Omar Bennett
The current constitution of Illinois, also known as the Constitution of Illinois of 1970 or the 1970 Constitution, is the fourth version of the Illinois Constitution. It was ratified by special election on December 15, 1970, and went into effect on July 1, 1971. The constitution was preceded by three other versions, which were adopted in 1818, 1848, and 1870. The first Illinois Constitution was drafted in 1818 after Illinois was approved for statehood by President James Monroe, who signed the legislation known as the Enabling Act.
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What You'll Learn
Illinois' statehood and the first constitution
Illinois has had four Constitutions, with the fourth and current version adopted in 1970. The road to Illinois statehood began in January 1818 when Illinois petitioned for statehood. On April 18, 1818, 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 was held in July 1818 to elect representatives to a constitutional convention, which was convened in Kaskaskia in August.
The 1818 Illinois Constitution was drafted by 33 delegates, including Judge Jesse Thomas and Elias Kent Kane, who served as president and leader of the convention, respectively. The Constitution consisted of eight articles and was modelled after the state constitutions of New York, Kentucky, and Ohio. It was considered liberal for its time, granting all white males who had lived in the state for six months the right to vote without property restrictions or U.S. citizenship requirements. It also limited the governor's powers and set aside land in each township for schools.
The Illinois Constitutional Convention of 1818 approved the new Constitution on August 26, 1818. However, it was not submitted to voters but became operative when Congress approved statehood. On November 19, 1818, the Constitution was presented to the House and referred to a select committee. After several readings and votes, Illinois was admitted to the Union as the twenty-first state on December 3, 1818, with President Monroe signing the legislation.
The 1970 Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", includes a preamble and 14 articles. It establishes a bill of rights with provisions similar to the United States Bill of Rights, such as freedom of religion, speech, and assembly. It also includes sections prohibiting discrimination based on sex and other factors. The 1970 Constitution addresses public policy, the state militia, rules for persons holding public office, and procedures for amending the Constitution.
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The 1970 Constitution
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", is the fourth version of the state constitution. It was ratified by special election on December 15, 1970, and came into effect on July 1, 1971. The constitution has since been amended multiple times.
Article I of the 1970 Constitution is titled "Bill of Rights" and includes freedoms of religion, speech, and assembly, as well as protection against double jeopardy. This article 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 other forms of discrimination. Article II, titled "Powers of the State", separates the state government into 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, "The Executive", outlines the rules for six state-elected offices, including the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. These officers are elected for four-year terms and must meet eligibility requirements, including U.S. citizenship, a minimum age of 25 years, and residency in the state for at least three years. Article VI, "The Judiciary", vests power in the Supreme Court of Illinois, the Illinois Appellate Court, and the circuit or trial courts of Illinois.
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Amendments to the 1970 Constitution
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", is the fourth version of the state constitution and was adopted in 1970. It has been amended 15 times since then.
The 1970 Constitution has a preamble and 14 articles. The preamble of the 1970 Constitution is as follows:
> 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 endeavours—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 defence; 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 1970 Constitution includes important features such as the creation of home rule powers for larger municipalities and other units of local government. It also establishes rules for persons holding public office, including the governor, who is established as the commander in chief of the state militia.
Illinois has four mechanisms for amending its state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. The state constitution requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention. In 1988 and 2008, voters rejected the measure. The most recent amendment to the 1970 Constitution was approved by voters on November 8, 2022.
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The Bill of Rights
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", is the fourth version of the state constitution and was adopted in 1970. It has a preamble and 14 articles. The preamble is as follows:
> 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 endeavours—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 defence; 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's Bill of Rights contains similar provisions to the United States Bill of Rights, including freedom of religion, freedom of speech, and freedom of assembly. However, it also contains items not included in the United States Constitution, such as prohibiting discrimination based on sex and prohibiting discrimination based on other factors.
The Illinois Constitution has been amended several times since 1970, with the most recent version going 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.
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The Executive Branch
Illinois has had four Constitutions, with the fourth and current version adopted in 1970. This Constitution, referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution", introduced joint elections for the Governor and Lieutenant Governor.
- Governor
- Lieutenant Governor
- Attorney General
- Secretary of State
- Comptroller
- Treasurer
These officers are elected by the electors of the State and hold office for four years, beginning on the second Monday of January after their election. To be eligible for these offices, a person must be a United States citizen, at least 25 years old, and a resident of Illinois for the three years preceding the election. The Governor has the supreme executive power and is responsible for the faithful execution of the laws. The Lieutenant Governor is the second-highest executive and performs the duties and exercises the powers in the Executive Branch that are delegated to them by the Governor. The Attorney General advises the Governor and other state officers and gives written opinions on legal or constitutional matters when requested. The Secretary of State issues licenses to Illinois drivers, registers motor vehicles, and keeps the public records, among other duties. The Comptroller is the state's chief fiscal control officer and is responsible for the legal, efficient, and effective operations of state government.
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Frequently asked questions
The current constitution of Illinois, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", was adopted on December 15, 1970, and came into effect on July 1, 1971. Therefore, as of 2025, it is around 55 years old.
There have been four Illinois Constitutions.
The first Illinois Constitution was drafted in 1818.
The drafting of the first Illinois Constitution was led by 24-year-old Elias Kent Kane, a New York-born attorney.
The 1818 Illinois Constitution was considered very liberal at the time. It allowed all white males who had lived in the state for six months to vote, regardless of their citizenship or property ownership. It also severely limited the powers of the governor and set aside land in each township for schools.
