The Illinois State Constitution (Oxford Commentaries on the State Constitutions of the United States)

Since Illinois became a state in 1818, it has been a microcosm of the country at every stage of its development, from its status as a "free" state in antebellum America to a state rich in agriculture and industry whose goods and services now travel the world. Illinois' four state constitutions have reflected its changing values. Illinois is currently one of the few states that have adopted a new constitution since World War II. This 1970 constitution has become a model for countries in Central and Eastern Europe seeking examples of modern American constitutions. The Illinois State Constitution traces the history of the state's constitution from its statehood in 1818 to the adoption of the state's fourth constitution in 1970. Ann M. Lousin, who has been involved in Illinois constitutional development and government for over four decades, provides provision-by-provision commentary and analysis of the state's current constitution, covering the Preamble, the Bill of Rights, and the various articles and amendments, including a survey of case law under each provision. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series. This title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents. Since Illinois Became A State In 1818, It Has Been A Microcosm Of The Country At Every Stage Of Its Development, From Its Status As A Free State In Antebellum America To A State Rich In Agriculture And Industry Whose Goods And Services Now Travel The World. Illinois' Four State Constitutionshave Reflected Its Changing Values. Illinois Is Currently One Of The Few States That Have Adopted A New Constitution Since World War Ii. This 1970 Constitution Has Become A Model For Countries In Central And Eastern Europe Seeking Examples Of Modern American Constitutions. The Illinois State Constitution Traces The History Of The State's Constitution From Its Statehood In 1818 To The Adoption Of The State's Fourth Constitution In 1970. Ann M.^ Lousin, Who Has Been Involved In Illinois Constitutional Development And Government For Over Four Decades, Providesprovision-by-provision Commentary And Analysis Of The State's Current Constitution, Covering The Preamble, The Bill Of Rights, And The Various Articles And Amendments, Including A Survey Of Case Law Under Each Provision. Previously Published By Greenwood, This Title Has Been Brought Back In Tocirculation By Oxford University Press With New Verve. Re-printed With Standardization Of Content Organization In Order To Facilitate Research Across The Series, This Title, As With All Titles In The Series, Is Set To Join The Dynamic Revision Cycle Of The Oxford Commentaries On The Stateconstitutions Of The United States.the Oxford Commentaries On The State Constitutions Of The United States Is An Important Series That Reflects A Renewed International Interest In Constitutional History And Provides Expert Insight Into Each Of The 50 State Constitutions.^ Each Volume In This Innovative Series Contains A Historicaloverview Of The State's Constitutional Development, A Section-by-section Analysis Of Its Current Constitution, And A Comprehensive Guide To Further Research. Under The Expert Editorship Of Professor G. Alan Tarr, Director Of The Center On State Constitutional Studies At Rutgers University, This Series Provides Essential Reference Tools For Understanding State Constitutional Law. Books In The Series Can Be Purchased Individually Or As Part Of A Completeset, Giving Readers Unmatched Access To These Important Political Documents. Machine Generated Contents Note: Pt. One The History Of The Illinois Constitutions -- Introduction -- The 1818 Constitution: The Statehood Constitution -- The Experience Under The 1818 Constitution -- The 1848 Illinois Constitution: The Jacksonian Democracy Constitution -- The Experience Under The 1848 Constitution -- The 1870 Constitution: A Constitution For An Industrial-agricultural Giant -- The Experience Under The 1870 Constitution -- The 1970 Constitution: A Constitution For Illinois On The World Stage -- The Experience With The 1970 Constitution -- Pt. Two The Illinois Constitution And Commentary -- Preamble -- Article I Bill Of Rights -- Prefatory Remarks About Article I -- Section 1 Inherent And Inalienable Rights -- Section 2 Due Process