Illinois Constitution

Illinois Constitution is the foundational governing document for the U.S. state of Illinois. The current version, the state's sixth, was drafted by the Sixth Illinois Constitutional Convention in 1970 and ratified by voters on December 15, 1970, taking effect on July 1, 1971. It establishes the structure of state government, delineates the powers of the Illinois General Assembly, the Governor of Illinois, and the Illinois Supreme Court, and enumerates a broad declaration of rights for its citizens. This document replaced the previous 1870 Constitution, modernizing the state's legal framework to address 20th-century issues.

History

Illinois has operated under four distinct constitutions since achieving statehood in 1818. The first was drafted hastily in Kaskaskia to facilitate admission to the Union, with significant influence from the Kentucky and Ohio charters. A second constitution was adopted in 1848, introducing reforms like the popular election of state officers and provisions against slavery. The third, ratified in 1870 following the American Civil War, was a lengthy document that endured for a century but became increasingly cumbersome. The drive for a new charter culminated in the Sixth Illinois Constitutional Convention, chaired by Samuel W. Witwer, which produced the modern constitution after extensive debate and public input, notably rejecting a controversial proposed constitution in 1922.

Structure and content

The document consists of a preamble and fourteen articles. Article I, the Illinois Bill of Rights, contains a comprehensive declaration of rights, often extending beyond the federal Bill of Rights, including guarantees for victim's rights and protections against discrimination. Articles II, III, and IV detail the separation of powers among the Illinois General Assembly, the Governor of Illinois, and the judiciary, respectively. Subsequent articles cover suffrage, finance, local government, revenue, education, the environment, and constitutional revision. It creates a Lieutenant Governor and mandates a Comptroller, while also granting home rule powers to municipalities and counties.

Amendments

The constitution provides two primary methods for amendment. The most common path requires a three-fifths vote in each chamber of the Illinois General Assembly to propose an amendment, which must then be approved by either three-fifths of those voting on the question or a majority of those voting in the election. Voters have approved amendments on topics ranging from death penalty procedures and property tax classification to the creation of the Civil Service Commission. A notable failed amendment was the 1988 "Cutback Amendment" to reduce the size of the Illinois House of Representatives, which was ultimately successful in a later election. The document also allows for a constitutional convention to be called every twenty years, a question automatically presented to voters.

Comparison to U.S. Constitution

While sharing foundational principles like separation of powers and individual rights with the Constitution of the United States, the Illinois charter is more detailed and expansive. Its Illinois Bill of Rights is broader, explicitly prohibiting discrimination based on sex and guaranteeing certain environmental rights. Structurally, it outlines a plurality election system for the Governor of Illinois rather than an Electoral College, and it empowers the Illinois Supreme Court as the final authority on state constitutional questions, independent of rulings by the Supreme Court of the United States on federal matters. Its provisions for home rule and detailed fiscal management also distinguish it from the federal model.

Judicial interpretation

The Illinois Supreme Court is the ultimate arbiter of the document's meaning. Its interpretations have shaped critical areas of state law, including rulings on public pension protections under Article XIII, the scope of tort reform legislation, and the validity of legislative redistricting maps. The court has also defined the limits of home rule authority for cities like Chicago and Springfield versus state preemption. Landmark cases have addressed the constitutionality of capital punishment statutes, the funding equity for public schools under the Education Clause, and the procedural requirements for constitutional amendments as seen in debates following cases like People v. Gersch.

Category:Illinois law Category:State constitutions of the United States Category:1970 in American law Category:1971 in Illinois