STATE AND LOCAL GOVERNMENT

Unit Five- AA * The State of in a Federal System

• The United States possesses a federal system of government, where power is divided between the state and national government.

• Illinois is one of the 50 states in the United States of America. Each state has sovereignty within their borders, under federal law and the Constitution of the United States.

• Illinois also works with the other states in terms of economic plans in shared major urban areas, and law enforcement areas, such as extradition which is the legal process by which a fugitive from justice in one state can be returned to that state. According to the Constitution and federal law, each state must extradite criminals within their borders wanted in another state.

• The federal officers for the State of Illinois are the members of Congress, our representatives to the House of Representatives and our members of the Senate. Illinois is divided into 18 Congressional districts for purposes of electing representatives, and like all other states has two Senators elected from it state wide.

• Marshall, Illinois is currently in the 15th Congressional District along with Danville, part of Champaign-Urbana, and south to along the Indiana border. Representative John Shimkus (R) 15th Congressional District of Illinois Illinois United States Senators

Illinois’ Senior Senator Illinois’ Junior Senator Senate Minority Whip (D) Richard Durbin (D) * The State of Illinois Constitution • Illinois state constitution is under the federal constitution, as a result of the fourteenth amendment’s incorporation doctrine.

• Illinois became a state in 1818. Since that time Illinois has had four constitutions. The latest one that currently governs the state was adopted in 1971 and is made up of fourteen different articles.

• For the most part, it greatly resembles the federal government’s founding documents of the Declaration of Independence and the U.S. Constitution. For example, elements of both are included in the preamble to the Illinois 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.“ * The State of Illinois Constitution

• Article One of the Illinois State Constitution is a Bill of Rights. Among the rights guaranteed to the citizens of Illinois are: • The right to enjoy inherent and inalienable natural rights, such as life, liberty, and the pursuit of happiness • Due process and equal protection under the law • The free exercise and enjoyment of religious profession and worship, without discrimination • Freedom of Speech • Right to Assemble and Petition • Protection against unreasonable searches and seizures • The guarantee that no person shall be held to answer for a criminal offense unless on indictment of a grand jury • The right of persons accused of crimes to appear and defend themselves in court in person, to have an attorney represent them, confront witnesses against them, and be able to compel witnesses to testify on their behalf, and to have a speedy public trial by jury, in the county in which the offense was alleged to have been committed. • The right to reasonable bail, unless the crime was a capital offense, or one that would lead to life imprisonment, or may lead to potential harm to others, and the right to habeas corpus (from the Latin, “State of the body,” for people to know where a prisoner is located) unless in the cases of invasion and rebellion.

* The State of Illinois Constitution • Article One of the Illinois State Constitution is a Bill of Rights. Among the rights guaranteed to the citizens of Illinois are:

• The right to not incriminate oneself, and protection from double jeopardy • Not to serve your sentence outside of Illinois, and the right to have any penalty assessed be with the purpose of restoring you to useful citizenship, and to not be culpable for corruption of blood or forfeiture of estate • The right to remedy of the law for all injuries and wrongs • The right to trial by jury in civil cases • Protection from imprisonment for debt • The right to just compensation in instance of eminent domain • No ex post facto laws • No discrimination in employment and the sale or rental of property based on race, color, creed, national ancestry and gender. • No discrimination in any instance based on gender • No discrimination based on mental or physical handicap • Protection against the quartering of soldiers • The right to arms • The right to rights not enumerated in the State Constitution

* The State of Illinois Constitution • Article One of the Illinois State Constitution is a Bill of Rights. Among the rights guaranteed to the citizens of Illinois are:

• Some rights listed are not found in the U.S. Constitution, such as; • Crime Victim’s Rights; to be treated with fairness and respect for dignity, be notified of court proceedings, communicate with prosecution, make a statement to the court upon sentencing, the right to information about the conviction, sentence, imprisonment and release of the accused, to be protected from the accused, and to be present at the trial and all other court proceedings on the same basis as the accused.

• The right to individual dignity so that any communications that portray criminality, depravity, or lack of virtue in, or that incite violence, hatred, abuse or hostility toward a person or group of persons by reason or reference to religious, racial, ethnic, national or regional affiliation are condemned.

* The State of Illinois Constitution

• Article Two creates three equal branches in the State of Illinois government, an executive, a legislative and a judicial

• Article Three sets up voting requirements, qualifications and guidelines. It also includes guidelines on how to conduct a recall election of the .

• Article IV establishes the legislative branch of the government of Illinois. Our state legislature is known as the General Assembly.

• The General Assembly is a bicameral legislature consisting of a House of Representatives and a Senate. The Constitution of the State of Illinois establishes that the state be divided into 59 Legislative Districts for the election of State Senators, and 118 Representative Districts for members of the House of Representatives to be elected from.

• Marshall is in the 55th Legislative District and the 110th Representative District.

• State Senators serve a term of four years while state representatives serve a term of two years.

• The General Assembly has pretty much the same role, organization, and is modeled very closely on the United States Congress. * The State of Illinois Constitution

• How a bill becomes a law in Illinois is also very similar, with some notable exceptions regarding the executive veto.

• Every bill passed by the General Assembly must be given to the chief executive of the state within 30 days. • If the chief executive vetoes the bill, he does so by stating his objections in writing and returning it to the chamber in which the bill originated. • If it is not returned by the chief executive, and not signed, then after 60 days it becomes law. • A 3/5th’s majority is needed in each chamber in order to overturn a veto. • The chief executive also has the ability, in appropriations bills, of utilizing a line item veto to reduce or reject any set amount of an appropriation measure.

Illinois State Senator 55th Legislative District Illinois Representative Deputy Minority Leader 110th Representative District Dale A. Righter (R) Reginald Phillips(R) * The State of Illinois Constitution

• The chairperson of the Illinois State Senate serves the role of the Senate Majority Leader in Congress. The current Illinois State Senate President is Senator John J. Cullerton (D) of the 6th Legislative District in .

• The chairperson of the Illinois State House of Representatives is Michael J. Madigan (D) of the 22nd Representative District in Chicago