Isabella Carter
The Illinois Constitution is the governing document of the state of Illinois. The current version, referred to as the Constitution of Illinois of 1970 or the 1970 Constitution, contains a preamble and 14 articles. The Illinois Constitution has been amended 15 times since its adoption, with the most recent amendment being approved by voters on November 8, 2022. While I cannot find the exact word count, the constitution has been amended multiple times and contains numerous sections and articles, suggesting that it is a lengthy document.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 4 |
| Current Constitution | Adopted in 1970 |
| Number of Amendments | 15 |
| Last Amendment | November 8, 2022 |
| Number of Articles | 14 |
| Preamble | Yes |
| Schedule | Yes |
| Voting Age | 18 |
| Voting Residence Requirement | Resident of the state for 30 days |
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What You'll Learn
History of the Illinois Constitution
The State of Illinois has had four constitutions, with the current version—referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution"—adopted in 1970. This constitution has a preamble and 14 articles.
The first Illinois Constitution was drafted in 1818, after President James Monroe signed the Enabling Act, which outlined the requirements for Illinois to become a state, including the passing of a state Constitution. An election for delegates to a state constitutional convention was scheduled for July 6, 1818, with 33 delegates meeting in the territorial capital of Kaskaskia on August 3, 1818, to begin drafting the Constitution. The main topics of discussion at the convention were whether it was the right time for a constitution, and if so, how to select the appropriate representatives to frame it. The delegates approved the new Constitution on August 26, 1818, and it became operative when Congress approved statehood later that year.
The 1818 Constitution was considered liberal for its time, granting all white males who had lived in the state for six months the right to vote, regardless of their citizenship status or property ownership. It also severely limited the powers of the governor and set aside land in every township for schools. However, it did not go far enough to prohibit slavery, which was a point of contention for some members of Congress.
Despite the efforts of citizens to support a constitutional convention in 1988 and 2008, the 1970 Constitution remains the operative document in Illinois, with amendments made to it over time.
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Illinois Constitution Amendments
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. Amendments can be proposed by a constitutional convention, the state legislature, or citizens.
A constitutional convention is a gathering of elected delegates who review, revise, and amend a constitution. In Illinois, a question about whether to hold a constitutional convention automatically appears on the state's ballot every 20 years, with the next one scheduled for 2028. Additionally, a constitutional convention question can be placed on the ballot if 60% of the members of both houses of the Illinois General Assembly vote in favour. For any proposed amendments to be adopted, they must be approved 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.
The legislative process allows the state legislature to 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 House of Representatives and 36 votes in the State Senate, assuming no vacancies.
The citizen-initiated process, or initiated constitutional amendment, allows citizens to propose amendments to the constitution. The number of signatures required for this process is equal to 8% of the votes cast for 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. All amendments proposed through this process must be approved by either a majority of those voting in the election or three-fifths of those voting specifically on the amendment.
Some examples of amendments to the Illinois Constitution include the right to a speedy public trial by an impartial jury in the county where the alleged offence was committed, and the right to vote for every United States citizen aged 18 or over who has been a permanent resident of Illinois for at least 30 days before an election.
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Illinois Constitution Articles
The Illinois Constitution, adopted on December 15, 1970, is comprised of several articles that outline the rights and responsibilities of the state's citizens and government.
Article I, the Bill of Rights, asserts the inherent and inalienable rights of all individuals, including life, liberty, and the pursuit of happiness. It also guarantees religious liberty, freedom of speech, and due process of law.
Article V, the Executive Article, outlines the structure and responsibilities of the state's executive branch, including the Governor, Lieutenant Governor, Attorney General, and other elected officials. It defines the powers and duties of these offices, as well as the process for impeachment and removal from office.
Article VII deals with election laws and the election process in Illinois. It establishes the State Board of Elections, which supervises voter registration and election administration across the state. The article also defines the term "general election" and outlines the responsibilities of the General Assembly in ensuring fair and uniform elections.
