Omar Bennett
The current Illinois Constitution, also known as the Constitution of Illinois of 1970 or the 1970 Constitution, was ratified by special election on December 15, 1970, and came into effect on July 1, 1971. This was the fourth version of the Illinois Constitution, with previous constitutions ratified in 1848, 1870, and 1970. The Illinois Constitution is the governing document of the state and includes a preamble and 14 articles.
| Characteristics | Values |
|---|---|
| Current Illinois Constitution | Constitution of Illinois of 1970 |
| Previous Illinois Constitutions | 1848, 1870 |
| Date Adopted | December 15, 1970 |
| Date Effective | July 1, 1971 |
| Number of Versions | 4 |
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What You'll Learn
- The fourth Illinois Constitution was ratified in 1970
- The Illinois Constitution outlines rules for the six state-elected offices
- The Illinois Constitution includes a Bill of Rights
- The Illinois Constitution has been amended since 1970
- The Illinois Constitution was preceded by two failed attempts at ratification
The fourth Illinois Constitution was ratified in 1970
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", is the fourth iteration of the state's governing document. It was ratified by a special election on December 15, 1970, and came into effect on July 1, 1971.
The history of the Illinois Constitution dates back to the state's early days. When Illinois became a state in 1818, the US Congress approved the formation of a state constitution. The first Illinois Constitution was ratified in 1818, with subsequent versions ratified in 1848 and 1870. The 1870 Constitution was adopted in May and ratified by the people of Illinois in July of the same year.
The state's constitution has been amended and updated several times since its inception. There were attempts to make changes in 1862 and 1922, but these were not ratified by voters. The most recent Illinois Constitutional Convention was convened in 1969 and concluded in 1970, resulting in the current version of the constitution.
The 1970 Constitution has a preamble and 14 articles. It includes important features such as the creation of home rule powers for larger municipalities and other units of local government. It also contains provisions not included in the US Constitution, such as prohibitions against discrimination based on sex.
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The Illinois Constitution outlines rules for the six state-elected offices
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", was ratified in 1970 and went into effect on July 1, 1971. It is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Article V of the Illinois Constitution, titled "The Executive", outlines the rules for the six state-elected offices. These offices include:
- The Illinois Governor
- The Illinois Lieutenant Governor
- The Illinois Attorney General
- The Illinois Secretary of State
- The Illinois Comptroller
- The Illinois Treasurer
The six state-elected officials of the Executive Branch are elected by the electors of the state and are required to maintain a residence at the seat of government during their terms of office. They hold office for four years, beginning on the second Monday of January after their election.
To be eligible to hold one of these six offices, a person must be a United States citizen, at least 25 years old, and a resident of Illinois for the three years preceding their election. In the general election for Governor and Lieutenant Governor, one joint vote is cast for the candidates nominated by the same political party or petition.
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The Illinois Constitution includes a Bill of Rights
The current Illinois Constitution, which includes a Bill of Rights, was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971. The Bill of Rights, outlined in Article I of the Illinois Constitution, contains similar provisions to the United States Bill of Rights, including freedom of religion, speech, and assembly, as well as the right to due process and protection against double jeopardy.
Article I, Section 1 of the Illinois Constitution states that "All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness." This section emphasizes the fundamental rights and freedoms that are inherent to all individuals.
The Illinois Constitution also includes provisions that are unique compared to the United States Constitution. For example, Section 18 of the Illinois Constitution prohibits discrimination based on sex, while Section 19 prohibits discrimination based on physical or mental handicaps. Additionally, the Illinois Constitution grants each person the "right to a healthful environment," setting it as a public policy and the duty of individuals to maintain a healthy environment.
The Illinois Constitution outlines the structure and functions of the state government, including the executive, legislative, and judicial branches. It establishes the rules for the Illinois General Assembly, voting qualifications, and election procedures. It also provides for the creation of home rule powers for larger municipalities and other units of local government, giving them greater autonomy in decision-making.
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The Illinois Constitution has been amended since 1970
The current Illinois Constitution, also known as the "Constitution of Illinois of 1970" or the "1970 Constitution", was adopted in 1970 and has been amended 15 times since then. The state of Illinois has had four constitutions, with the fourth and latest version being ratified by special election on December 15, 1970, and coming into effect on July 1, 1971.
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. An example of the legislative process can be seen in the amendment adopted at the general election on November 8, 1994, which states that a "bill passed after May 31 shall not become effective prior to June 1 of the next calendar year unless three-fifths of the members elected to each house provide for an earlier date".
The citizen-initiated process, also known as an initiated constitutional amendment, allows citizens to initiate constitutional amendments. However, this process can only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. In Illinois, the number of signatures required for an initiated constitutional amendment is 8% of the votes cast for the governor in the previous gubernatorial election. All amendments, regardless of the process, must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
The Illinois Constitution has a preamble and 14 articles. Important features of the 1970 Constitution include the creation of home rule powers for larger municipalities and other units of local government. Additionally, Article I of the Illinois Constitution is titled "Bill of Rights" and contains provisions similar to the United States Bill of Rights, such as freedom of religion, speech, and assembly, as well as the right to due process without double jeopardy.
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The Illinois Constitution was preceded by two failed attempts at ratification
The current Illinois Constitution, which was adopted in 1970, was actually the state's third attempt at writing a new constitution in a period of just over a decade. The process of updating the state's governing document began in earnest in the early 1960s, as it was recognized that the existing constitution, adopted in 1870, was outdated and inadequate for the needs of a modern state. However, the path to a new constitution was not without its challenges and setbacks. The first attempt at a new constitution was in 1968, when a proposed document was drafted by a constitutional convention and put before the voters for ratification. However, this initial effort failed, as voters rejected the proposed constitution by a margin of 65% to 35%.
This rejection was due in part to a number of controversial provisions included in the proposed document, such as a provision that would have made the state's governor subject to recall elections. In addition, the proposed constitution would have made significant changes to the structure and organization of the state's court system, which proved to be unpopular with voters. Following this defeat, a second attempt was made in 1969. This time, the proposed constitution was drafted by a different group of delegates, who sought to address some of the concerns that had been raised about the previous document.
However, this second proposed constitution also failed to gain support from voters, losing by an even wider margin than the first. One of the main issues with this document was that it was seen as too lengthy and complex, making it difficult for voters to understand the proposed changes. In addition, there were concerns that the constitution gave too much power to the state legislature at the expense of other branches of government. After this second failed attempt, a new constitutional convention was convened in 1970, with delegates determined to learn from the mistakes of their predecessors. This time, the process of drafting a new constitution involved extensive public input and a strong focus on keeping the document clear and concise.
The result was a proposed constitution that was much better received by the public, and which was ultimately ratified by the voters in November 1970, becoming the state's current governing document. While the path to its adoption was not without challenges, the Illinois Constitution of 1970 has proven to be a durable and effective framework for state governance, reflecting the values and priorities of Illinois's citizens.
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Frequently asked questions
The current Illinois Constitution was written in 1970.
There have been four Illinois Constitutions.
The first Illinois Constitution was ratified in 1848.
The Illinois Constitution before the current one was ratified in 1870.
