Illinois and United States Constitution Study Guide

Foundations and History of the Illinois State Constitution

Illinois became the $21^{st}$ state of the Union in $1818$. Throughout its history, the state has operated under four different constitutions, with the present constitution being adopted in $1970$. Like the United States Constitution, the Illinois Constitution includes a Bill of Rights; however, in the state document, this Bill of Rights is located at the very beginning in Article $1$.

The legislative authority of the state is vested in the Illinois General Assembly. The General Assembly consists of two bodies: the Illinois Senate and the Illinois House of Representatives. Members of the General Assembly must be at least $21$ years of age and are elected by the people. They meet in the state capital of Springfield to fulfill their lawmaking responsibilities. While they make laws, they cannot create laws that treat the citizens of other states differently than the citizens of Illinois. The General Assembly can be called into special sessions by the Governor.

Structure and Districts of the General Assembly

The Illinois Senate is composed of $59$ members, each representing one of the $59$ legislative districts. Senators serve terms of four years, with a specific cycle where one two-year term occurs every ten years to accommodate redistricting. The Senate has the specific duty of approving appointments made by the Governor.

The Illinois House of Representatives consists of $118$ members from $118$ representative districts. Representatives serve two-year terms. The chief officer of the House is the Speaker. The House has the exclusive power to start impeachment proceedings. Both houses receive the same salary, which is not the same as the Governor's salary. If the General Assembly passes a bill, the Governor has $60$ days to consider it. To override a Governor's veto, a three-fifths ($\frac{3}{5}$) vote is required in both houses.

The Executive Branch of Illinois

The executive power is headed by the Governor, who serves as the chief executive officer of the state. To serve as governor, an individual must be at least $21$ years of age (the transcript notes the age is not $40$) and serves a four-year term. The current Governor of Illinois is J.B. Pritzker. The Governor is the commander-in-chief of the state militia, known as the National Guard.

The Governor possesses the power to appoint many state officials and has the authority to veto bills. Unique to the executive is the "item veto," which allows the Governor to approve specific parts of a bill while rejecting others. In the event of the Governor's death or removal from office, the Lieutenant Governor becomes the Governor. Other key executive officers include the Secretary of State, who is responsible for maintaining records and issuing driver's licenses, and the Attorney General, who serves as the chief legal officer of the state.

The Judicial Branch and Local Government in Illinois

The Illinois judicial system is divided into three levels: the Circuit Courts (the general or main trial courts), the Appellate Courts, and the Illinois Supreme Court. The Supreme Court is the highest court in the state. Contrary to the federal system, the Illinois Supreme Court does not have nine justices (it has seven, though the test specifies the number is not nine). Illinois judges are usually selected by the people through elections. The courts have the power to declare laws unconstitutional and interpret the state constitution.

On a local level, Illinois is divided into $102$ counties. A "municipality" is defined as a city, village, or town created to provide necessary or desired services to residents. Local governments provide services such as building and zoning regulations, recreational facilities, and road construction, but they do not provide military protection. "Home Rule" refers to the power given to cities and towns to pass their own local ordinances.

Voting and Civil Rights in Illinois

To vote in an Illinois general election, a person must be a United States citizen, at least $18$ years old, a resident of Illinois for at least $30$ days, and registered to vote. General elections are held in even-numbered years on the Tuesday following the first Monday in November. In some specific cases, individuals who are $17$ years old may vote in primary elections if they will be $18$ by the time of the general election. Public issues placed on a ballot for voter approval are known as referendums.

The Illinois Constitution identifies protected classes that cannot be discriminated against regarding employment or housing; these classes include race, sex, and those with a disability or handicap.

Local Government: The City of Chicago

Chicago operates under a specific form of municipal government, typically characterized as a mayor-and-council system. In the city council, there are $50$ aldermen or women who represent the various wards of the city. The Mayor of Chicago has veto rights over measures passed by the City Council. To override a mayoral veto, a two-thirds ($\frac{2}{3}$) vote of the City Council is necessary.

