THE STATE GOVERNMENT OF ILLINOIS

The First Constitution of Illinois (1818)

Originally, Illinois was part of the Northwest Territory. The Northwest Territory covered what are now the states of Ohio, Indiana, Illinois, Michigan and Wisconsin.

From 1809-1818, Illinois was a separate territory. It was governed by the National Government in Washington under the provisions of the Northwest Ordinance of 1787.

In 1818 the people of the Illinois Territory applied to Congress for permissions to become a state. In April, 1818, Congress passed a law permitting the people of the Illinois Territory to elect thirty-three men to write a constitution for Illinois. If the constitution was approved by the people of the territory and by Congress, either the President or Congress would proclaim Illinois a state.

The thirty-three men met in Kaskaskia, Illinois, first capital of Illinois, in August 1818. These men wrote up a constitution and sent it to Congress. Congress approved it, and Illinois was admitted as the twenty-first state in the Union on December 3, 1818. Later on, the capital was moved to Vandalia before moving to its present site in Springfield (1840).

The Second Constitution of Illinois (1848)

As a new state, Illinois grew so rapidly that many of its citizens felt that a new constitution was needed. In 1847 a group of men was elected to write a new constitution. They began their work in August, 1847, and the new Constitution they wrote went into effect in 1848.

The Third Constitution of Illinois (1870)

Several parts of the second Constitution went out of date at the end of the Civil War. The people of Illinois wanted their constitution up-dated. Therefore, a third group of men was elected in 1869 to write a third Constitution for the state. The voters of the state approved this new constitution in a special election held on July 2, 1870. The new Constitution went into effect on August 8, 1870.

The Present Constitution of Illinois (1970)

The Constitution of 1870 was written at a time when the fashion was one of detailed, restrictive constitutions which were too rigid to meet changing conditions, and were difficult to amend. Constitutional rigidity forced citizens and officers of government to evade and violate constitutional statements as changing conditions called for constitutional change which could not be accomplished through the amending process. This situation was largely responsible for much of the feeling within the state on behalf of a new constitution. In 1968 the voters of the state approved the calling of a Constitutional Convention to draw up a new Constitution. This proposed Constitution was approved by the voters of Illinois in a special election on December 15, 1970. Article I Bill of Rights

Like the Federal Constitution’s “Bill of Rights”, it contains a list of rights reserved to the people. Some of these rights include: freedom of religion, freedom of speech, right of assembly and petition, right of privacy, rights of the accused in criminal prosecutions, protection against discrimination based on race, national ancestry, gender or physical handicap.

Article II The Powers of the State

This article acknowledges the basic principle of state sovereignty, and reaffirms the separation of powers between the legislative, executive and judicial branches. The people of Illinois hold the sovereign power.

Article III Suffrage and Elections

This article gives the qualifications necessary to vote in Illinois. It also establishes the election procedures to be followed. General elections are always held on the first Tuesday after the 1 st Monday in November in all even-numbered years. Primary elections in Illinois are held in March.

Qualifications for Voting in the State of Illinois

U.S. Citizen At least 18 years of age Resident of the state for at least 30 days Resident of your election precinct for at least 30 days Must be registered to vote Article IV The Legislative Branch

The power to make laws for the state of Illinois is given to the General Assembly. The General Assembly is divided into two houses. The State Senate and State House of Representatives.

State Senate- Membership- 59

The state is divided into 59 Senate Districts. One Senator is chosen by each Senate District. Our State Senator is ______.

Term of Office- 4 years

Qualifications: Citizen of the United States At least 21 years old Resident of the district from which he is elected for at least 2 years

Presiding Officer: President of the Senate is elected by the membership State House of Representatives

Membership- 118

The state is divided into 118 Representative Districts. One Representative is chosen by each Representative District. Our Representative is ______.

Term of Office- 2 years

Qualifications: Same as the State Senate

Presiding Officer: Speaker of the House General Information – General Assembly

1. The General Assembly begins its sessions each year on the second Wednesday of January.

2. The Governor may call the General Assembly or the Senate alone into special session.

3. The General Assembly can enact laws only by bill. Bills may start in either house, but may be amended or rejected by the other house.