And Equal Protection -- Section 3 Religious Freedom -- Section 4 Freedom Of Speech -- Section 5 Right To Assemble And Petition -- Section 6 Searches, Seizures, Privacy And Interceptions -- Section 7 Indictment And Preliminary Hearing -- Section 8 Rights After Indictment -- Section 8.1 Crime Victim's Rights -- Section 9 Bail And Habeas Corpus -- Section 10 Self-incrimination And Double Jeopardy -- Section 11 Limitation Of Penalties After Conviction -- Section 12 Right To Remedy And Justice -- Section 13 Trial By Jury -- Section 14 Imprisonment For Debt -- Section 15 Right Of Eminent Domain -- Section 16 Ex Post Facto Laws And Impairing Contracts -- Section 17 No Discrimination In Employment And The Sale Or Rental Of Property -- Section 18 No Discrimination Of The Basis Of Sex -- Section 19 No Discrimination Against The Handicapped -- Section 20 Individual Dignity -- Section 21 Quartering Of Soldiers -- Section 22 Right To Arms -- Section 23 Fundamental Principles -- Section 24 Rights Retained -- Article Ii The Powers Of The State -- Section 1 Separation Of Powers -- Section 2 Powers Of Government -- Article Iii Suffrage And Elections -- Section 1 Voting Qualifications -- Section 2 Voting Disqualifications -- Section 3 Elections -- Section 4 Election Laws -- Section 5 Board Of Elections -- Section 6 General Election -- Article Iv The Legislature -- Relevant Provisions In The Transition Schedule -- Section 1 Legislature -- Power And Structure -- Section 2 Legislative Composition -- Section 3 Legislative Redistricting -- Section 4 Election -- Section 5 Sessions -- Section 6 Organization -- Section 7 Transaction Of Business -- Section 8 Passage Of Bills -- Section 9 Veto Procedure -- Section 10 Effective Date Of Laws -- Section 11 Compensation And Allowances -- Section 12 Legislative Immunity -- Section 13 Special Legislation -- Section 14 Impeachment -- Section 15 Adjournment -- Article V The Executive -- Relevant Provisions In The Transition Schedule -- Section 1 Officers -- Section 2 Terms -- Section 3 Eligibility -- Section 4 Joint Election -- Section 5 Canvass -- Contests -- Section 6 Gubernatorial Succession -- Section 7 Vacancies In Other Elective Offices -- Section 8 Governor -- Supreme Executive Power -- Section 9 Governor -- Appointing Power -- Section 10 Governor -- Removals -- Section 11 Governor -- Agency Reorganization -- Section 12 Governor -- Pardons -- Section 13 Governor -- Legislative Messages -- Section 14 Lieutenant Governor -- Duties -- Section 15 Attorney General -- Duties -- Section 16 Secretary Of State -- Duties -- Section 17 Comptroller -- Duties -- Section 18 Treasurer -- Duties -- Section 19 Records -- Reports -- Section 20 Bond -- Section 21 Compensation -- Article Vi The Judiciary -- Relevant Provisions In The Transition Schedule -- Section 1 Courts -- Section 2 Judicial Districts -- Section 3 Supreme Court -- Organization -- Section 4 Supreme Court -- Jurisdiction -- Section 5 Appellate Court -- Organization -- Section 6 Appellate Court -- Jurisdiction -- Section 7 Judicial Circuits -- Section 8 Associate Judges -- Section 9 Circuit Courts -- Jurisdiction -- Section 10 Terms Of Office -- Section 11 Eligibility For Office -- Section 12 Election And Retention -- Section 13 Prohibited Activities -- Section 14 Judicial Salaries And Expenses -- Fee Officers Eliminated -- Section 15 Retirement -- Discipline -- Section 16 Administration -- Section 17 Judicial Conference -- Section 18 Clerks Of Courts -- Section 19 State's Attorneys -- Selection, Salary -- Article Vii Local Government -- Relevant Provisions In The Transition Schedule -- Section 1 Municipalities And Units Of Local Government -- Section 2 County Territory, Boundaries And Seats -- Section 3 County Boards -- Section 4 County Officers -- Section 5 Townships -- Section 6 Powers Of Home Rule Units -- Section 7 Counties And Municipalities Other Than Home Rule Units -- Section 8 Powers And Officers Of School Districts And Units Of Local Government Other Than Counties And Municipalities -- Section 9 Salaries And Fees -- Section 10 Intergovernmental Cooperation -- Section 11 Initiative And Referendum -- Section 12 Implementation Of Governmental Changes -- Article Viii Finance -- Relevant Provisions In The Transition Schedule -- Section 1 General Provisions -- Section 2 State Finance -- Section 3 State Audit And Auditor