Illinois state constitution vis-a-vis federal constitution
- Introduction
- The case of Quilici v. Village of Morton Grove
- Applying reasoning from U.S. v. Miller
- Pruneyard Shopping Center v. Robins
- State constitutions as the ultimate protectors of civil liberties
- People v. Caballes
- People v. Rolfingsmeyer
- Conclusion
In state constitutions, more rights are expressly enumerated than in the federal Bill of Rights. In Illinois, its constitution contains all of the protections afforded in the federal Bill of Rights and much of the same language as well. It also contains further rights such as Crime Victim’s rights, right to remedy and justice, freedom from imprisonment for debt and more. Also, in the Illinois constitution the guarantee that the state shall provide free public education is expressed in article X, section 1. These additional rights explicitly outlined by the Illinois Constitution are clearly protected by law.
Unfortunately, that is where the simple comparisons end. Quite often, state constitutions serve to further define the constitutional rights that have already been named in the federal Bill of Rights, by either expanding their scope or limiting it. Two court cases in Illinois are examples of how Illinois constitutional provisions have been analyzed as either apart from or complementary to amendments in the federal Bill of Rights.
[...] In contrast to Quilici, where the interpretation of the Illinois Constitution served to further refine the definition of the Second amendment right to bear arms, the interpretation of the state constitutional provision in Pruneyard was construed to expand the definition of the First Amendment right to freedom of speech. Seven years after the latest Illinois Constitutional Convention, Supreme Court Justice William J. Brennan Jr. applauds decisions made in the manner similar to Quilici and Pruneyard. In an article in the Harvard Law Review, Justice Brennan expresses his philosophy that state constitutions are the ultimate protectors of civil liberties. [...]
[...] Justice Brennan, however, cites encouraging state cases that demonstrated that federal decisions are not entirely persuasive authorities in California, New Jersey, South Dakota, Hawaii and other states. Id, at 499. His philosophy encourages state courts to take into consideration their own constitutions, separate from the U.S. Constitution, in order to maintain the important dualistic balance of federalism in the United States: both the federal and the state government are to remain equal sovereigns. Shirley S. Abrahamson and Charles G. Curtis, Jr., US Supreme Court information about State Constitutions and Individual Rights (Oxford U. [...]
How to Lobby, Literally
«Introduction. The communication process of lobbying. Acting as a secondary educator. The most important technique in a lobbyist's arsenal. The conversation between legislator and lobbyist. Conclusion. Works cited.»
«Since the United States' foundation, the people have constitutionally been granted the right to assemble and express themselves freely. The most effective assemblies over time have become the active voices of the people, pursuing fair legislation when deemed necessary through the lobbying of...»
Do brands suffering from the effects of aging could ever hope to find a second life?
«Summary. Introduction. Brands are racked by againg. Like Human beings, brands suffer from time. The identification of the origins of the brand aging : the audit of the brand. The dynamic of a brand relaunchment. The revitalization of the brand through an overall of its identity. The product offer, ...»
«Invisible, imperceptible, disquieting, time has now become a dominant concern in our societies. The fact is that the Human remains powerless to time. So the time has become both enemy and absolute covetousness; its control, a priceless Grail. Human is subject to time, he is forced to be subjected...»
Prison labor: an assessment of its role and appropriateness
«Introduction. The question of expediency of prison labour from the prisoner’s point of view. The controversial use of prison labour for the personal welfare of the prisoner. 2) Prison labour: an efficient tool for rehabilitation?. Advantages and risks that prison labour may represent for the...»
«"Labor is not only salutary because it is the opposite of idleness; but it is also contemplated that the convict, while he is not at work, shall learn business which would support him when he leaves the prison. The prisoners therefore are taught useful trades only; and among these, care is taken to...»
Conflict of laws, Exequature
«Introduction. Exequatur and its procedure. Qualification of exequatur. Exequatur linked with public order. Procedure. The competence of judge. The admissiblity to the claim. The litigation. The resolution of judgment. The qualification of disproportionate damages: a strict interpretation?. A...»
«Article 2412 of the civil code Difference between "exequatur" and "enforcement" even if it's the same etymology. Exequatur: suspensive effect CJCE, Deutsche Genossenschaft vs Soc. Brasserie du Pêcheur, 2 July 1985. CJCE, Hoffmann c. Krieg, 4 February 1988. The exequatur differs from the...»