Justice Brennan wrote: “State constitutions, too, are a font of individual liberties, their protections often extending beyond those required by the Supreme Court’s interpretation of federal law.” One way state constitutions may provide greater individual protections is that they often contain more enumerated protections than the Federal Constitution.
William Brennan, State Constitutions and the Protection of Individual Rights, 90 HARV. L. REV. 489, 491 (1977).
As one example, the bill of rights of the Illinois Constitution contains twenty-five separate provisions, and several of those provisions provide for multiple rights. ILL. CONST. of 1970 art. I. For instance, article I, section 6 of the Illinois Constitution protects against unreasonable searches and seizures as well as unreasonable invasions of privacy and unreasonable interceptions of communications. Id. art. I, § 6.
Logically, only the state’s voters need to approve an amendment to their state’s constitution. But to ratify an amendment to the United States Constitution, thirty-eight states must approve. See U.S. CONST. art. V. Article XIV of the Illinois Constitution governs “constitutional revision” and provides for amendment through constitutional convention on the initiative of the General Assembly, or for structural or procedural subjects—amendments to the legislative article—by popular initiative. ILL. CONST. of 1970 art. XIV. Amendments to the Illinois Constitution require a three-fifths majority.
The Illinois Constitution contains other individual rights and protections throughout. For instance, in 2014, the Illinois voters amended article III—which governs suffrage and elections—to prohibit voter discrimination. Under that provision, no person shall be denied the right to register to vote or to cast a ballot “based on race, color, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income.” That constitutional amendment demonstrates how society’s concern with different types of discrimination has evolved over the last forty years from the concerns and motivations of the framers and voters in 1970. While the protections against discrimination based on race, ethnicity, and sex have remained consistent over that time, this amended provision manifests an additional concern with discrimination on the basis of sexual orientation, which the framers did not discuss at the 1970 constitutional convention.
SECTION 1. INHERENT AND INALIENABLE RIGHTS
All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed.
(Source: Illinois Constitution.)
SECTION 2. DUE PROCESS AND EQUAL PROTECTION
No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
(Source: Illinois Constitution.)
SECTION 3. RELIGIOUS FREEDOM
The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.
(Source: Illinois Constitution.)
SECTION 4. FREEDOM OF SPEECH
All persons may speak, write and publish freely, being responsible for the abuse of that liberty. In trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.
(Source: Illinois Constitution.)
SECTION 5. RIGHT TO ASSEMBLE AND PETITION
The people have the right to assemble in a peaceable manner, to consult for the common good, to make known their opinions to their representatives and to apply for redress of grievances.
(Source: Illinois Constitution.)
SECTION 6. SEARCHES, SEIZURES, PRIVACY AND INTERCEPTIONS
The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.
(Source: Illinois Constitution.)
SECTION 7. INDICTMENT AND PRELIMINARY HEARING
No person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine or by imprisonment other than in the penitentiary, in cases of impeachment, and in cases arising in the militia when in actual service in time of war or public danger. The General Assembly by law may abolish the grand jury or further limit its use. No person shall be held to answer for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause.
(Source: Illinois Constitution.)
SECTION 8. RIGHTS AFTER INDICTMENT
In criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation and have a copy thereof; to be confronted with the witnesses against him or her and to have process to compel the attendance of witnesses in his or her behalf; and to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.
(Source: Amendment adopted at general election November 8, 1994.)
SECTION 8.1. CRIME VICTIMS' RIGHTS.
(a) Crime victims, as defined by law, shall have the following rights:
(1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.
(2) The right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information, or communications which are privileged or confidential by law.
(3) The right to timely notification of all court proceedings.
(4) The right to communicate with the prosecution.
(5) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing.
(6) The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused.
(7) The right to timely disposition of the case following the arrest of the accused.
(8) The right to be reasonably protected from the accused throughout the criminal justice process.
(9) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.
(10) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
(11) The right to have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of the victim's choice.
