UNDERSTANDING THE ILLINOIS CONSTITUTION 2001 EDITION By Frank Kopecky and Mary Sherman Harris UNDERSTANDING THE ILLINOIS CONSTITUTION 2001 EDITION By Frank Kopecky and Mary Sherman Harris Originally published by the Illinois Bar Foundation Springfield, Illinois Copyright, 1986 Illinois Bar Foundation Revised and reprinted, 2000 Illinois LEARN Program i CONTENTS Chapter 1 Illinois Constitution: Its Purpose and History........................................................................ 1 Chapter 2 Political Theory and the Constitution ...................................................................................... 9 Chapter 3 Legislative Powers ..................................................................................................................... 13 Chapter 4 Executive Powers ....................................................................................................................... 22 Chapter 5 Judicial Powers ........................................................................................................................... 29 Chapter 6 Bill of Rights................................................................................................................................ 37 Chapter 7 Local Government and Education .......................................................................................... 45 Chapter 8 Finances, Taxes and General Government ............................................................................ 53 Chapter 9 Change and the Constitution................................................................................................... 58 Appendix/Bibliography........................................................................................................................................ 62 Glossary .................................................................................................................................................................... 64 A List of Web Sites to Try ...................................................................................................................................... 66 ii PREFACE The Illinois Constitution of 1970 is the basic governing law of Illinois and provides the framework for state and local government. All students in the state are required to have knowl- edge of the Illinois Constitution. This book, Understanding the Illinois Constitution, has been written to provide a concise resource for study of the governing structure and the constitu- tional history of Illinois. Major funding for publication and distribution of the book has been provided by The Illinois Bar Foundation and the Illinois LEARN Program; both are charitable branches of the Illinois State Bar Association. The book describes the provisions of the constitution, as well as its history and political theory. A short bibliography and glossary are included. The actual language of the constitu- tion appears at various points throughout the text but has not been reproduced in complete form. The entire text of the constitution is found in the Illinois Compiled Statutes or in the Handbook of Illinois Government (available from the Illinois Secretary of State). Understanding the Illinois Constitution is designed for use as a supplemental text in his- tory or government courses. It was written with the assumption the reader would have some familiarity with the United States Constitution. Throughout the text, references and compar- isons are made to the United States Constitution; therefore, though not essential, the United States Constitution should be studied prior to reading the book. The book provides several weeks’ worth of teaching material, more than can be used in the typical course. If there is insufficient time to read all nine chapters in the first section, several may be omitted. Chapters VII and VIII, dealing with local government and revenue, may be deleted without dramatically diminishing the book’s purpose of teaching the structure of Illinois government. Chapter II on political theory and chapter VI on the Bill of Rights may also be deleted. Chapters I, III, IV, V, and IX will give the reader an understanding of the constitu- tional history of Illinois and the basic framework of Illinois government. The goal of the authors, the Illinois Bar Foundation, and the Illinois LEARN Program, was to provide a lasting contribution to the citizens of the state. It is hoped this book will be used to develop and educate the citizens on constitutional principles. The key principle of govern- ment contained in our federal and state constitutions is that of a government by the consent of the governed. To make this principle work, the governed must actively participate in the affairs of the government. To paraphrase Abraham Lincoln’s Gettysburg Address: “...government of the people, by the people, for the people, shall soon perish from the earth if the people do not undertake their civic duty to participate.” Our Illinois Constitution reminds us of this fact in the Bill of Rights article (article 1, section 23) by stating that the blessing of liberty “cannot endure unless the people recognize their corresponding individual obligations and responsibilities.” The Illinois Bar Foundation and the Illinois LEARN Program provided major funding to the authors and the Center for Legal Studies at the University of Illinois-Springfield to write and revise this book. The support, interest and assistance of the Illinois Bar Foundation and the Illinois LEARN Program, their officers and board of directors, is gratefully acknowledged. Thanks are also extended to: The Illinois State Board of Education and Ann Pictor. Sherrie Good, Denise Baer, Eileen Karam and Murray Seltzer supplied editorial and research assis- tance. Dennis Rendleman, Isolde Davidson, Donna Schechter of the Illinois State Bar Association, provided administrative and technical assistance and Dru Fernandes provided graphics and design. Beverly Dixon and Carol Spence, secretaries for the Center for Legal Studies at the University of Illinois at Springfield, revised drafts of the book. Thank you. iii I. The Illinois Constitution: Its Purpose and History The people of the state of Illinois, through the the people, through a constitution enact all these laws. Illinois Constitution of 1970, created a governmental This book will examine the 1970 Illinois Consti- structure to manage the public activities of the state. tution, the history of constitutions in Illinois, the gov- The primary purpose of the constitution is to transfer ernmental theories found in the constitution, and the governing power from the people to the government. meaning of the language of the constitution. The pur- The constitution tells the government how much pose of this book is to help students understand the power it has, how it may exercise that power, and final- constitution and the governmental process outlined ly, what limits are placed on that power. The people therein so they may better participate in the democrat- retain the power to change the constitution through the ic processes. amendment process. In article 1, section 23, our constitution reminds us The constitution creates the framework of state and that citizens have a duty to participate in government local government. To study the constitution is to study by stating that “The blessing of liberty cannot endure government. A constitution is the basic document, unless the people recognize their corresponding indi- sometimes called an organic document, from which vidual obligations and responsibilities.” Each of us has other laws derive their authority. an obligation to understand governmental processes The influence of the constitution may be seen and to exercise our votes responsibly. around us daily. If you are in a public school, the school In addition to creating a framework of government district you are in traces its right to exist to the consti- as it exists today, the constitution identifies several tution. The constitution may influence non-public goals that we as a society would like to achieve. The schools by prohibiting the direct use of public funds for preamble, which resembles the Preamble of the United religious purposes. Every day our lives are influenced States Constitution, contains many of these goals. We by laws regulating traffic, our family, the house or are committed to “provide for the health, safety and apartment we live in, and even the air we breathe. welfare of the people . eliminate poverty and Governments that derive their governing power from inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual...insure domestic tranquility.” The Illinois Bill of Rights, in the first section, de- clares in language similar to the Declaration of Inde- pendence that all citizens have the right to “life, liberty and the pursuit of happiness” and that government by consent of the governed in this state is created to secure these rights. Reference to goals may be found through- out the rest of the constitution. For example, we as a state are committed to educational development, a healthful environment, and public transportation. We may never achieve all the goals listed in the constitu- tion but we are committed to try. Most of us are familiar with the U.S. Constitution. At one time or another we probably memorized the Pre- amble, “We the People of the United States in Order to form....” We have studied the lives of the Founding Fathers of our nation, Washington,