Cecily Zamora
In the state of Illinois, US, eighth-grade students are required to pass a Constitution test to graduate from public school. The test covers the US Constitution and the Illinois Constitution, which includes rights not present in the US Constitution. The Illinois Constitution test is also required for high school equivalency candidates and can be taken independently online. The test is designed to ensure students understand the fundamentals of civics and democracy, including the separation of powers and the rights and responsibilities outlined in the constitutions.
| Characteristics | Values |
|---|---|
| Name of the test | Illinois State Constitution and Flag Test (“Constitution Test”) |
| Requirement | To graduate from eighth grade, Illinois public school students have to pass this test covering the U.S. and Illinois constitutions |
| Test format | Schools design their own exams, many are shifting away from multiple-choice tests in favor of short, written answers or other assessments that stress critical thinking |
| Time to complete | Estimated to take two hours |
| Proctoring | Does not require proctoring at a testing center |
| Online availability | Available for free at http://ilconstitution.org/ |
| Previous test | Testing centers will no longer offer the previous constitution test |
| Exemptions | Students who completed the previous Constitution Test or can demonstrate passing the Constitution Test in high school do not need to complete the new Constitution Module |
| Amendments to the Illinois Constitution | People of Illinois have to vote on it; ⅗ of each house of the General Assembly must agree |
| Number of articles in the Illinois Constitution | 14 |
| Legislative power of Illinois | The General Assembly |
| Branches of the Illinois government | Legislative Branch, Executive Branch, Judicial Branch |
| Responsibilities of the states as per the U.S. Constitution | Provide for the health, safety, and welfare of the people; Maintain a representative and orderly government; Eliminate poverty and inequality |
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What You'll Learn
The three branches of the Illinois government
The Illinois state government is divided into three branches: the executive, legislative, and judicial. Each branch contributes to the law in different ways and is based in the state capital of Springfield.
The executive branch is led by the Governor, who is the chief executive and head of state. It is split into several statewide elected offices and has numerous departments, agencies, boards, and commissions. The executive branch implements and enforces the laws of the state.
The legislative branch, also known as the Illinois General Assembly, is a bicameral body consisting of the 118-member House of Representatives and the 59-member Senate. The legislative branch is responsible for creating legislation for the state of Illinois and can override gubernatorial vetoes through a three-fifths majority vote of each chamber.
The judicial branch, filled by the Illinois Supreme Court, is responsible for interpreting state and federal laws under its jurisdiction. The Supreme Court has limited original jurisdiction and has final appellate jurisdiction. It has mandatory jurisdiction in capital cases and cases where the constitutionality of laws has been called into question. The main roles in the Illinois Supreme Court are the chief justice and six other judges, all of whom are selected by the governor.
The Illinois Constitution grants certain rights not included in the U.S. Constitution. Additionally, it provides for a separation of powers between the three branches of government, preventing any one branch from becoming too powerful.
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How the Illinois Constitution can be amended
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process.
Citizen-Initiated Process
For an initiated constitutional amendment, citizens need to collect signatures equal to 8% of the votes cast for the governor in the previous gubernatorial election. The proposed amendment can only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. The amendment must then be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment.
Legislative Process
The state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Illinois General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies. Amendments approved by a three-fifths vote of the members elected to each house shall be submitted to the electors at the general election next occurring at least six months after such legislative approval. If approved by either three-fifths of those voting on the amendment or a majority of those voting in the election, the amendment becomes effective.
Constitutional Convention
According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1918. A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in favor. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.
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Responsibilities of the states as per the US Constitution
The US Constitution outlines the responsibilities and rights of state governments in relation to the federal government. The Tenth Amendment is a key component of this, reserving powers for states by limiting the federal government's ability to regulate or enforce policies on state governments. This amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This means that any powers not explicitly granted to the federal government are left to the states.
The Tenth Amendment is interpreted as advocating federalism, or the division of power between the federal and state governments. This helps maintain a balance of power and allows states the freedom to experiment with different policies. Traditionally, states have held "police powers" in areas such as health, education, and welfare. They also have a large role in areas like transportation, with many states having their own departments of transportation to oversee intrastate travel.
However, the federal government can still regulate certain areas, such as commercial activities within states. For example, the Commerce Clause grants the federal government broad powers to regulate interstate commerce, and the Supremacy Clause in Article VI establishes federal law as superior to state law. This was demonstrated in Gonzales v. Reich (2005), where the Supreme Court upheld the federal government's power to regulate homegrown marijuana, even in states where it had been legalized.
