Illinois State Constitution vis-à-vis Federal Constitution
Summary :
Table of Contents
- 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
Abstract
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.
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.
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