Coming in November, 2008

Article 14 of the 1970 Illinois Constitution mandates that voters be given the opportunity to call a constitutional convention (referred to as a con-con) every 20 years unless the General Assembly calls for a con-con referendum before that. Con-con will be on your ballot at the November, 2008, general election.

If voters pass the con-con referendum, they will then elect 118 delegates to the convention, two from each of the 59 state senatorial districts. The convention will meet within three months after the election of delegates.

Delegates' duties are set forth in Article 14: "The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention's adjournment."

Passage of the 2008 con-con referendum will require approval by three-fifths of those voting on the question or a majority of those voting in the election. You can read the 1970 Illinois Constitution, annotated for legislators, fourth edition, at www.ilga.gov/commission/lru/ILConstitution.pdf. Article 14 is on page 113. Cick here to read the text at www.illinoisconcon.com

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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Are Illinois Citizens Relegated To Second Class Citizenship?

• Do the citizens of Illinois deserve to have the same rights as the citizens of other states in directing and controlling their state and local governments?

• Do the citizens of Illinois deserve to have the same rights as the citizens of other states in protecting their liberty, livelihoods, and property from encroachment?

The 2008 opportunity to reform Illinois government
will not be repeated for another 20 years — in the year 2028.

• Do the citizens of Illinois deserve 20 more years of today's political climate?

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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Some changes citizens could make at a con-con

Since the current Illinois Constitution was passed about four decades ago, the state and many Illinois communities have declined. The state totters near bankruptcy; Illinois is compared with New Jersey as one of the most politically corrupt states in the nation; more than half the citizens polled before the last election didn't want either of the major parties' candidates for governor; political pandering is ubiquitous and major issues are ignored.

Changing politicians ultimately changes nothing. It's a political axiom that elected Democrats and elected Republicans have more in common with each other than they do with the citizens who elect them. With rare exceptions, a politician is a politician, and expecting politicians to change is like expecting wolves to become vegetarians.

If you want change, the November 2008 con-con referendum is where you can begin to realize real change. Already private citizens and citizens' groups have begun addressing important constitutional issues and changes that could be made at a con-con. A partial listing follows.

The issue: recalling politicians in mid-term

• Some have described the Illinois governor's office as the waiting room for a federal penitentiary. Others cite corruption or incompetence as chronic problems at all levels of government. Should Illinois citizens have the same right to recall corrupt and incompetent politicians in mid-term as citizens of other states have?

The issue: legislative district gerrymandering

• Illinois has been cited as the worst state -- not one of the worst, but THE worst state in the nation -- for gerrymandered legislative districts that rob citizens of their votes, assure the reelection of incumbents, and favor the controlling political party. Winnebago County State's Attorney Paul Logli has called for nonpartisan redistricting and cited the Iowa process as a model for assuring fair elections. Should Illinois citizens mandate nonpartisan redistricting to secure the same opportunity for fair elections as citizens of other states have?

The issue: majority funding of education at the state level

• Educators are continually begging for help from Illinois legislators who underfund education, aided and abetted by state courts that define majority funding of education at the state level under the 1970 Constitution as a mere "goal," not a requirement. The Illinois Association of School Boards already has endorsed passage of the November 2008 con-con referendum. Should we join the Illinois Association of School Boards with an amendment to mandate majority funding of education at the state level as a requirement?

The issue: political careerism

• Some see political careerism as inimical to the public interest because it encourages office holders to focus on their personal interests at the expense of the public interest. Should we discourage political careerism by prohibiting health insurance and pension benefits for legislators and other part-time legislative positions? Should citizens be allowed to set pay levels for government officials at general elections, including provision for both pay raises and pay reductions?

The issue: restructuring state government

• Some suggest the Illinois legislature is too large or too small or should be restructured to have only one chamber instead of having both a state Senate and a state House of Representatives. Others suggest the legislature should be limited to meeting only once every two years. Still others, including the National Civic League, focus on reducing the bureaucracy by having all executive powers vested in the governor's office and eliminating other elected positions, including lieutenant governor, secretary of state, attorney general, and auditor. Should Illinois government be streamlined to conform with recommendations of the National Civic League?

The issue: term limits

• Some see the flow of special interest money to politicians, particularly to incumbent career politicians, as a corrupting influence. Should we discourage political careerism by imposing term limits on elected officials?

