Omar Bennett
The Illinois Constitution is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth and current version—formally referred to as the Constitution of Illinois of 1970 or the '1970 Constitution'—being ratified in 1970 and taking effect on July 1, 1971. The 1970 Constitution has a preamble and 14 articles, with important features including the creation of home rule powers for larger municipalities and other units of local government. The document also includes provisions similar to the United States Bill of Rights, such as freedom of religion, freedom of speech, and freedom of assembly.
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What You'll Learn
Illinois Constitution history
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, the "Constitution of Illinois of 1970" or the "1970 Constitution", adopted in 1970.
The first Illinois Constitution was formed in 1818 when statehood for Illinois was approved by the US Congress on April 18, 1818. An election for delegates to a state constitutional convention was scheduled for July 6, 1818. All white male US citizens who had resided in the Illinois Territory for at least six months prior to the election, or who were otherwise qualified to vote for representation, 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, whether to form it and how to select appropriate representatives to frame it. Madison, St. Clair, and Gallatin counties were allocated three delegates each, while all other counties were allocated two delegates each. Delegates elected were to attend a meeting at Kaskaskia on August 3. Any record of this election has been lost and it is uncertain where the subsequent meeting was held. However, John Reynolds later noted that the meeting was largely peaceful although there were questions about how to handle slavery.
Succeeding constitutions were ratified in 1848, 1870, and 1970. In 1862, a constitutional convention was held, but the changes known as the "Copperhead Constitution" were not ratified by the voters. A constitutional convention was also held in 1920, but the changes were rejected by voters in 1922. The Sixth Illinois Constitutional Convention, which led to the current constitution, convened on December 8, 1969, and concluded on September 3, 1970. The resulting fourth version of the Illinois 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 for several years.
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The 1970 Constitution
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 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 14 articles of the 1970 Constitution cover a range of topics, including:
- Powers of the State: This article separates the state government into the executive, legislative, and judicial branches.
- Suffrage and Elections: This article describes voting qualifications and other election rules.
- The Legislature: This article provides rules for the Illinois General Assembly.
- The Executive: This article outlines the rules governing the six state-elected offices, including the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.
- The Judiciary: This article vests the power of the judiciary branch into three courts: the Supreme Court of Illinois, the Illinois Appellate Court, and the circuit or trial courts of Illinois.
- Local Government: This article outlines the governing structure and power of county, township, and city governments.
- Finance: This article covers the financial matters of the state.
- Revenue: This article establishes the state's revenue power.
- Education: This article establishes the state's public school system.
- Environment: This article outlines the state's duty to provide and maintain a healthful environment and grants each person the "right to a healthful environment."
- Militia: This article establishes rules for the state militia and authorizes the Governor of Illinois as the commander-in-chief of the militia.
- General Provisions: This article establishes rules governing running for public office, pension and retirement rights, and public transportation.
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Constitutional conventions
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.
The first Illinois Constitution was adopted in 1818 when Illinois was admitted to the Union. Since then, there have been several attempts to revise the constitution through constitutional conventions. In 1862, a constitutional convention was held, but the proposed changes, known as the "Copperhead Constitution," were not ratified by the voters. Similarly, in 1920, a constitutional convention was convened, but the changes were rejected by voters in 1922. The most recent attempt to hold a constitutional convention was in 2008, but the ballot measure failed with 67% of voters against it.
The current Illinois Constitution, referred to as the "1970 Constitution," was drafted by the Sixth Illinois Constitutional Convention, which convened on December 8, 1969, and concluded on September 3, 1970. This version of the constitution was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971.
The 1970 Constitution includes a preamble and 14 articles. It outlines important features such as the creation of home rule powers for larger municipalities and local governments. It also includes provisions similar to the United States Bill of Rights, guaranteeing freedoms of religion, speech, and assembly for the people of Illinois.
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State militia
The Illinois Constitution is the governing document of the State of Illinois. The current version, the fourth iteration, was adopted in 1970 and is referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution".
The State Militia, as defined in the Illinois Constitution, is comprised of all able-bodied persons residing in the state, except for those who are exempted by law. The militia is placed under the authority of the civil power, with the Governor acting as the commander-in-chief. The Governor may call upon the militia to enforce laws, suppress insurrection, or repel invasion.
The General Assembly is responsible for providing laws governing the organisation, equipment, and discipline of the militia, ensuring that these laws conform to those of the armed forces of the United States. This includes the commissioning of militia officers, who are appointed by the Governor and hold their positions for a duration determined by law.
The State Militia is a critical component of Illinois' ability to provide for the common defence and maintain peace within the state. It ensures that the state has the necessary resources and manpower to address internal and external threats, protecting the safety and welfare of its citizens.
The Illinois Constitution's provisions regarding the State Militia reflect the state's commitment to maintaining a well-regulated and effective defence force, while also ensuring that the militia operates within a framework that respects civil authority and upholds the rights and liberties of the people of Illinois.
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County boards
The Illinois Constitution has been ratified four times, with the fourth and most recent version being adopted in 1970. This version of the constitution includes provisions for county boards.
The Illinois Constitution stipulates that a county board shall be elected in each county. The number of members of the county board is to be determined by ordinance in each county, within the limitations provided by law. The General Assembly is responsible for providing methods for the election of county board members, which must be accessible to all counties.
No county other than Cook County may change its method of electing board members without approval by a county-wide referendum. Members of the Cook County Board are to be elected from two districts, Chicago and the part of Cook County outside Chicago, unless a different method is approved by a majority of votes cast in a county-wide referendum, or the Cook County Board divides the county into single-member districts, from which board members resident in each district are elected.
The constitution also outlines the duties and powers of county boards. They may establish goals, determine policies, provide for planning and evaluating education programs, and recommend financing.
Amendments
The Illinois Constitution includes procedures for amending the document. Section 1 describes the rules for constitutional conventions, requiring that Illinois voters be asked at least every 20 years if they desire a constitutional convention. The constitution can also be amended through a different process, as outlined in the Transition Schedule. Each year, the Attorney General reviews the Schedule Provisions and certifies to the Secretary of State which, if any, have been executed. Any provisions so certified are then removed from the Schedule and are no longer published as part of the Constitution.
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Frequently asked questions
The Illinois Constitution has three distinct parts: the preamble, the articles, and the schedule provisions.
The preamble of the Illinois Constitution, also known as the "Constitution of Illinois of 1970", sets out the intentions and goals of the document. It begins with: "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."
There are 14 articles in the Illinois Constitution, each covering a different aspect of governance.
The articles cover a wide range of topics, including:
- Powers of the State (Article II)
- Suffrage and Elections (Article III)
- The Legislature (Article IV)
- The Executive (Article V)
- The Judiciary (Article VI)
- Local Government (Article VII)
- Finance (Article VIII)
- Revenue (Article IX)
- Education (Article X)
- Environment (Article XI)
- Militia (Article XII)
The Schedule Provisions are temporary parts of the Constitution that remain until their terms have been executed. They are reviewed annually by the Attorney General, who certifies to the Secretary of State which provisions, if any, have been executed. Once certified, these provisions are removed from the Schedule and are no longer published as part of the Constitution.
