Simone Lawson
The State of Illinois has had four constitutions to date. The first Illinois Constitution was drafted in 1818, and the current constitution, known as the Constitution of Illinois of 1970 or the 1970 Constitution, has been amended 15 times. The constitution-making process in Illinois has involved constitutional conventions and amendments proposed by voters. Notably, the 1818 Constitution was not submitted to a vote, while the 1862 and 1920 proposed constitutions were rejected by voters.
| Characteristics | Values |
|---|---|
| Number of Illinois Constitutions | 4 |
| First Illinois Constitution | 1818 |
| Date of ratification of the first Illinois Constitution | August 26, 1818 |
| Date of statehood for Illinois | April 18, 1818 |
| Date of signing of the legislation by President James Monroe | December 3, 1818 |
| Succeeding constitutions ratified | 1848, 1870, 1970 |
| Date of adoption of the fourth Illinois Constitution | December 15, 1970 |
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Illinois Constitution Day
The story of Illinois' path to statehood began in a sparsely populated territory, home to Native American tribes, European settlers, and both free and enslaved African American communities. On April 18, 1818, President James Monroe signed the Enabling Act, which outlined the requirements for Illinois to become a state, including the creation of a state constitution. An election for delegates to a state constitutional convention was scheduled for July 6, 1818.
On August 3, 1818, 33 delegates from 15 counties convened at Bennett's Tavern in the territorial capital of Kaskaskia. The convention was presided over by Judge Jesse Thomas, with 24-year-old Elias Kent Kane, a Yale-educated lawyer from New York, serving as the acknowledged leader. Over the course of just three weeks, the delegates drafted, debated, and approved the state's first constitution. The document was not submitted to the people for approval but was celebrated with speeches and the firing of 20 cannon rounds in the capital city.
The 1818 Constitution established a legal framework for Illinois' transition to statehood, including a bicameral legislature, a governor, and a judiciary. It also set forth a division of powers, which has become standard in the U.S., with three distinct branches and a prohibition on any branch exercising the powers reserved for another. The constitution addressed voting rights, granting them to all white males who had resided in the state for at least six months, regardless of citizenship or property ownership. It also set aside land in every township for schools and severely limited the powers of the governor. Notably, the issue of slavery was a point of contention during the constitutional convention, with some arguing that the document did not go far enough to prohibit it.
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1818 Constitution
On April 18, 1818, President James Monroe signed the Enabling Act, which outlined the requirements for Illinois to become a state. One of the requirements was that Illinois had to adopt a state constitution. Following this, an election was scheduled for July 6, 1818, to choose delegates for a state constitutional convention.
On August 3, 1818, 33 delegates convened in the territorial capital of Kaskaskia to start drafting a state constitution. The convention was presided over by Judge Jesse Thomas, who later became one of Illinois' first two US Senators. The acknowledged leader of the convention, however, was 24-year-old Elias Kent Kane, a New York-born Yale graduate and attorney. Kane went on to become Illinois' first Secretary of State and a US Senator.
The delegates approved the new constitution on August 26, 1818. The 1818 Illinois Constitution, modelled after the state constitutions of New York, Kentucky, and Ohio, consisted of eight articles. It was considered very liberal for its time, granting all white males who had lived in the state for six months the right to vote, regardless of citizenship or property ownership. It also significantly curtailed the governor's powers and set aside land in every township for schools.
The 1818 Constitution did not directly address slavery, which was a contentious issue at the time. While the document limited the powers of the governor, it did not go far enough to prohibit slavery, according to 34 members of the House who voted against admitting Illinois to the Union. Nevertheless, both the House and the Senate approved statehood for Illinois, and President Monroe signed the legislation on December 3, 1818.
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1848 Constitution
The Illinois Constitution of 1848 was the second of four constitutions of the state. It was adopted by convention on August 31, 1847, and ratified by popular vote on March 6, 1848. The constitution came into force on April 1, 1848.
The 1848 Constitution made several changes to the state's judiciary. It established a Supreme Court of three judges, with two of the three constituting a quorum. The judges were elected by popular vote, with one judge from each of the state's three divisions (Northern, Central, and Southern) for a term of nine years. The Supreme Court had original jurisdiction in cases of revenue, mandamus, habeas corpus, and impeachment, and appellate jurisdiction in all other cases. It was to convene once annually in each division. The Constitution of 1848 also established nine circuits, with each circuit electing one judge for a six-year term. The Circuit Court was required to hold at least two sessions annually in each county and had jurisdiction in all cases at law and in equity, as well as all cases on appeal from inferior courts. Additionally, the constitution established a County Court in each county, with one County Court judge serving a four-year term.