Article XI, the Initiative and Referendum, details the process by which citizens can propose new laws or amendments to the Constitution. It also outlines the role of local governments and school districts in initiating and submitting proposals to the electors.
Additionally, the Illinois Constitution includes articles on counties and municipalities, indebtedness, and the rights of workers to organize and bargain collectively. These articles establish the powers and limitations of local governments, address financial matters, and protect the rights of employees in the state.
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Illinois Constitution and Voting Rights
The Illinois Constitution, like other state constitutions, plays a crucial role in defining and safeguarding the voting rights of its citizens. Article III of the Illinois Constitution is specifically dedicated to elections and voting rights, outlining the qualifications, laws, and procedures that govern the democratic process in the state.
Voting Qualifications
Section 1 of Article III establishes the fundamental voting qualifications in Illinois. It grants every United States citizen who has attained the age of 18 and has been a permanent resident of the state for at least 30 days preceding an election, the right to vote in that election. This provision ensures that eligible citizens have the opportunity to participate in the democratic process and have their voices heard.
Voting Disqualifications
Section 2 of Article III addresses voting disqualifications, stating that individuals convicted of a felony or under sentence in a correctional institution or jail shall lose their right to vote. However, this right to vote is restored upon the completion of their sentence. This section aims to balance the principles of civic participation and the enforcement of legal consequences.
Election Laws and Procedures
Sections 4 and 5 of Article III outline the responsibilities of the General Assembly and the State Board of Elections, respectively. The General Assembly is tasked with defining permanent residence for voting purposes, ensuring the secrecy of voting, maintaining the integrity of the election process, and facilitating registration and voting for all qualified persons. The State Board of Elections, on the other hand, is responsible for the general supervision of the administration of registration and election laws throughout Illinois. This division of duties ensures the smooth and fair conduct of elections.
General Elections
Section 6 of Article III defines a "general election" as the biennial election during which members of the General Assembly are elected. This clarification is essential for distinguishing between different types of elections and their respective procedures.
Expanding Voting Rights
Illinois has actively worked to expand voting rights and encourage voter participation. Governor Pritzker has signed legislation to protect and enhance voting rights, including extending hours at permanent polling places, expanding the vote-by-mail program, and making Election Day a state holiday. These initiatives aim to make voting more accessible and convenient for Illinois citizens, ensuring that their right to vote is not only protected but also promoted.
In conclusion, the Illinois Constitution provides a solid framework for voting rights, and the state has demonstrated a commitment to upholding and expanding these rights. By ensuring that elections are free, fair, and accessible, Illinois contributes to the foundational principles of American democracy.
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Illinois Constitution and Discrimination
The Illinois Constitution includes several provisions that prohibit discrimination and protect the rights of individuals.
Section 17 of the Constitution guarantees the right to be free from discrimination in employment and property transactions. It states that all persons shall have the right to be free from discrimination on the basis of race, colour, creed, national ancestry, and sex in hiring and promotion practices, as well as in the sale or rental of property.
Section 18 of the Constitution specifically addresses discrimination based on sex, stating that equal protection under the law shall not be denied or abridged by the state, local governments, or school districts on account of an individual's sex.
Section 19 of the Constitution protects individuals with physical or mental disabilities from discrimination, guaranteeing their right to be free from discrimination in the sale or rental of property, as well as in hiring and promotion practices unrelated to their abilities.
In addition to the protections provided by the Illinois Constitution, the Illinois Human Rights Act and other legislation further prohibit discrimination in various areas. These laws protect against discrimination in employment, housing, access to financial credit, and public accommodations. The Act also prohibits retaliation and sexual harassment in employment and educational institutions. The protected classes under the Act include race, colour, religion, sex, sexual harassment, national origin, ancestry, age (40 and over), sexual orientation, gender identity, disability, pregnancy, arrest record, citizenship and immigration status, and military status.
Senate Bill 1480 also provides an additional layer of protection for individuals who have had interactions with law enforcement. Under this Bill, anyone who believes they are experiencing discrimination at work or in job opportunities due to their conviction record can file a charge with the Illinois Department of Human Rights.
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