(12) The right to restitution. (b) The victim has standing to assert the rights enumerated in subsection (a) in any court exercising jurisdiction over the case. The court shall promptly rule on a victim's request. The victim does not have party status. The accused does not have standing to assert the rights of a victim. The court shall not appoint an attorney for the victim under this Section. Nothing in this Section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. (c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights. (d) Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation, attorney's fees, or damages against the State, a political subdivision of the State, an officer, employee, or agent of the State or of any political subdivision of the State, or an officer or employee of the court. (e) Nothing in this Section or any law enacted under this Section shall be construed as creating (1) a basis for vacating a conviction or (2) a ground for any relief requested by the defendant.
(Source: Amendment adopted at general election November 4, 2014.)
SECTION 9. BAIL AND HABEAS CORPUS
All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person. The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when the public safety may require it. Any costs accruing to a unit of local government as a result of the denial of bail pursuant to the 1986 Amendment to this Section shall be reimbursed by the State to the unit of local government.
(Source: Amendment adopted at general election November 4, 1986.)
SECTION 10. SELF-INCRIMINATION AND DOUBLE JEOPARDY
No person shall be compelled in a criminal case to give evidence against himself nor be twice put in jeopardy for the same offense.
(Source: Illinois Constitution.)
SECTION 11. LIMITATION OF PENALTIES AFTER CONVICTION
All penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship. No conviction shall work corruption of blood or forfeiture of estate. No person shall be transported out of the State for an offense committed within the State.
(Source: Illinois Constitution.)
SECTION 12. RIGHT TO REMEDY AND JUSTICE
Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly.
(Source: Illinois Constitution.)
SECTION 13. TRIAL BY JURY
The right of trial by jury as heretofore enjoyed shall remain inviolate.
(Source: Illinois Constitution.)
SECTION 14. IMPRISONMENT FOR DEBT
No person shall be imprisoned for debt unless he refuses to deliver up his estate for the benefit of his creditors as provided by law or unless there is a strong presumption of fraud. No person shall be imprisoned for failure to pay a fine in a criminal case unless he has been afforded adequate time to make payment, in installments if necessary, and has willfully failed to make payment.
(Source: Illinois Constitution.)
SECTION 15. RIGHT OF EMINENT DOMAIN
Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
(Source: Illinois Constitution.)
SECTION 16. EX POST FACTO LAWS AND IMPAIRING CONTRACTS
No ex post facto law, or law impairing the obligation of contracts or making an irrevocable grant of special privileges or immunities, shall be passed.
(Source: Illinois Constitution.)
SECTION 17. NO DISCRIMINATION IN EMPLOYMENT AND THE SALE OR RENTAL OF PROPERTY
All persons shall have the right to be free from discrimination on the basis of race, color, creed, national ancestry and sex in the hiring and promotion practices of any employer or in the sale or rental of property. These rights are enforceable without action by the General Assembly, but the General Assembly by law may establish reasonable exemptions relating to these rights and provide additional remedies for their violation.
(Source: Illinois Constitution.)
SECTION 18. NO DISCRIMINATION ON THE BASIS OF SEX
The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts.
(Source: Illinois Constitution.)
SECTION 19. NO DISCRIMINATION AGAINST THE HANDICAPPED
All persons with a physical or mental handicap shall be free from discrimination in the sale or rental of property and shall be free from discrimination unrelated to ability in the hiring and promotion practices of any employer.
(Source: Illinois Constitution.)
SECTION 20. INDIVIDUAL DIGNITY
To promote individual dignity, 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 of or by reference to religious, racial, ethnic, national or regional affiliation are condemned.
(Source: Illinois Constitution.)
SECTION 21. QUARTERING OF SOLDIERS
No soldier in time of peace shall be quartered in a house without the consent of the owner; nor in time of war except as provided by law.
(Source: Illinois Constitution.)
SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
(Source: Illinois Constitution.)
SECTION 23. FUNDAMENTAL PRINCIPLES
A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty. These blessings cannot endure unless the people recognize their corresponding individual obligations and responsibilities.
(Source: Illinois Constitution.)
SECTION 24. RIGHTS RETAINED
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State.
(Source: Illinois Constitution.)
SECTION 25. WORKERS' RIGHTS
(a) Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment. (b) The provisions of this Section are controlling over those of Section 6 of Article VII.
(Source: Amendment adopted at general election November 8, 2022.)
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