General -- Section 4 Systems Of Accounting, Auditing And Reporting -- Article Ix Revenue -- Relevant Provisions In The Transition Schedule -- Section 1 State Revenue Power -- Section 2 Non-property Taxes -- Classification, Exemptions, Deductions, Allowances And Credits -- Section 3 Limitations On Income Taxation -- Section 4 Real Property Taxation -- Section 5 Personal Property Taxation -- Section 6 Exemptions From Property Taxation -- Section 7 Overlapping Taxing Districts -- Section 8 Tax Sales -- Section 9 State Debt -- Section 10 Revenue Article Not Limited -- Article X Education -- Relevant Provisions In The Transition Schedule -- Section 1 Goal -- Free Schools -- Section 2 State Board Of Education -- Chief Educational Officer -- Section 3 Public Funds For Sectarian Purposes Forbidden -- Article Xi Environment -- Relevant Provisions In The Transition Schedule -- Section 1 Public Policy -- Legislative Responsibility -- Section 2 Rights Of Individuals -- Article Xii Militia -- Section 1 Membership -- Section 2 Subordination Of Military Power -- Section 3 Organization, Equipment And Discipline -- Section 4 Commander-in-chief And Officers -- Section 5 Privilege From Arrest -- Article Xiii General Provisions -- Section 1 Disqualification For Public Office -- Section 2 Statement Of Economic Interests -- Section 3 Oath Of Affirmation Of Office -- Section 4 Sovereign Immunity Abolished -- Section 5 Pension And Retirement Rights -- Section 6 Corporations -- Section 7 Public Transportation -- Section 8 Branch Banking -- Article Xiv Constitutional Revision -- Section 1 Constitutional Convention -- Section 2 Amendments By General Assembly -- Section 3 Constitutional Initiative For Legislative Article -- Section 4 Amendments To The Constitution Of The United States. Ann M. Lousin. Includes Bibliographical References And Index. Cover Contents Series Foreword Preface and Acknowledgments PART ONE: The History of the Illinois Constitutions Introduction The 1818 Constitution: The Statehood Constitution The Experience under the 1818 Constitution The 1848 Illinois Constitution: The Jacksonian Democracy Constitution The Experience under the 1848 Constitution The 1870 Constitution: A Constitution for an Industrial-Agricultural Giant The Experience under the 1870 Constitution The 1970 Constitution: A Constitution for Illinois on the World Stage The Experience with the 1970 Constitution PART TWO: The Illinois Constitution and Commentary Preamble Article I: Bill of Rights Prefatory Remarks about Article I Section 1. Inherent and Inalienable Rights Section 2. Due Process and Equal Protection Section 3. Religious Freedom Section 4. Freedom of Speech Section 5. Right to Assemble and Petition Section 6. Searches, Seizures, Privacy and Interceptions Section 7. Indictment and Preliminary Hearing Section 8. Rights after Indictment Section 8.1. Crime Victim's Rights Section 9. Bail and Habeas Corpus Section 10. Self-incrimination and Double Jeopardy Section 11. Limitation of Penalties After Conviction Section 12. Right to Remedy and Justice Section 13. Trial Section 14. Imprisonment for Debt Section 15. Right of Eminent Domain Section 16. Ex Post Facto Laws and Impairing Contracts Section 17. No Discrimination in Employment and the Sale or Rental of Property Section 18. No Discrimination of the Basis of Sex Section 19. No Discrimination Against the Handicapped Section 20. Individual Dignity Section 21. Quartering of Soldiers Section 22. Right to Arms Section 23. Fundamental Principles Section 24. Rights Retained Article II: The Powers of the State Section 1. Separation of Powers Section 2. Powers of Government Article III: Suffrage and Elections Section 1. Voting Qualifications Section 2. Voting Disqualifications Section 3. Elections Section 4. Election Laws Section 5. Board of Elections Section 6. General Election Article IV: The Legislature Relevant Provisions in the Transition Schedule Section 1. Legislature—Power and Structure Section 2. Legislative Composition Section 3. Legislative Redistricting Section 4. Election Section 5. Sessions Section 6. Organization Section 7. Transaction of Business Section 8. Passage of Bills Section 9. Veto Procedure Section 10. Effective Date of Laws Section 11. Compensation and Allowances Section 12. Legislative Immunity Section 13. Special Legislation Section 14. Impeachment Section 