Jonah Patel
The first Illinois Constitution was adopted in 1818. It was drafted by 33 delegates who met in the territorial capital of Kaskaskia on August 3, 1818, and was approved on August 26, 1818. The constitution was modelled after the state constitutions of New York, Kentucky, and Ohio, and consisted of eight articles. It addressed the judicial system and voting rights, among other topics. There have been four Illinois Constitutions in total, with the fourth and current version adopted in 1970.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 August 1818 |
| Date Illinois became a state | 3 December 1818 |
| Number of delegates | 33 |
| Location | Kaskaskia |
| Number of articles | 8 |
| Voting rights | All white males who had lived in the state for six months |
| Subsequent constitutions | 1848, 1870, 1970 |
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What You'll Learn
The first Illinois Constitution was adopted in 1818
The 1818 Illinois Constitution was modelled after the state constitutions of New York, Kentucky, and Ohio. It consisted of eight articles and was considered very liberal for its time. Notably, it granted all white males who had resided in the state for at least six months the right to vote, without any property restrictions or requirements to be US citizens. This constitution also severely limited the governor's powers and set aside land in each township for schools.
The text of the first Illinois Constitution is available through the Illinois State Historical Society. It is one of four state constitutions that Illinois has had. The succeeding constitutions were ratified in 1848, 1870, and 1970. The current and historical Illinois State Constitutions are available online through the Western Illinois University Libraries, Illinois State Library, and other libraries in the state.
The 1848 constitution was drafted due to the judicial inadequacy caused by the General Assembly's power to appoint and remove all judges, including Supreme Court judges. The 1818 constitution established Justices of the Peace Courts on a county basis, which had jurisdiction over civil suits for debt and demand not exceeding $100, and criminal cases involving assaults, battery, affrays, and larceny committed by Negroes (slave or free).
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It was considered liberal for its time
The first Illinois Constitution was adopted on August 26, 1818, and it was considered liberal for its time. This is because it allowed all white males who had lived in the state for six months the right to vote, without any property restrictions or requirements that they be US citizens. This was a significant expansion of voting rights, as previously only white male US citizens who met certain property qualifications were permitted to vote.
The 1818 Constitution also severely limited the powers of the governor and set aside land in every township for schools. It consisted of eight articles and was modelled after the state constitutions of New York, Kentucky, and Ohio. 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 choose the right representatives to frame it.
The delegates who drafted the first Illinois Constitution were elected at an election scheduled for July 6, 1818, after Illinois statehood was approved by the US Congress on April 18, 1818. President James Monroe signed the legislation, known as the Enabling Act, which outlined the requirements for Illinois to become a state, including passing a state constitution. 33 delegates, led by 24-year-old Elias Kent Kane, met in Kaskaskia on August 3, 1818, to begin drafting the constitution, which was approved on August 26.
The 1818 Constitution was not submitted to the voters but became operative when Congress approved statehood on December 3, 1818. In Congress, 34 members of the House voted against admitting Illinois as a state because they believed the Constitution did not sufficiently prohibit slavery. Nevertheless, both the House and the Senate approved statehood, and Illinois became the 21st state to join the Union.
The 1818 Constitution was replaced by subsequent constitutions ratified in 1848, 1870, and 1970. The current Illinois Constitution, referred to as the "1970 Constitution," was adopted on December 15, 1970, and includes a bill of rights similar to the US Bill of Rights, as well as provisions unique to Illinois, such as prohibiting discrimination based on sex or physical and mental handicaps.
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It was modelled after the constitutions of New York, Kentucky and Ohio
The first Illinois Constitution was adopted on December 15, 1970, at a special election. This was the fourth Illinois Constitution, succeeding constitutions having been ratified in 1848, 1870, and 1970. The first Illinois Constitution was modelled after the constitutions of New York, Kentucky, and Ohio. The constitutions of these three states would have been among the newest in the United States at the time, and so provided the most modern examples for the framers of the Illinois Constitution to draw upon.
The constitutions of New York, Kentucky, and Ohio were all adopted in the decades preceding the first Illinois Constitution. New York adopted its first constitution in 1777, with subsequent versions being adopted in 1821, 1846, and 1894. Kentucky adopted its first constitution in 1792, with a second following in 1799, while Ohio's first constitution was adopted in 1802, with subsequent versions being adopted in 1851 and 1912.
