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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 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.
Is the case for an Illinois Constitutional Convention really IRONCLAD? On November 4th, 2008, Illinois citizens will have a once in a generationopportunity to call a Constitutional Convention. If you stop reading thisbook after this paragraph, please take away this singularly importantmessage. *If a better Illinois and a more honest government is your goal,then there is no intellectually sound reason to vote "No" on this ballotquestion. *This book will prove that proposition. The authors will take you through the trials and tribulations confrontingIllinois, while showing that our sad state of affairs is a direct result ofthe perhaps well-intentioned, but poorly written and conceived Constitutionof 1970. Unlike many who simply "curse the darkness" of Illinois politics, this bookshines the light of reason of how we got here and how to find our way back.The authors lay out a clear case that the problem with the IllinoisConstitution is directly related to its massive transfer of power *from* thecitizens *to* the Government. The book continues with numerous proposals that make for an elegant andconcise set of solutions to the problems that plague Illinois (complete withmodel language). The book has the audacity to propose that we return powerto the citizens of Illinois.Author Bio: *John C. A. Bambenek* is currently an academic professional at theUniversity of Illinois in Urbana specializing in information securityresearch particularly in the areas of identity theft, economic warfare,emerging threats and digital forensics. He is considered an expert in thefield and has been cited numerous times by the New York Times, WashingtonPost and other news media. He once was a guest on the Daily Show with JonStewart. Additionally, he is executive director of the Tumaini Foundation, anorganization that is assisting AIDS orphans and other disadvantaged childrenin Tanzania to get an education. It is his belief that education providesthe key to economic prosperity for both the individual and a society and isa strong advocate for effective education for youth. He co-founded the Illinois Citizens Coalition and wrote Illinois DeservesBetter because he believes the problems Illinois faces are systemic andproducts of a constitution that gives far too much power to the entrenchedinterests in the state. *Bruno Behrend* is a lifelong Illinois resident who grew up in Lake Forest,Illinois, graduated from University of Illinois (1983) with a degree inFinance and from IIT-Kent College of Law (1990). Mr. Behrend is currently the Host of the Extreme Wisdom Radio Show on WKRS -1220 AM broadcasting out of Waukegan, Illinois. The Extreme Wisdom Radioshow features cultural and political discussion ranging acrossinternational, national, state, and local issues, but with a strong focus onthe State of Illinois. The hallmark of the show is his commitment toallowing his callers to voice their views without rude interruption. The Extreme Wisdom Show is a great mix of college level content andconservative ideas, delivered in an intelligent, polite manner that mosttalk show hosts seem incapable of. He describes his show as a lesspretentious and less slanted NPR. Bruno has a background as a database consultant to the not-for-profitcommunity and was formerly Field Director for FreedomWorks in Illinois. He has abackground in various areas, including: Public Policy Research, DatabaseConsulting (specialist in fundraising software), Real Estate Investing andDevelopment, Corporate Seminar and Training Development. His current project is securing the passage of a referendum on theConstitutional Convention in November of 2008. Mr. Behrend is advocatingreforms that, if ratified, will return control of Illinois policy-making tothe citizens of Illinois by reducing the power of the dysfunctional Illinoispolitical class. To that end, Bruno has formed the Illinois Citizens Coalition, an IllinoisPolitical Action Committee dedicated to informing Illinois citizens aboutthe many positive opportunities offered by a Constitutional Convention.
The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A 32-page student worktext designed for the study of the Illinois state constitution and government. Used by schools across the state to meet the required study of the Illinois Constitution.