Illinois Constitution

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Illinois Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVSchedule


TheIllinois Constitution is thestate constitution ofIllinois.

  • The current Illinois Constitution was adopted in 1970.
  • Illinois has had four state constitutions.
  • The current state constitution has 14 articles.
  • The currentIllinois Constitution has been amended15 times.[1]
  • Voters last approved a new amendment to the Illinois Constitution onNovember 8, 2022, when voters approvedAmendment 1.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Features

The 1970 Constitution of Illinois has a preamble, 14 articles and a schedule.

Article XIV requires that Illinois voters be asked at least every 20 years if they desire aconstitutional convention. The last time that measure was put to a vote was in2008. The ballot measure failed with 67 percent voting against the measure.[2]

Background

Illinois became the 21st state on December 3, 1818. The first Illinois Constitution was adopted in 1818, when Illinois was admitted to the Union. Constitutional revisions were subsequently ratified in 1848, 1870 and 1970.[3]

In 1862, aconstitutional convention was held, but the changes known as the "Copperhead constitution" were not ratified by the voters.[4] A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.[5] The last time Illinois residents were asked if they desired to hold a constitutional convention was in2008. The ballot measure failed with 67 percent voting against the measure.[2]

Preamble

See also:Preamble, Illinois Constitution andPreambles to state constitutions

The preamble to the Illinois Constitution states:

We, the People of the State of Illinois; grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors — in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.[6]

Article I

See also:Article I, Illinois Constitution

Article I of the Illinois Constitution is titled "Bill of Rights" and contains similar provisions as theUnited States Bill of Rights, such as freedom of religion, speech and assembly and the right of due process double jeopardy.[6]

Click here to read this article of the Illinois Constitution.

Article II

See also:Article II, Illinois Constitution

Article II of the Illinois Constitution is titled "Powers of the State" and separates the state government into the executive, legislative and judicial branches.[6]

Click here to read this article of the Illinois Constitution.

Article III

See also:Article III, Illinois Constitution

Article III of the Illinois Constitution is titled "Suffrage and Elections" and describes voting qualifications and other election rules.[6]

Click here to read this article of the Illinois Constitution.

Article IV

See also:Article IV, Illinois Constitution

Article IV of the Illinois Constitution is titled "The Legislature" and provides rules for theIllinois General Assembly.[6]

Click here

Article V

See also:Article V, Illinois Constitution

Article V of the Illinois Constitution is titled "the Executive" and outlines the rules governing the six state-elected offices, including: theIllinois Governor, theIllinois Lieutenant Governor, theIllinois Attorney General, theIllinois Secretary of State, theIllinois Comptroller and theIllinois Treasurer.[6]

Click here to read this article of the Illinois Constitution.

Article VI

See also:Article VI, Illinois Constitution

Article VI of the Illinois Constitution is titled "the Judiciary" and vests the power of the judiciary branch into three courts: theSupreme Court of Illinois, theIllinois Appellate Court, and thecircuit or trial courts of Illinois.[6]

Click here to read this article of the Illinois Constitution.

Article VII

See also:Article VII, Illinois Constitution

Article VII of the Illinois Constitution is titled "Local Government" and outlines the governing structure and power of county, township and city governments.[6]

Click here to read this article of the Illinois Constitution.

Article VIII

See also:Article VIII, Illinois Constitution

Article VIII of the Illinois Constitution is titled "Finance" and provides for financial matters of state.[6]

Click here to read this article of the Illinois Constitution.

Article IX

See also:Article IX, Illinois Constitution

Article IX of the Illinois Constitution is titled "Revenue" and establishes the state's revenue power.[6]

Click here to read this article of the Illinois Constitution.

Article X

See also:Article X, Illinois Constitution

Article X of the Illinois Constitution is titled "Education" and establishes the state's public school system.[6]

Click here to read this article of the Illinois Constitution.

Article XI

See also:Article XI, Illinois Constitution

Article XI of the Illinois Constitution is titled "Environment" and outlines the state's duty to provide and maintain a healthful environment and grants each person the "right to a healthful environment."[6]

Click here to read this article of the Illinois Constitution.

Article XII

See also:Article XII, Illinois Constitution

Article XII of the Illinois Constitution is titled "Militia." It establishes rules for the state militia and authorizes theGovernor of Illinois as the commander-in-chief of the militia.[6]

Click here to read this article of the Illinois Constitution.

Article XIII

See also:Article XIII, Illinois Constitution

Article XIII of the Illinois Constitution is titled "General Provisions" and establishes rules governing the running for public office, pension and retirement rights and public transportation.[6]

Click here to read this article of the Illinois Constitution.

Article XIV

See also:Article XIV, Illinois Constitution

Article XIV of the Illinois Constitution is titled "Constitutional Revision" and sets up procedures to amend the constitution.[6]

Click here to read this article of the Illinois Constitution.

Schedule

See also:Transition Schedule, Illinois Constitution

The Transition Schedule of the Illinois Constitution consists of a preamble and ten sections, though some have been removed. It is also the conclusive section of the Illinois Constitution.[6]

Click here to read the transition schedule of the Illinois Constitution.

Amending the constitution

Main article:Amending state constitutions

The Illinois Constitution provides four mechanisms for amending the state constitution—a constitutional convention, a legislative process, and a citizen-initiated process.

Initiative

See also:Initiated constitutional amendment

Aninitiated constitutional amendment is acitizen-initiated ballot measure that amends astate's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Illinois, thenumber of signatures required for an initiated constitutional amendment is equal to 8% of votes cast for governor in the previous gubernatorial election. Initiated measures in Illinois may only amendArticle IV of the Illinois Constitution, which addresses the structure of theIllinois State Legislature. All amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.

Legislature

See also:Legislatively referred constitutional amendment

According toArticle XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide.A 60% vote is required during one legislative session for theIllinois General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 71 votes in theIllinois House of Representatives and 36 votes in theIllinois State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also:Convention-referred constitutional amendment

According toArticle XIV of theIllinois Constitution, a question about whether to hold a constitutional convention is toautomatically appear on the state's ballot every 20 years starting in 1918. Illinois is one of 14 states that provides for an automatic constitutional convention question. A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of theIllinois General Assembly vote in the affirmative. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

The table below shows the last and next constitutional convention question election years:

StateIntervalLast question on the ballotNext question on the ballot
Illinois20 years20082028


See also

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External links

Footnotes

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