4. A majority vote of the total membership or all members in each house is necessary for a bill to become a law (at least 30 votes in the Senate and 60 in the House of Representatives).

5. The General Assembly ends their regular session on May 31 as all laws go into effect June 1 unless there is an emergency measure which requires a 3/5 vote in both houses.

6. Every bill passed by the General Assembly must be presented to the Governor for his approval within 30 calendar days after its passage.

7. If the Governor does not approve the bill, he must return it with his objections to the house where is originated within 60 calendar days after he received it. After 60 days it becomes a law. The Governor has the right to item veto on appropriation bills.

8. The General Assembly can pass a bill over the Governor’s veto by a three-fifths majority of both houses of the Legislature.

9. When the General Assembly is in session, neither house can adjourn for more than three days without the consent of the other house. Article V The Executive Branch

Officers

The Executive Branch includes the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller and Treasurer. All are elected by the voters of the state.

Terms of Office- 4 years

Qualifications: Citizen of the United States At least 25 years old A resident of the state for three years preceding their election

Joint Election

The candidates for Governor and Lieutenant Governor run as a team in the general election.

Line of Succession for Governor (in case office becomes vacant)

Lieutenant Governor Attorney General Secretary of State

Our present Governor is ______.

Powers of the Governor

1. The Governor has the supreme executive power, and is responsible for the faithful execution (enforcement) of the laws.

2. The Governor, with the advice and consent of the Senate, appoints all officers whose election or appointment is not provided for.

3. The Governor can grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper.

4. The Governor, at the beginning of each annual session of the General Assembly and at the close of his term of office, must report to the General Assembly on the condition of the State and recommend measures he believes to be desirable. 5. The Governor may veto legislation.

6. The Governor can call special session of the General Assembly or Senate alone.

7. The Governor must prepare a budget.

Duties of the Lieutenant Governor (______)

The Lieutenant Governor performs the duties and exercises the powers in the Executive Branch that are delegated to him/her by the Governor. She/he also takes over the Governor’s duties in event of his death or inability to fill the office or absence from the state. Duties of the Attorney General (______)

The Attorney General is the state’s legal advisor. When any question arises as to whether or not some action is proper under law, the Attorney General decides whether the action is or is not, in agreement with the law. She/he also represents the state in any legal action where the state is a party and works with the state’s attorneys in the counties in enforcing state law.

Duties of the Secretary of State (______)

The Secretary of State keeps all state records, and has charge of all state property. She/he publishes all laws and other state documents, and is keeper of the great seal of the State of Illinois, which she/he places on all important documents. The Secretary of State registers motor vehicles, issues automobile licenses and keeps state election records.

Duties of the Comptroller (______)

The Comptroller authorizes the payment of all the bills of the state. Such an authorization to pay a bill is called a warrant. All state warrants are issued by the Comptroller. She/he helps the Governor and the Treasurer determine the tax rate, and checks the accounts of the state at least once a month. The Comptroller carries out regular examinations of all state banks.

Duties of the Treasurer (______)

The Treasurer keeps the state’s money, and pays it out when the Comptroller issues a warrant ordering him/her to do so.

Bond

Civil officers of the Executive Branch may be required by law to give reasonable bond or other security for the faithful performance of their duties. This means that a bonding company, or a responsible individual or group of individuals, agree to make god any loss of state money which may be the result of carelessness or dishonesty of the Executive officers. This is done to protect the state against possible loss. Article VI The Judicial Branch

Judicial Power: The Judicial Power in the State of Illinois is vested in Supreme Court, an Appellate Court and Circuit Courts.

Judicial Districts

The State is divided into five Judicial Districts for the selection of Supreme and Appellate Court Judges. The First Judicial District consists of Cook County. The remainder of the State is divided into four Judicial Districts which are contiguous and of about equal population. Qualifications for Office: Citizen of the United States Licensed attorney-at-law of the state of Illinois Resident of the judicial district from which she/he is selected

Terms of Office

Supreme Court Judges- 10 years Appellate Court Judges- 10 years Circuit Court Judges- 6 years

Election and Retention of Judges

Supreme, Appellate and Circuit Judges are nominated at primary election or by petition. When there is a vacancy, Judges should be elected at general or judicial elections as the General Assembly shall provide by law. When a judge’s term is up, his/her name is placed on a separate ballot with no opposition. The sole question to be shall she/he be retained in office or not.

