Malcolm Rivera
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 being ratified in 1970 and going into effect in 1971. The first Illinois Constitution was written in 1818, after President James Monroe signed the Enabling Act, which laid out the requirements for Illinois to become a state, including the passing of a state Constitution.
| Characteristics | Values |
|---|---|
| Date written | April 18, 1818 |
| Purpose | To meet the requirements for Illinois to become a state |
| Number of articles | Eight |
| Voting rights | All white males who had lived in the state for six months could vote with no property restrictions and no requirement that they be U.S. citizens |
| Judicial system | Established a Supreme Court of four judges, with 3 of the 4 judges constituting a quorum |
| Amendments | Contains procedures for amending the constitution, including rules for constitutional conventions |
| Ratification | The 1818 Constitution was ratified by Congress on December 3, 1818; the 1970 Constitution was ratified by special election on December 15, 1970 |
| Number of versions | Four |
| Powers of governor | The 1818 Constitution severely limited the powers of the governor |
| Land allocation | Set aside land in every township for schools |
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What You'll Learn
Illinois' statehood requirements
Illinois's path to statehood began in January 1818 when it petitioned for statehood. This request was presented in the House of Representatives by Nathanial Pope, Delegate from Illinois Territory, on January 16, 1818. 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. One of the key requirements was for Illinois to draft and adopt a state constitution.
Following the Enabling Act, an election was held in July 1818, to elect representatives for a constitutional convention. 33 delegates, led by 24-year-old Elias Kent Kane, convened in Kaskaskia, the territorial capital, on August 3, 1818, to start drafting the constitution. The 1818 State Constitution, modelled after the constitutions of New York, Kentucky, and Ohio, consisted of eight articles. It was considered liberal for its time, granting all white males who had lived in the state for six months the right to vote, regardless of their citizenship or property ownership status. Additionally, the constitution restricted the governor's powers and designated land in each township for schools.
On August 26, 1818, the delegates approved the new constitution. Subsequently, on November 19, 1818, the Constitution of the State of Illinois was presented to the House of Representatives and referred to a select committee. The House passed a resolution declaring Illinois's admission to the Union, which was then considered by the Senate starting on November 27, 1818. On November 30, the Senate ordered a third reading of the resolution, and on December 3, 1818, President James Monroe signed the legislation admitting Illinois as the 21st state of the Union.
It is worth noting that 34 members of the House initially voted against admitting Illinois as a state, expressing concerns that the Constitution did not sufficiently prohibit slavery. However, both the House and the Senate ultimately approved statehood.
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Voting rights
The Illinois Constitution of 1818 was the first of four state constitutions. It was drafted by 33 delegates, including Judge Jesse Thomas and Elias Kent Kane, who served as the convention's leader. The 1818 Constitution was modelled on the state constitutions of New York, Kentucky, and Ohio and consisted of eight articles.
The 1818 Constitution was considered liberal for its time, as it granted all white males who had lived in the state for six months the right to vote, regardless of their citizenship status or property ownership. This was a significant expansion of voting rights compared to other states at the time. The Constitution also severely limited the powers of the governor and set aside land in every township for schools.
However, it's important to note that the 1818 Constitution did not address the issue of slavery, which was a contentious topic during the drafting process. Despite this, Illinois was admitted to the Union, and the Constitution became operative when Congress approved statehood.
The current Illinois Constitution, referred to as the "1970 Constitution", is the fourth and most recent version. It was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971. This Constitution includes a preamble and 14 articles.
The 1970 Constitution contains specific provisions regarding voting rights and election rules. Section 1 stipulates that individuals must be 18 years old and residents of the state for 30 days to be eligible to vote. Section 4 authorises the Illinois General Assembly to establish rules for elections, while Section 5 establishes guidelines for the composition of the state board of elections, mandating that no single political party has a majority on the board.
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Judicial system
The Illinois Constitution of 1818 established a Supreme Court consisting of four judges, with three judges forming a quorum. The first set of Supreme Court judges rode circuit until their term expired in 1824. All subsequent judicial appointments were based on good behaviour, and the judges enjoyed security of tenure. The Supreme Court had appellate jurisdiction, except in cases of revenue, mandamus, habeas corpus, and impeachment. The judges were appointed and could be removed by a two-thirds vote of the General Assembly, which had the power to create courts of inferior jurisdiction, known as Circuit Courts.