15. Adjournment Article V: The Executive Relevant Provisions in the Transition Schedule Section 1. Officers Section 2. Terms Section 3. Eligibility Section 4. Joint Election Section 5. Canvass—Contests Section 6. Gubernatorial Succession Section 7. Vacancies in Other Elective Offices Section 8. Governor—Supreme Executive Power Section 9. Governor—Appointing Power Section 10. Governor—Removals Section 11. Governor—Agency Reorganization Section 12. Governor—Pardons Section 13. Governor—Legislative Messages Section 14. Lieutenant Governor—Duties Section 15. Attorney General—Duties Section 16. Secretary of State—Duties Section 17. Comptroller—Duties Section 18. Treasurer—Duties Section 19. Records—Reports Section 20. Bond Section 21. Compensation Article VI: The Judiciary Relevant Provisions in the Transition Schedule Section 1. Courts Section 2. Judicial Districts Section 3. Supreme Court—Organization Section 4. Supreme Court—Jurisdiction Section 5. Appellate Court—Organization Section 6. Appellate Court—Jurisdiction Section 7. Judicial Circuits Section 8. Associate Judges Section 9. Circuit Courts—Jurisdiction Section 10. Terms of Office Section 11. Eligibility for Office Section 12. Election and Retention Section 13. Prohibited Activities Section 14. Judicial Salaries and Expenses—Fee Officers Eliminated Section 15. Retirement—Discipline Section 16. Administration Section 17. Judicial Conference Section 18. Clerks of Courts Section 19. State’s Attorneys—Selection, Salary Article VII: Local Government Relevant Provisions in the Transition Schedule Section 1. Municipalities and Units of Local Government Section 2. County Territory, Boundaries and Seats Section 3. County Boards Section 4. County Officers Section 5. Townships Section 6. Powers of Home Rule Units Section 7. Counties and Municipalities Other Than Home Rule Units Section 8. Powers and Officers of School Districts and Units of Local Government Other than Counties and Municipalities Section 9. Salaries and Fees Section 10. Intergovernmental Cooperation Section 11. Initiative and Referendum Section 12. Implementation of Governmental Changes Article VIII: Finance Relevant Provisions in the Transition Schedule Section 1. General Provisions Section 2. State Finance Section 3. State Audit and Auditor General Section 4. Systems of Accounting, Auditing and Reporting Article IX: Revenue Relevant Provisions in the Transition Schedule Section 1. State Revenue Power Section 2. Non-Property Taxes—Classification, Exemptions, Deductions, Allowances and Credits Section 3. Limitations on Income Taxation Section 4. Real Property Taxation Section 5. Personal Property Taxation Section 6. Exemptions from Property Taxation Section 7. Overlapping Taxing Districts Section 8. Tax Sales Section 9. State Debt Section 10. Revenue Article Not Limited Article X: Education Relevant Provisions in the Transition Schedule Section 1. Goal—Free Schools Section 2. State Board of Education—Chief Educational Officer Section 3. Public Funds for Sectarian Purposes Forbidden Article XI: Environment Relevant Provisions in the Transition Schedule Section 1. Public Policy—Legislative Responsibility Section 2. Rights of Individuals Article XII: Militia Section 1. Membership Section 2. Subordination of Military Power Section 3. Organization, Equipment and Discipline Section 4. Commander-in-Chief and Officers Section 5. Privilege from Arrest Article XIII: General Provisions Section 1. Disqualification for Public Office Section 2. Statement of Economic Interests Section 3. Oath of Affirmation of Office Section 4. Sovereign Immunity Abolished Section 5. Pension and Retirement Rights Section 6. Corporations Section 7. Public Transportation Section 8. Branch Banking Article XIV: Constitutional Revision Section 1. Constitutional Convention Section 2. Amendments by General Assembly Section 3. Constitutional Initiative for Legislative Article Section 4. Amendments to the Constitution of the United States Table of Cases Bibliography Index A B C D E F G H I J K L M N O P Q R S T U W The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume contains a historical overview of the state's constitutional development, a section-by-section analysis of its constitution, and a bibliography. This series provides the essential reference tools for understanding state constitutional law. Book jacket