Circuit Courts – Organization

The State is divided into Judicial Circuits consisting of one or more counties. Each Judicial Circuit shall have one Circuit Court with such a number of Circuit Judges as provided by law. There must be at least one Circuit Judge from each county. Our Circuit Court is located in Woodstock.

Circuit Courts – Jurisdiction (Main trial court in Illinois)

With some exceptions, the circuit court had original jurisdiction over all civil and criminal cases. The term “original jurisdiction” means the power to make the first, or original, decision about the dispute.

Appellate Court – Organization (5 districts in Illinois)

The Supreme Court prescribes by rule the number of Appellate divisions in each of the Judicial Districts. Each Appellate division must have at least three judges. A majority of a division constitutes a quorum and the concurrence of a majority of the divisions is necessary for a decision. The location of the Appellate Court for our district is Elgin.

Appellate Court – Jurisdiction

Appellate Courts have only one appellate jurisdiction. This means they only have power to hear cases appealed to them from another court. When a case is appealed to the Appellate Court, that court examines the record of the trial which was held in the lower court. They decide whether or not the judge of the lower court conducted the trial properly, and decided, or interpreted the law correctly. If they decided that these things were properly handled in the lower court they will sustain, or uphold, the action of the lower court. If they feel that the case was not properly tried, or that the judge made mistakes in the interpretation of the law, they may reverse the findings of that court and send the case back for re-trial.

If one of the parties to the case is dissatisfied with the decision of the Appellate Court, the case may sometimes be appealed to the State Supreme Court. Supreme Court – Organization

The Supreme Court consists of seven judges. Three are selected from the First Judicial District and one from each of the other Judicial Districts. Four judges are necessary for quorum, and the concurrence of four is necessary for a decision. The location of the Illinois Supreme Court is Springfield.

Supreme Court – Jurisdiction

The Supreme Court has original jurisdiction in cases relating to revenue, mandamus, and habeas corpus.

Judgments of death imposed by a Circuit Court are automatically by law appealed to the Supreme Court. The Supreme Court determines by rule direct appeal in other cases.

Appeals from the Appellate Court to the Supreme Court are a matter of right if a question under the Illinois State or Federal Constitution comes up for the first time, or if the case involves a question of such importance that the Supreme Court should decide the case.

Article VII Local Government

This article provides for the organization and operation of county, township, and city government.

Article VIII Finance

Governments in Illinois can use public money only for purposes which serves the public interest. Records of how governments spend their money must be maintained and open for public inspection.

The Governor must prepare and submit to the General Assembly a State budget for the upcoming fiscal year. The budget must show the revenue the State expects to receive from all sources and the money the State intends to spend for all purposes in that year.

Only the General Assembly has the power to decide how State funds are to be spent. The General Assembly cannot authorize spending more money in any fiscal year that is expects to receive from all sources.

Article IX Revenue

This article affirms the inherent power of the state to raise revenue. This power rests with the elected representatives of the people. This article also prohibits a graduated income tax, but provides for a flat rate income tax.

Article X Education

This article establishes the goal of education every individual to his/her capacity. It also provides for the establishment of a State Board of Education which has general authority over State education and appoints a Chief State Educational Officer. The General Assembly by law must provide for the selection or election of the Board members on a regional basis. The General Assembly is responsible for public education in Illinois.

Article XI Environment

This article states that it is the duty of the State and each person to provide and maintain a healthful environment, and the General Assembly is required to carry out this duty.

Article XII Militia

This article provided for the establishment, organization, and membership of the State militia. Article XIII General Provisions

This article deals with a number of miscellaneous matters including corporations, public transportation, oath of office, pension and retirement rights, etc.

