Illinois Constitution: Patterned After Which Document?

The Illinois Constitution is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the most recent one, the 1970 Constitution, being ratified in 1970 and coming into effect in 1971. The 1818 Illinois Constitution, the first of the four, was modelled after the state constitutions of New York, Kentucky, and Ohio.

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The Illinois Constitution of 1970

The 1970 Constitution was preceded by three earlier constitutions, ratified in 1818, 1848, and 1870, respectively. The 1818 Constitution was modelled after the state constitutions of New York, Kentucky, and Ohio. It consisted of eight articles and was drafted by 33 delegates, led by 24-year-old Elias Kent Kane, who later became Illinois' first Secretary of State and a United States Senator.

The constitution contains provisions similar to those in the United States Bill of Rights, such as freedom of religion, freedom of speech, and freedom of assembly. Additionally, it includes provisions not found in the United States Constitution, such as Section 18, which prohibits discrimination based on sex, and Section 19, which prohibits discrimination based on physical or mental handicaps.

The 1818 Illinois Constitution

The 1818 Constitution was modelled after the state constitutions of New York, Kentucky, and Ohio. It was considered very liberal for its time, granting all white males who had lived in the state for at least six months the right to vote, with no property restrictions or US citizenship requirements. Notably, it also severely limited the governor's powers and set aside land in every township for schools.

The constitution was approved by the delegates on August 26, 1818, and it consisted of eight articles. It is available at the Illinois State Archives as part of the Secretary of State Record Series 103.012, "First Constitution of Illinois."

One of the key provisions of the 1818 Illinois Constitution was the establishment of a judicial system, as outlined in Article IV. It established a Supreme Court comprising four judges, with three judges constituting a quorum. The judges were appointed by the General Assembly and could be removed by a two-thirds vote of the same body. The first Supreme Court judges rode circuit until their term expired in 1824. The court had appellate jurisdiction, except in cases of revenue, mandamus, habeas corpus, and impeachment.

Additionally, the 1818 Constitution provided for the creation of Circuit Courts, which were courts of inferior jurisdiction established by the General Assembly. Justices of the Peace Courts were also established on a county basis by the General Assembly in 1819 and reorganised in 1827. These courts had jurisdiction over civil suits for debt and demand up to a certain amount, as well as criminal cases involving assaults, battery, affrays, and larceny committed by individuals of African descent, whether slave or free.

The Copperhead Constitution

The Illinois Constitution is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the most recent version adopted in 1970. The 1818 State Constitution, the first of the four, was modelled after the state constitutions of New York, Kentucky, and Ohio.

In 1862, a constitutional convention was held, and changes known as the "Copperhead Constitution" were proposed. However, these changes were not ratified by the voters. The Copperhead Constitution was likely influenced by the state constitutions of New York, Kentucky, and Ohio, given the timing of its proposal shortly after the 1818 State Constitution.

While the specific details of the Copperhead Constitution are not readily available, it is reasonable to assume that it included provisions that reflected the political climate and priorities of the time. The 1860s was a period of great turmoil and change in Illinois, with the state deeply divided over issues such as slavery and states' rights, and navigating the aftermath of the Civil War.

It is important to note that the Copperhead movement in Illinois during the Civil War era was associated with opposition to the war and sympathy for the Confederacy. The term "Copperhead" was used to describe Northern Democrats who were critical of Abraham Lincoln's administration and the prosecution of the war. Thus, the Copperhead Constitution may have reflected some of these political sentiments and ideologies.

Ultimately, the voters of Illinois rejected the Copperhead Constitution, opting instead to maintain the existing 1818 State Constitution. This rejection could be indicative of the populace's satisfaction with the existing framework or their reluctance to adopt changes that may have been perceived as too radical or divisive.

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The 1920 Constitution

The Illinois Constitution of 1970, also known as the "1970 Constitution", is the governing document of the state of Illinois and 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 1970 Constitution includes a preamble and 14 articles, with important features such as the creation of home rule powers for larger municipalities and other units of local government.

The Illinois Constitution has undergone several revisions throughout its history, with the first state constitution being drafted in 1818. This initial constitution was modelled after the state constitutions of New York, Kentucky, and Ohio. In 1848, 1870, and 1970, succeeding constitutions were ratified. A constitutional convention was held in 1920, but the proposed changes were rejected by voters in 1922.

The 1920 proposed constitution, although ultimately unsuccessful, represented an important step in the evolution of Illinois' governance. It addressed a range of issues and reflected the state's political and social climate at the time. While the specific details of the proposed changes are not readily available, we can infer from the broader context of the era some of the key considerations that may have been addressed.

The early 20th century in Illinois was marked by significant social and economic changes. The state was undergoing rapid industrialization, urbanization, and an influx of immigrants, all of which presented new challenges and opportunities. Issues such as labor rights, urbanization, and the role of government in regulating these changes may have been central to the proposed constitution. Additionally, the Progressive Era's ideals, which emphasized good governance, social welfare, and addressing inequalities, likely influenced the document.

Moreover, the 1920s witnessed the rise of the women's suffrage movement and a growing push for civil rights. While Illinois had granted women the right to vote in 1913, the decade that followed saw continued efforts to advance women's rights and address gender inequalities. The proposed constitution may have reflected these evolving societal attitudes and included provisions to promote gender equality and expand political participation.

In conclusion, while the specific provisions of the 1920 Illinois Constitution were not adopted, it represented a significant moment in the state's political history. It served as a platform for discussing and addressing the social, economic, and political issues of the time, and it set the stage for future constitutional reforms that would shape Illinois' governance and protect the rights of its citizens.

The Enabling Act

On April 18, 1818, President James Monroe signed the Enabling Act, which outlined the requirements for Illinois to become a state. One of the key requirements was that Illinois needed to adopt a state constitution. This led to the election of 33 delegates, who convened in Kaskaskia, the territorial capital, on August 3, 1818, to start drafting the constitution. The convention was presided over by Judge Jesse Thomas, who later became one of Illinois' first two US Senators. However, the driving force behind the convention was the 24-year-old Yale graduate and New York-born attorney, Elias Kent Kane, who went on to become Illinois' first Secretary of State and a US Senator.

The 1818 Illinois Constitution, also known as the “First Constitution of Illinois," was modelled after the state constitutions of New York, Kentucky, and Ohio. It was considered liberal for its time, granting voting rights to all white males who had resided in the state for at least six months, regardless of their citizenship status or property ownership. Notably, the document also significantly curtailed the governor's powers and set aside land in each township for schools.

The 1818 Constitution was not put to a vote but came into force when Congress approved Illinois' statehood. Despite opposition from some members of Congress who believed the document did not sufficiently address slavery, Illinois was admitted to the Union, and President Monroe signed the legislation on December 3, 1818.

Since its inception, Illinois has had four state constitutions. The second constitution was ratified in 1848, followed by another in 1870. The current and fourth constitution was ratified in 1970 and came into effect on July 1, 1971, though some provisions were implemented gradually over several years. This latest iteration includes a preamble and 14 articles, with notable features such as the establishment of home rule powers for larger municipalities and other local government units.

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