Introduction

     In 1787 the United States Constitution set up a federal system of government giving some powers to the national government and other powers to the state and local governments.  The U.S. Constitution told each state it must set up its own government and write its own constitution.  States must  have governments similar to the federal government, and the people of the state would elect their representatives. 

Illinois state flag

The Preamble

     The Preamble to the Illinois Constitution is an introductory paragraph which explains why it was written. The preamble is shown below; some of the wording is similar to the preamble to the U.S. Constitution.  

     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. 

Article I:  The Bill of Rights

     Article I of the Illinois Constitution states many of the individual rights and liberties found in the Bill  of Rights of the U.S. Constitution.  For example, Article I guarantees freedom of religion, freedom of speech, the right to assemble and petition, the right to bear arms, freedom from self incrimination, and the right to a trial by jury. 

     Article I guarantees due process and equal protection which means everyone is entitled to the same basic rights and the same fair procedures under the law. 

     Article I forbids discrimination on the basis of sex and on the basis of physical or mental handicaps—a statement which is not found in the U.S. Constitution. 

     One section of Article I is the right of eminent domain.  Eminent domain allows the government to purchase private property for public use.  For example, if a piece of land is needed to build a highway or a bridge to be used by all the people, the state has the right to buy the land for a fair price even if the owner does not want to sell the land.  

Article II:  The Powers of the State

     Article II of the Illinois Constitution divides the state government into 3 branches;  the legislative, the executive, and the judicial. 

Article III:  Suffrage and Elections

     Article 3 sets up voting qualifications and  election laws.  To vote a person must be a U.S. citizen, 18 years old, and a resident of Illinois for at least 30 days prior to the election.  People must register to vote in the county they live. 

 
Article IV: The Legislature

Entrance to the Illinois State Capitol

     Illinois is divided into 59 legislative districts.  Each legislative district is divided into 2 representative districts.  Every ten years, the General Assembly must redistrict, or again divide the state into districts based on new census information.  Districts must be “compact, contiguous, and substantially equal in population,”  which means a districts can’t be divided into several parts and all districts must have approximately  the same number of people.  

     Each district elects one senator and two representatives, so there are 59 state senators and 118 representatives in the General Assembly.  To be elected to the General Assembly a person must be a U.S. citizen, at least 21 years old, and a resident of the district to be represented for at least 2 years.  Members of the General Assembly are elected every 2 years.

     Members of the General Assembly make laws for the state of Illinois.  Each law begins as a bill, or proposed law, in either the Senate or the House of Representatives.  The bill must be passed by a majority of both the Senate and the House and then must be sent to the Governor within 30 days of its passing.  The governor can sign the bill or veto it.   If the governor signs the bill, it becomes a law.  If the governor vetoes the bill, it cannot become a law, unless the General Assembly overrides the governor’s veto.  To override the governor’s veto, three-fifths of the members of both the Senate and the House must vote in favor of the bill, and the bill becomes a law. 

Article V: The Executive Department 

The Illinois Governor's mansion

To run for one of these offices a person must be a U.S. citizen, at least 25 years old, and a resident of Illinois for 3 years.  Each official serves a four-year term. 

     The Governor is the chief executive officer of Illinois, just as the President  is the chief executive officer of the United states.  One main duty of the governor is to see that laws passed by the General Assembly are carried out. The Governor makes an annual report to the General Assembly, proposes a budget for the state, and signs or vetoes bills passed by the General Assembly.  State agencies such as the Illinois Department of Public Health, the Department of Children and Family Services, and the Department of Transportation carry out the laws and policies of the state. The Governor appoints the directors of these agencies and many other administrators.  The Governor nominates state officials, but the nominations must be approved by the state Senate. 

     Many of the powers of the Governor are similar to the powers of the U.S. president.  One difference however, is the power the Governor has to veto or reduce items of appropriation bills (bills which spend money).  The Governor can eliminate certain items from the bill but approve the rest of the bill.  The President cannot do this; the President  can only approve or veto the entire bill.  

Duties of Illinois elected executive officials

Governor

Chief executive officer of Illinois.
(See paragraph above for explanation of duties.)

Lieutenant Governor 

Similar to the Vice President of the United States.
Performs any duties assigned by the Governor.
If the Governor dies suddenly or is unable to serve, the Lieutenant Governor becomes governor.

Attorney General

Chief legal officer of Illinois.
Represents the state, state agencies, and state officials in court.
Chief law enforcement officer in Illinois.
Coordinates crime-fighting activities with state, county, and local authorities. 

Secretary of State

Keeps the official  records of the General Assembly and the executive branch.

Licenses drivers and keeps drivers records, issues vehicle license plates and titles, and registers corporations. 

Comptroller

Chief fiscal officer for Illinois.
Reviews all bills and payments, pays the state’s bills, keeps records, and helps set financial policies for the state. 

Treasurer

Acts as the state’s banker, keeping and investing the money the state receives through taxes.

Article VI: The Judicial Department 

     Article 6 sets up the courts system for Illinois.  There are 3 types of courts in Illinois--the Supreme Court, appellate courts, and circuit or trial courts--much like the federal court system. 

     The Illinois Supreme Court is made up of 7 judges, called justices.  Supreme Court justices are elected by the people and serve a term of 10 years.  The Illinois Supreme Court hears appeals from the appellate courts and  appeals from circuit courts when a death sentence has been imposed.  The Supreme Court has original jurisdiction in a few special types of trials. 

     Appellate courts hear appeals from circuit courts.  A total of 52 appellate court judges are elected.  Appellate court judges also serve terms of 10 years. 

     Circuit courts hear most trials.  Illinois is divided into 22 judicial circuits.  Each circuit has a chief circuit judge, other circuit judges, and associate judges.  Currently there are 865 circuit and associate judges in Illinois.  Circuit judges are elected and serve terms of 6 years.  Associate judges are appointed by the circuit judges and serve terms of 4 years. 

Articles VII-XIV

Article VII: Local Government

Article 7 gives rules for local governments--for counties, townships, and  cities.  Local governments are given limited powers to pass ordinances, or local laws.

Article VIII:  Finance

Article 8 states that public money and property can only be used for public purposes.  Article 8 explains how public funds are to budgeted, spent and audited.  

Article IX:  Revenue

Article 9 describes how the state can collect money (revenue) from the people through taxes on property, income, and sales. 

Article X:  Education

Article 10 provides for free public education for all Illinois residents through high school.

Article XI:  Environment

Article 11 gives the General Assembly power to insure a healthy environment for Illinois residents. 

Article XII:  Militia

Article 12 allows the General Assembly to form a state militia (military force) made up of Illinois citizens.  The Governor acts as commander-in-chief of the state militia. 

Article XIII:  General Provisions

Article 13 gives several rules for persons running or holding office in Illinois.  Article 13 also states that public transportation is an essential public service, one which the General Assembly can spend public money on. 

Article XIV:  Constitutional Revision

Article 14 explains how the Illinois Constitution can be changed.  Amendments to the Constitution may be proposed either by a Constitutional Convention or by the General Assembly.   If a Constitutional Convention is held to revise or amend the Constitution, a majority of Illinois voters must approve the changes.  If the amendments are proposed by the General Assembly, the amendments must be approved by three-fifths of the voters at the next general election.