The Circuit Courts were presided over by judges with original jurisdiction in their respective circuits over all civil matters and in chancery where the debt or demand exceeded $20. They also had jurisdiction over all cases of treason, other felonies, and misdemeanours. By 1838, there were nine Circuit Courts and nine Circuit Court judges in Illinois. However, in 1841, the Circuit Courts were legislated out of existence, and five new Supreme Court judges were appointed to supplement the existing four, with the enlarged Supreme Court taking on Circuit Court duties. This system remained in place until the adoption of the second Illinois Constitution in 1848, which addressed the issue of judicial inadequacy.
In addition to the Supreme and Circuit Courts, the 1818 Constitution also provided for the establishment of Justices of the Peace Courts on a county basis by the General Assembly in 1819. These courts had jurisdiction over civil suits for debt and demand not exceeding $100 and forcible entry and detainer cases within their respective counties. In criminal matters, they had primary jurisdiction over assaults, battery, affrays, and larceny committed by individuals of African descent, whether enslaved or free.
The Illinois Constitution has been amended several times since its inception, with the current version, referred to as the "1970 Constitution," being the fourth iteration. This version includes provisions for the division of powers into executive, legislative, and judicial branches, as well as rules governing voting qualifications, disqualifications, and election procedures.
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Constitutional conventions
The Illinois Constitution has been re-written four times, with the fourth and current version being adopted in 1970.
The first Illinois Constitution was drafted in 1818, 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 had to pass a state Constitution. An election for delegates to a state constitutional convention was scheduled for July 6, 1818, and 33 delegates met in the territorial capital of Kaskaskia on August 3, 1818, to begin drafting the Constitution. The 1818 Constitution was modelled after the state constitutions of New York, Kentucky, and Ohio, and consisted of eight articles. It was considered very liberal at the time, as it allowed all white males who had lived in the state for six months to vote, regardless of their citizenship status or property ownership. It also limited the powers of the governor and set aside land in every township for schools. However, it did not go far enough to prohibit slavery, which was a point of contention for some members of Congress.
The second Illinois Constitution was adopted in 1848. This was due, in part, to the judicial inadequacy of the previous constitution, which gave the General Assembly the power to appoint and remove all judges, including Supreme Court judges, making it difficult for an established judicial system to take root in Illinois.
A constitutional convention was held in 1862, but the resulting changes, known as the "Copperhead Constitution," were not ratified by voters. Another convention was held in 1920, but the changes proposed in 1922 were also rejected by voters.
The third Illinois Constitution was ratified in 1870 and went into effect in 1871.
The fourth and current Illinois Constitution was drafted by the Sixth Illinois Constitutional Convention, which convened in 1969 and concluded in 1970. This version was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971. It includes important features such as the creation of home rule powers for larger municipalities and other units of local government.
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Amendments
The Illinois Constitution has been amended several times since its original drafting in 1818. The original document was modelled after the state constitutions of New York, Kentucky, and Ohio, and was considered very liberal at the time. It extended the right to vote to all white males who had lived in the state for six months, regardless of their citizenship status or property ownership. It also limited the powers of the governor, set aside land for schools, and established a judicial system, including a Supreme Court and Justices of the Peace Courts.
However, the 1818 Constitution did not go far enough to prohibit slavery, and this was a point of contention during its drafting. Illinois was admitted to the Union in 1818, but the issue of slavery remained a concern, and subsequent amendments to the Constitution would address this issue.
The second Illinois Constitution was adopted in 1848, in part due to judicial inadequacies in the original document. A constitutional convention was held in 1862, resulting in changes known as the "Copperhead Constitution," which were not ratified by voters. Another convention was held in 1920, but the proposed changes were rejected by voters in 1922.
The fourth and current version of the Illinois Constitution was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971. This version includes a preamble and 14 articles, and it grants home rule powers to larger municipalities and other units of local government. It also contains provisions not included in the United States Constitution, such as sections prohibiting discrimination based on sex or physical/mental handicaps.
The Illinois Constitution of 1970 has been amended several times since its adoption, with amendments addressing various topics such as compensation and allowances for members of the General Assembly, legislative immunity, and the effective dates of bills.
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