UNDERSTANDING THE ILLINOIS CONSTITUTION

1 UNDERSTANDING THEILLINOISCONSTITUTION2001 EDITIONBy Frank KopeckyandMary Sherman HarrisUNDERSTANDING THEILLINOISCONSTITUTION2001 EDITIONBy Frank KopeckyandMary Sherman HarrisOriginally published by the ILLINOIS Bar FoundationSpringfield, IllinoisCopyright, 1986 ILLINOIS Bar FoundationRevised and reprinted, 2000 ILLINOIS LEARN ProgramiChapter 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.

2 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 62 Glossary .. 64A List of Web Sites to Try .. 66iiCONTENTSThe ILLINOIS CONSTITUTION of 1970 is the basic governing law of ILLINOIS and provides theframework 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 beenwritten to provide a concise resource for study of the governing structure and the constitu-tional history of ILLINOIS .

3 Major funding for publication and distribution of the book has beenprovided by The ILLINOIS Bar Foundation and the ILLINOIS LEARN Program; both are charitablebranches of the ILLINOIS State Bar Association. The book describes the provisions of the CONSTITUTION , as well as its history and politicaltheory. 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 completeform.

4 The entire text of the CONSTITUTION is found in the ILLINOIS Compiled Statutes or in theHandbook of ILLINOIS Government (available from the ILLINOIS Secretary of State). UNDERSTANDING the ILLINOIS Constitutionis designed for use as a supplemental text in his-tory or government courses. It was written with the assumption the reader would have somefamiliarity with the United States CONSTITUTION . Throughout the text, references and compar-isons are made to the United States CONSTITUTION ; therefore, though not essential, the UnitedStates CONSTITUTION should be studied prior to reading the book.

5 The book provides several weeks worth of teaching material, more than can be used in thetypical course. If there is insufficient time to read all nine chapters in the first section, severalmay be omitted. Chapters VII and VIII, dealing with local government and revenue, may bedeleted without dramatically diminishing the book s purpose of teaching the structure ofIllinois government. Chapter II on political theory and chapter VI on the Bill of Rights may alsobe 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.

6 The goal of the authors, the ILLINOIS Bar Foundation, and the ILLINOIS LEARN Program, wasto provide a lasting contribution to the citizens of the state. It is hoped this book will be usedto 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 ofthe governed. To make this principle work, the governed must actively participate in the affairsof the paraphrase Abraham Lincoln s Gettysburg Address.

7 Government of the people, bythe people, for the people, shall soon perish from the earth if the people do not undertake theircivic duty to participate. Our ILLINOIS CONSTITUTION reminds us of this fact in the Bill of Rightsarticle (article 1, section 23) by stating that the blessing of liberty cannot endure unless thepeople recognize their corresponding individual obligations and responsibilities. The ILLINOIS Bar Foundation and the ILLINOIS LEARN Program provided major funding tothe authors and the Center for Legal Studies at the University of ILLINOIS -Springfield to writeand revise this book.

8 The support, interest and assistance of the ILLINOIS Bar Foundation and theIllinois 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. SherrieGood, Denise Baer, Eileen Karam and Murray Seltzer supplied editorial and research assis-tance. Dennis Rendleman, Isolde Davidson, Donna Schechter of the ILLINOIS State BarAssociation, provided administrative and technical assistance and Dru Fernandes providedgraphics and design.

9 Beverly Dixon and Carol Spence, secretaries for the Center for LegalStudies at the University of ILLINOIS at Springfield, revised drafts of the book. Thank people of the state of ILLINOIS , through theIllinois CONSTITUTION of 1970, created a governmentalstructure to manage the public activities of the primary purpose of the CONSTITUTION is to transfergoverning power from the people to the CONSTITUTION tells the government how muchpower it has, how it may exercise that power, and final-ly, what limits are placed on that power.

10 The peopleretain the power to change the CONSTITUTION through theamendment process. The CONSTITUTION creates the framework of state andlocal government. To study the CONSTITUTION is to studygovernment. A CONSTITUTION is the basic document,sometimes called an organic document, from whichother laws derive their authority. The influence of the CONSTITUTION may be seenaround us daily. If you are in a public school, the schooldistrict you are in traces its right to exist to the consti-tution.