Foundations of the United States Government

The United States government was first organized under the Articles of Confederation, which can be considered the nation's first constitution. However, the Anti-Federalists originally opposed the ratification of the current Constitution. James Madison is widely regarded as the "Father of the Constitution" and submitted the Virginia Plan, which proposed two houses of Congress with representation based on population. The "Great Compromise" was essential in solving the dispute over representation between large and small states.

The Declaration of Independence, written by Thomas Jefferson and signed in $1776$, preceded the Constitution. It outlines unalienable rights, including life, liberty, and the pursuit of happiness. The Preamble of the Constitution serves as the introduction, explaining the goals of the document, beginning with the phrase: "We the People of the United States in order to form a more perfect union…"

The Federal Legislative Branch: The U.S. Congress

Congress is the legislative branch responsible for making the country's laws, as well as raising, borrowing, and coining money. It is composed of the Senate and the House of Representatives. To pass a law over a presidential veto, a two-thirds ($\frac{2}{3}$) vote is required in both houses (the transcript notes that a three-fourths vote is incorrect). Under the "Elastic Clause" in Article $1$, Section $8$, Congress has broad powers to write laws concerning new and unexpected situations, such as space research or the Internet.

The House of Representatives has $435$ members, with each state having at least one representative. Members are elected every two years, and all revenue bills must originate in the House. The current Speaker of the House is Mike Johnson. The Senate consists of $100$ members—two from each state—who serve six-year terms. One-third ($\frac{1}{3}$) of the Senate is elected every two years. The Vice President, currently J.D. Vance, serves as the presiding officer of the Senate. The Senate has the power to approve or reject treaties.

The Federal Executive Branch and the Cabinet

The President serves as the chief executive and head of the executive branch. To become president, a person must be a natural-born citizen and at least $35$ years of age. Presidents serve four-year terms and are limited to two terms by the $22^{nd}$ Amendment. The president-elect assumes office on January $20^{th}$. Presidential power is checked by impeachment, the overriding of vetoes, and the Senate's power to refuse confirmation of appointments.

The Cabinet assists the President in enforcing laws. Key positions include:

• Secretary of State: Engages in affairs with foreign countries.

• Secretary of the Treasury: Responsible for the printing of money.

• Attorney General: The chief legal officer.

• Secretary of Agriculture: Promotes legislation to help farmers.

• Secretary of Labor: Enacts legislation for worker safety.

• Secretary of the Interior: Manages the natural resources of the country.

• Secretary of Homeland Security: Helps prevent terrorist attacks.

The Electoral College and Federal Elections

The President is officially elected by the Electoral College rather than the popular vote. There are a total of $538$ votes in the Electoral College, representing the total number of Senators ($100$), Representatives ($435$), and three electors for the District of Columbia. To be elected president, a candidate must receive a minimum of $270$ electoral votes.

The Federal Judicial Branch and Legal Principles

The Judicial Branch, headed by the Supreme Court, interprets laws and settles disputes. Marbury v. Madison established the precedent for judicial review, allowing the court to declare laws unconstitutional. Federal judges hold office for life unless removed by impeachment. The Supreme Court consists of an odd number of justices ($9$ total), ensuring that there are no tie votes.

Key legal concepts include:

• Federalism: The sharing of power between the federal, state, and local governments.

• Popular Sovereignty: The idea that the power to govern belongs to the people.

• Ex Post Facto Law: A law that makes an act illegal after the act was committed; such laws are prohibited.

• Census: A count of the population conducted every ten years to determine how many U.S. Representatives each state receives.

Constitutional Amendments and Symbols

There have been $27$ amendments to the U.S. Constitution. The first ten amendments are known as the Bill of Rights. Notable amendments include:

• $2^{nd}$ Amendment: The right to bear arms.

• $7^{th}$ Amendment: Guarantees a trial by jury.

• $13^{th}$ Amendment: Abolished slavery.

• $15^{th}$ Amendment: Prohibits states from denying the vote based on race.

• $22^{nd}$ Amendment: Limits the President to two terms.

• $26^{th}$ Amendment: Establishes the voting age as $18$.

The United States flag features $13$ stripes, representing the original colonies, and $50$ stars, representing the states. In a parade, the flag should be at the front, not the rear, of the procession.