The process of adopting the first Illinois Constitution began in 1818, when Illinois was approved for statehood by the U.S. Congress, which also approved the formation of a state constitution. An election for delegates to a state constitutional convention was scheduled for July 6, 1818. The records of this first constitutional convention, along with the text of the first constitution, are available online through the Illinois State Historical Society.
The main topics of the election that led to the first Illinois Constitution were whether it was sensible to have a constitution at that time and, if so, how to form it and 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. The delegates elected were to attend a meeting at Kaskaskia on August 3, though the location of the subsequent meeting is uncertain.
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It was drafted by 33 delegates
The first Illinois Constitution was drafted by 33 delegates in 1818. This was after President James Monroe signed the Enabling Act, which outlined the requirements for Illinois to become a state. One of these requirements was that Illinois needed to adopt a state Constitution.
An election for delegates to a state constitutional convention was scheduled for July 6, 1818. The delegates met in the territorial capital of Kaskaskia on August 3, 1818, to start drafting the Constitution. Judge Jesse Thomas, who later became one of Illinois' first two US Senators, served as the convention's president. However, the acknowledged leader of the convention was 24-year-old Elias Kent Kane, a New York-born attorney and Yale graduate. Kane went on to become Illinois' first Secretary of State and a US Senator from Illinois.
The delegates approved the new Constitution on August 26, 1818. The 1818 State Constitution was modelled on the state constitutions of New York, Kentucky, and Ohio. It consisted of eight articles and was considered very liberal for its time. It granted all white males who had resided in the state for at least six months the right to vote, without any property restrictions or US citizenship requirements.
The 1818 Constitution also severely limited the governor's powers and set aside land in every township for schools. Notably, it did not include any provisions to prohibit slavery. This was a point of contention, with 34 members of the House voting against admitting Illinois to the Union because they believed the Constitution did not go far enough to abolish slavery. Despite this, both the House and the Senate approved statehood for Illinois, and President Monroe signed the legislation on December 3, 1818.
Since the first Constitution of 1818, Illinois has had three other state Constitutions. The subsequent Constitutions were ratified in 1848, 1870, and 1970. The current Constitution, known as the "Constitution of Illinois of 1970" or the "1970 Constitution," was adopted on December 15, 1970, and remains in effect today, with amendments made after 1970.
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It was ratified in 1848
The first Illinois Constitution was adopted in 1818. However, a new constitution was ratified in 1848, becoming the second Illinois Constitution. This was due to the inadequacy of the previous constitution, particularly regarding the judicial system. The 1818 Constitution gave the General Assembly the power to appoint and remove judges, including Supreme Court judges, which prevented an independent judicial system from taking root in Illinois. The 1848 Constitution aimed to address this issue and make further changes to the state's governing document.
The 1848 Constitution was the second of four Illinois Constitutions, with the fourth and current version being adopted in 1970. The process of drafting the 1848 Constitution was motivated by the need to establish a more effective and independent judiciary in the state. The previous constitution, which was adopted in 1818, had granted the General Assembly significant control over judicial appointments and removals, hindering the development of a stable and impartial judicial system.
The 1818 Constitution, Illinois' first, was considered liberal for its time. It granted all white males who had resided in the state for at least six months the right to vote, without any property restrictions or U.S. citizenship requirements. Additionally, it limited the powers of the governor and designated land in each township for schools. However, it faced criticism for not adequately addressing the issue of slavery, with 34 members of the House voting against admitting Illinois to the Union for this reason.
The 1848 Constitution built upon the foundation established by the 1818 document, making revisions to address the shortcomings of the earlier version. While the specifics of the changes enacted in the 1848 Constitution are not readily available, it is clear that this constitution played a pivotal role in shaping the governance of Illinois and addressing the pressing issues of the time, particularly those related to the judiciary.
In summary, while the first Illinois Constitution was adopted in 1818, the subsequent ratification of the 1848 Constitution demonstrated the state's commitment to refining its governing principles and adapting them to the evolving needs and challenges faced by its citizens. This iterative process of constitutional development continued in Illinois, with further constitutions ratified in 1870 and 1970, each building upon the lessons learned from its predecessors.
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Frequently asked questions
The first Illinois Constitution was adopted on August 26, 1818.
The 1818 Constitution was considered very liberal at the time as it allowed all white males who had lived in the state for six months the right to vote, with no property restrictions and no requirement that they be U.S. citizens. It also severely limited the powers of the governor and set aside land in every township for schools.
There have been four Illinois Constitutions in total. Succeeding constitutions were ratified in 1848, 1870, and 1970.
