November 8, 2022.
The Illinois Constitution has 14 articles that cover a range of topics. Article I is titled "Bill of Rights" and includes provisions similar to the United States Bill of Rights, such as freedom of religion, speech, and assembly, as well as prohibiting discrimination based on sex. Article II, "Powers of the State", separates the state government into the executive, legislative, and judicial branches. Article III, "Suffrage and Elections", outlines voting qualifications and election rules, while Article IV, "The Legislature", provides rules for the Illinois General Assembly.
Article V of the Illinois Constitution, titled "The Executive", outlines the rules governing the six state-elected offices, including the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. Article VII, "Local Government", outlines the governing structure and power of county, township, and city governments. Article VIII, "Finance", covers the financial matters of the state, and Article IX, "Revenue", establishes the state's revenue power and taxation rules.
Other notable articles in the Illinois Constitution include Article X, "Education", which establishes the state's public school system and creates a State Board of Education; Article XI, "Environment", which outlines the state's duty to provide and maintain a healthful environment; and Article XII, "Public Funds for Sectarian Purposes Forbidden", which prohibits the use of public funds for any church or sectarian purpose.
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The history of the Illinois Constitution
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. This constitution is referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution".
The first state constitution was formed after Illinois was approved for statehood on April 18, 1818. An election for delegates to a state constitutional convention was held on July 6, 1818. Only white male US citizens who had resided in the Illinois Territory for at least six months prior to the election 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, how to form it and select appropriate representatives to frame it. The delegates were to meet in Kaskaskia on August 3, but the location of the meeting is uncertain. While the meeting was largely peaceful, there were questions about how to handle slavery.
The first constitution was succeeded by two others, ratified in 1848 and 1870, respectively. The fourth and current Illinois Constitution was drafted by the Sixth Illinois Constitutional Convention, which convened on December 8, 1969, and concluded on September 3, 1970. It was ratified by special election on December 15, 1970, and went into effect on July 1, 1971.
The 1970 Constitution includes important features such as the creation of home rule powers for larger municipalities and other units of local government. It has a preamble and 14 articles. The preamble 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.
The Illinois Constitution also contains items not included in the United States Constitution, such as sections prohibiting discrimination based on sex and physical or mental handicaps.
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State Board of Education
The Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "'1970 Constitution', serves as the fundamental governing document for the state of Illinois. It outlines the state's commitment to ensuring the educational development of all individuals and establishes a framework for achieving this goal through the creation of a State Board of Education.
The State Board of Education is a crucial component of Illinois' educational system, tasked with overseeing and managing the state's public education. The Board is responsible for establishing goals, determining policies, planning and evaluating educational programs, and recommending financing. The number of members on the Board, their qualifications, terms of office, and manner of election or selection are all outlined in the Illinois Constitution, ensuring a diverse and representative group of educators and stakeholders.
One of the key responsibilities of the State Board of Education is to appoint a chief state educational officer. This officer plays a pivotal role in implementing the Board's decisions and ensuring the smooth functioning of the state's educational system. The Board's influence extends to various aspects of education, including curriculum development, teacher training, and resource allocation, enabling them to shape the direction of education in Illinois.
The Illinois Constitution recognises the importance of education in promoting the health, safety, and welfare of its citizens. It emphasises the need for an efficient system of high-quality public educational institutions and services. To achieve this, the State Board of Education is empowered to make recommendations and establish policies that support the development of students and ensure their access to quality education. This includes the allocation of resources and the distribution of funding to ensure that schools have the necessary tools and support to provide a high standard of education.
The State Board of Education also plays a crucial role in evaluating the effectiveness of educational programs and initiatives. By conducting regular assessments and reviews, the Board can identify areas of improvement and make informed decisions about resource allocation. This feedback loop ensures that the state's educational system remains dynamic and responsive to the needs of its students and the ever-evolving educational landscape. The Board's ability to adapt and innovate is essential to maintaining the high standards set by the Illinois Constitution.
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Revenue and taxation
The Illinois Constitution of 1970, the fourth version of the state's constitution, outlines the General Assembly's revenue and taxation powers. Article IX of the constitution, comprising Sections 1 to 7, details the state's revenue and taxation guidelines.
Section 1 of Article IX establishes the General Assembly's exclusive authority to raise revenue through taxation, with the provision that this power cannot be surrendered, suspended, or contracted away. This section emphasizes the General Assembly's crucial role in generating revenue for the state, subject to any limitations specified within the constitution itself.
Section 2 addresses non-property taxes, outlining the requirements for reasonable classification, exemptions, deductions, credits, refunds, and other allowances. It ensures uniformity in taxation within each class.
Section 3 focuses on limitations regarding income taxation. It mandates a non-graduated tax rate and restricts the state to imposing a single income tax on individuals and corporations at any given time. Additionally, it stipulates that the tax rate imposed on corporations cannot exceed the rate for individuals by more than an 8 to 5 ratio.
Section 4 pertains to real property taxation. It mandates uniform valuation-based taxation on real property, with counties having a population over 200,000 allowed to classify real property for taxation purposes. These classifications must be reasonable, and assessments within each class must be uniform.
Section 5 concerns personal property taxation, empowering the General Assembly to classify personal property for taxation by valuation, abolish taxes on specific classes, and authorize alternative levies. It prohibits the reinstatement of any ad valorem personal property tax abolished before the constitution's effective date.
Section 6 outlines exemptions from property taxation, specifying that the General Assembly may exempt state-owned property, local government property, school district property, and property used for agricultural, horticultural, school, religious, cemetery, and charitable purposes. The General Assembly is also granted the authority to offer homestead exemptions or rent credits.
Lastly, Section 7 addresses the replacement of revenue lost due to the abolition of ad valorem personal property taxes after January 2, 1971. It mandates the imposition of statewide taxes, excluding ad valorem taxes on real estate, on those classes previously burdened by ad valorem personal property taxes.
The Illinois Constitution's provisions on revenue and taxation establish a framework for the state's taxing system, empowering the General Assembly to generate revenue while providing guidelines to ensure fair and uniform taxation practices.
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The Illinois Constitution and local government
The Illinois Constitution is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970. This version is referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution".
Article VII of the Illinois Constitution is titled "Local Government" and outlines the governing structure and power of county, township, and city governments. This article is an important feature of the 1970 Constitution, as it grants home rule powers to larger municipalities and other units of local government.
The Illinois Constitution establishes a State Board of Education, which is responsible for establishing goals, determining policies, providing for planning and evaluating education programs, and recommending financing. The Board is elected or selected on a regional basis, and the number of members, their qualifications, terms of office, and manner of election or selection are provided by law.
Article IX of the Illinois Constitution, titled "Revenue," establishes the state's revenue power. It grants the General Assembly the exclusive power to raise revenue by law, except as limited or otherwise provided in the Constitution. The power of taxation cannot be surrendered, suspended, or contracted away. This article also includes provisions for classifying the subjects or objects of non-property taxes or fees, as well as limitations on income taxation.
The Illinois Constitution has been amended 15 times since its adoption in 1970. Voters last approved a new amendment on November 8, 2022, with the addition of Amendment 1. The state constitution is a fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
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