The 1848 Constitution also made provisions for the election of the governor, secretary of state, auditor, treasurer, and members of the general assembly. The first election of the governor was to be held on the Tuesday after the first Monday in November 1848, with subsequent elections taking place every four years. The first general election for the other positions was to be held on the first Monday of August 1848. County officers elected at this time would hold their offices until their successors were elected or appointed, in conformity with laws enacted after the constitution.
The Constitution of 1848 also established a rural judicial system, which quickly became inadequate due to the state's growth. In 1868, a new constitution was written to accommodate the state's evolving needs, and in 1870, a new constitution was adopted.
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1870 Constitution
The 1870 Constitution of Illinois was adopted in convention on May 13, 1870, ratified by a vote of the people on July 2, 1870, and came into force on August 8, 1870. It was amended in 1878.
The 1870 Constitution spelled out a new judicial system in Article VI. The Supreme Court was to be composed of seven judges, with terms of office lasting nine years. Four judges constituted a quorum, and the concurrence of four was necessary for a decision. The state was divided into seven districts for the election of Supreme Court judges. The Court was also given the authority to make rules regulating the practice for the judiciary in Illinois.
The 1870 Constitution, combined with Article VI, Section 11, provided for the establishment of an Appellate Court. This marked the development of the Supreme Court as a body established for initiating, improving, and interpreting the laws of Illinois. The Constitution provided for the establishment of an Appellate Court by the General Assembly after 1874. Four such courts were established in 1877, in Cook County, the rest of the Northern Division, the Central Division, and the Southern Division.
The 1870 Constitution also provided for County Courts in each county. One judge was to be elected to this position for a four-year term. The General Assembly could create a district of two or more counties under the jurisdiction of one judge if it was deemed expedient.
Additionally, the 1870 Constitution and subsequent legislation in 1877 and 1881 established Probate Courts in counties where the population exceeded 70,000. In 1903, an act of the General Assembly provided that probate judges and county judges could hold court for each other and perform each other's duties.
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1970 Constitution
The 1970 Constitution, also known as the "Constitution of Illinois of 1970", is the fourth and current version of the Illinois Constitution. It was ratified on December 15, 1970, and has been amended multiple times since.
The 1970 Constitution has a preamble and 14 articles. The preamble expresses gratitude to Almighty God for civil, political, and religious liberty, and seeks His blessing in maintaining a representative and orderly government, eliminating poverty and inequality, assuring various civil liberties, providing for the common defence, and securing the blessings of freedom and liberty for the people of Illinois.
The 1970 Constitution includes provisions similar to those in the United States Bill of Rights, such as freedom of religion, speech, and assembly. Additionally, it contains items not included in the United States Constitution, such as prohibiting discrimination based on sex (Section 18) and physical or mental handicaps (Section 19). The constitution also describes the division of powers into executive, legislative, and judicial branches, and outlines voting qualifications, disqualifications, and other election rules. For instance, Section 1 stipulates that voters must be 18 years old and residents of the state for 30 days, while Section 5 establishes rules for the state board of elections, requiring that no single political party holds a majority.
Another important feature of the 1970 Constitution is the creation of home rule powers for larger municipalities and other units of local government. This grants them the authority to make local improvements, levy taxes for special services, and exercise other powers granted by law. The constitution also provides procedures for amending it, including requiring that Illinois voters be asked at least every 20 years if they desire a constitutional convention.
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Frequently asked questions
Illinois has had four constitutions to date:
- The first Illinois Constitution was ratified on August 26, 1818.
- The second was ratified in 1848.
- The third was ratified in 1870.
- The fourth, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", was ratified on December 15, 1970.
The 1970 Constitution has a preamble and 14 articles. It includes provisions similar to the United States Bill of Rights, such as freedom of religion, freedom of speech, and freedom of assembly. It also contains items not included in the United States Constitution, such as the prohibition of discrimination based on sex or physical/mental handicaps.
The 1818 Constitution was Illinois' first state constitution, marking the state's journey towards statehood. It provided a simple governmental structure with a bicameral legislature, a governor, and a judiciary. It also set out the division of powers, which has become standard in the U.S., with three distinct branches and a prohibition on any branch exercising the powers reserved for another.
Illinois voters are asked at least every 20 years if they desire a constitutional convention. However, measures for a convention in 1988 and 2008 were defeated by wide margins.