Article XIV Constitutional Revision – Constitutional Convention

1. Whenever three-fifths of the members of both houses of the General Assembly direct it.

2. At least once every twenty years.

Amendments by General Assembly

Amendments to the Constitution of Illinois can also be started in either house of the General Assembly. If the proposed amendment is approved by three-fifths of the members of each house, it is submitted to the voters for their approval.

The proposed amendment becomes part of the Constitution if:

1. Three-fifths of those voting on the amendment approve.

2. A majority of those voting in the election approve.

Requirements of an Australian Ballot

1. The names of all the candidates must be on the same ballot.

2. It must be printed and paid for by the government.

3. It must be voted in complete secrecy. THE UNITED STATES FLAG The colors of the flag represent:

Red – hardiness and courage White – purity Blue – justice

The stripes represent the original 13 colonies. The stars represent the union of 50 states.

Congress established in 1942 an official set of rules for displaying and honoring the Flag. These rules are called the Flag Code. The President of the United States has power to change any of the parts of the Flag Code by proclamation.

1. When carried, the Flag should never be held flat or horizontal, but always held aloft and free.

2. In parades and processions, when the Flag is carried with another flag or flags, it should be on the marching right, that is, the Flag’s own right. Or, if there is a line of other flags, it should be placed in front of the center of that line.

3. The Flag is displayed every day in good weather from Federal and State government buildings and installations, at schools, and from many public buildings. The Flag usually is displayed outdoors only from sunrise to sunset in good weather.

4. No one should display any national or international flag above, in a position of higher prominence or honor than, or in place of, the Flag of the United States at any place within United States or its territories or possessions. When flags of two or more nations are displayed, they often are flown from separate staffs of the same height. The flags should be of about equal size.

5. No other flag or pennant should be placed above the Flag of the United States.

6. The Flag of the United States should be at the center and at the highest point of the group when a number of flags of states or localities, or pennants of societies, are grouped and displayed from staffs.

7. The Flag of the United States should always be at the peak, or top, of the pole when flags of states, cities, or localities, or pennants of societies, are flown from the same pole. When the flags are flown from staffs grouped together, the Flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the Flag of the United States or to its right.

8. When the Flag of the United States is used on a speaker’s platform and displayed flat, it should hang above and behind the speaker.

9. When the Flag is placed in a staff on a speaker’s platform, it must be at the speaker’s right as he faces the audience. 10. At an unveiling of a statue or monument, the Flag should play an important part of the ceremony. But it should never be used to cover the statue or monument. 11. The Flag should be hoisted, or run up, briskly. It should be lowered slowly.

12. When the Flag is raised with the stars at the bottom of the Flag, it is a signal of distress.

13. When flown at half-staff, the Flag should be hoisted to the peak of the staff for an instant, then lowered to the half-staff position. The Flag should again be raised to the peak before it is lowered for the day.

14. On automobiles, trains, and boats, the Flag should not be draped over the hood, top, sides, or back. When the Flag is displayed on an automobile, the staff should be fixed firmly to the body.

15. When used to cover a casket, the Flag should be so placed that the Union is at the head and over the left shoulder of the dead. The Flag should not be lowered into the grave or allowed to touch the ground.

16. The Flag should never touch anything beneath it, such as the ground, the floor, water, or anything else other than a casket. It should never be used as drapery, nor drawn back up in folds. To let the Flag drag on the ground is one of the greatest signs of disrespect to the United States.

17. The Flag should never be fastened, displayed, used, or stored in such a manner that it will be easily torn, soiled, or damaged in any way.

18. The Flag should never have placed upon it, nor on any party of it, not attached to it, any mark, insignia, letter, word, figure, design, picture, or drawing.

19. Use of the Flag as a receptacle is forbidden. It should never be used for carrying, receiving, holding, or delivering anything.

20. The Flag should never be used for advertising purposes. It should not be embroidered on such articles as cushions, or handkerchiefs if it is designed to be used and then discarded. The Flag should not be used as any part of a costume or athletic uniform.

21. That no disrespect should be shown to the Flag of the United States, the Flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor to the United States Flag.