The Fourteenth Amendment, ratified in 1868, also imposed three new limits on state power: firstly, states cannot violate a citizen's privileges or immunities; secondly, they cannot deprive any person of life, liberty, or property without due process; and finally, they must guarantee all persons equal protection under the law. These limitations expanded the protections of the Constitution and made the Bill of Rights applicable to state and local governments.
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Differences between the Illinois and US Constitutions
The Illinois Constitution and the US Constitution differ in several ways. Firstly, the Illinois Constitution is a state constitution, specific to the state of Illinois, whereas the US Constitution is a national document that applies to the entire country. This difference in scope leads to variations in the content and focus of the two constitutions.
The Illinois Constitution has a different structure than the US Constitution, with a preamble and 14 articles, each addressing specific aspects of state governance. For example, Article IV of the Illinois Constitution is titled "The Legislature" and outlines rules for the Illinois General Assembly, while Article VIII is titled "Finance" and covers financial matters for the state. In contrast, the US Constitution is divided into the upper and lower houses, representing the bicameral system of governance.
The Illinois Constitution also includes provisions that are not present in the US Constitution. For instance, Section 18 of the Illinois Constitution prohibits discrimination based on sex, and Section 19 prohibits discrimination based on physical or mental handicaps. Additionally, the Illinois Constitution establishes rules for holding public office, sets rules for the state militia, and provides for public transportation.
Another difference lies in the process of amendment. The Illinois Constitution requires that voters be asked at least every 20 years if they desire a constitutional convention to consider amendments. In contrast, amendments to the US Constitution can be proposed by Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures.
Furthermore, the Illinois Constitution has undergone several revisions since its inception. Illinois has had four state constitutions, with the current version adopted in 1970, which has also seen subsequent amendments. The US Constitution, on the other hand, has been amended 27 times since its ratification in 1789.
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Methods of limiting government power
To graduate from the eighth grade in Illinois, students are required to pass a Constitution test covering the U.S. and Illinois constitutions. One of the topics covered in this test is the methods of limiting government power. Here are some paragraphs describing these methods in detail:
Separation of Powers
The U.S. Constitution and the Illinois Constitution establish a separation of powers by dividing the government into three branches: the legislative, executive, and judicial branches. This distribution of power prevents any single branch from becoming too powerful. The legislative branch makes laws, the executive branch enforces them, and the judicial branch interprets them.
Checks and Balances
The three branches of government also have checks and balances on each other's power. For example, the legislative branch can pass laws, but the executive branch can veto them, and the judicial branch can declare them unconstitutional. This system of checks and balances ensures that no branch can dominate the others and helps maintain a balance of power.
Individual Rights and Liberties
Both the U.S. and Illinois Constitutions include a Bill of Rights, which guarantees certain fundamental rights and liberties to the people. These rights limit government power by establishing boundaries that the government cannot cross. For example, the Fourth Amendment protects people from unreasonable searches and seizures, limiting the government's power in this area.
Amendments
The process of amending the constitutions is deliberately challenging. In Illinois, for example, amending the constitution requires a vote by the people of Illinois and agreement by ⅗ of each house of the General Assembly. This makes it difficult for the government to infringe on the rights and liberties of its citizens by changing the fundamental laws of the land.
Citizen Participation
Citizens can influence and limit government power through various means, such as writing or calling their representatives, participating in town halls, testifying at public hearings, or taking part in marches and protests. They can also interact with the judicial system by serving on a jury, becoming a lawyer or judge, or filing a lawsuit. Active citizen participation helps hold the government accountable and ensures it acts in the best interests of the people.
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Frequently asked questions
It is a test covering the U.S. and Illinois Constitutions that Illinois public school students must pass to graduate from 8th grade.
The test covers the responsibilities given to states by the U.S. Constitution, the branches of the Illinois government, and how the Illinois Constitution can be amended.
Schools design their own exams, so the format varies. However, many schools are shifting away from multiple-choice tests towards short written answers or other critical assessments.
Yes, the Illinois Constitution Module is available online for free at ilconstitution.org. It is estimated to take two hours to complete and can be taken independently without proctoring.
The test is intended to ensure that students have a basic understanding of civics and their rights and responsibilities as citizens. It also provides an opportunity for students to reflect on and engage with the democratic process.
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