The issue: citizen initiative

• Citizens of other states have the power of initiative, the right and process empowering citizens to propose laws by petition and to ensure submission of their proposals to the electorate. Should Illinois citizens have the same power of initiative that citizens of other states have?

The issue: citizen control of home rule governing bodies

• Many states assign powers of local government to the citizens by allowing or mandating local citizens to create a home rule constitution or charter in which the citizens define what home rule powers they want local politicians to exercise by virtue of holding office, what home rule powers they want local politicians to exercise only with consent of the voters, and what powers they do not want local politicians to exercise. The 1970 Illinois Constitution denies Illinois citizens that right. It also takes away citizens' right to vote on local community issues by arbitrarily imposing home rule without citizen consent when the population reaches 25,000. Should the citizens of Illinois have the same rights to control their local governments as citizens of other states have?

The issue: replacing property taxes and state income taxes

• The National Taxpayers Union in a bill before the U.S. Congress advocates that we eliminate all corporate and individual income taxes, payroll taxes, self-employment taxes, capital gains taxes, estate taxes and gift taxes — and replace them with a revenue-neutral personal consumption tax referred to in the bill before Congress as the FairTax bill. Should Illinois replace its tax structure with a similar tax?

The issue: discrimination against independent candidates

• Independent and third party candidates for public office report that the current Illinois Constitution discriminates against independent candidates for office by imposing conditions making it more difficult for independent candidates to get their names on the ballot. Should Illinois encourage or at least cease discouraging independent candidates for public office in Illinois by making petition requirement the same for everyone?

The issue: state funding of state mandated programs

• Local public office holders complain that legislators and state government officials commonly impose mandates on local governments and school districts without funding those mandates. Should that practice be prohibited and replaced with a requirement that any state mandated programs imposed on local governments and school districts be fully funded by the state?

The issue: safeguarding public assets

• Many citizens have expressed dismay at politicians' readiness to sell public assets,  such as efforts to sell the Illinois Tollway to a private company, or to demolish public assets, such as Chicago Mayor Richard Daley's destruction of Meigs Field under cover of darkness without consent of concerned parties — and for which the citizens, not the mayor, were forced to pay tens of thousands of dollars in fines. Should stronger constitutional protection of public property be provided to safeguard public assets and hold public officials personally liable for abuses?

The issue: protecting private property

• In the wake of the U.S. Supreme Court's ruling that government can use eminent domain to take the private property of one citizen and give it to another citizen under the guise of so-called development, there have been efforts through legislation to protect citizens' private property from similar abuses of eminent domain. Because legislation is subject to change at the whim of legislators, should a more explicit and enduring constitutional safeguard be enacted to assure that the property of Illinois citizens will be safe from predators exercising political clout in concert with capricious courts?

The issue: a broad range of citizens' concerns

• New technology and other developments in the first decade of the 21st century have raised numerous issues for consideration, including citizens' concerns and complaints about corporate policies and practices of banks, credit card companies, insurance companies, and other commercial enterprises doing business in Illinois; privacy and personal relationship issues; crippling energy and health care costs; government debt; prohibitive insurance costs and litigation driving physicians from Illinois; the increasing numbers of homeless and aged; and the poverty and suffering, particularly of women and children, in the wake of family dissolutions.

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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The time to start is now

1. Plan to vote for the November 2008 referendum to convene an Illinois Constitutional Convention.

2. Begin immediately to talk with neighbors about supporting the referendum. Most will be unaware of this opportunity.

3. Write letters to the editor supporting the November 2008 con-con referendum. It will help educate more citizens.

4. Tell your neighbors about this Illinoisconcon.com website, e-mail it to your friends, and watch for updates.

5. Have neighborhood gatherings to discuss the con-con and issues you and your neighbors want addressed.

6. Encourage your civic and church groups to discuss con-con.

7. If you need a speaker for your meetings, call 815.968.6601.

8. Think about running as a delegate to the con-con yourself.

9. Seek out other citizens you think would truly represent the public interest at the con-con. Encourage them to run.

10. Endorse and support only those candidates who will promise to submit each amendment to the voters as a separate question for voters to approve or reject. Grouping all amendments as one question and forcing voters to approve all or none is unfair to the voters.

11. Remember that government office holders and others who rely on state and local governments for funding are at a disadvantage as delegates because they have an inherent conflict of interest.

12. Be prepared for professional politicians' efforts to thwart citizen reform of Illinois government and to short-circuit con-con by filling the delegates' ranks with machine politicians and their cohorts — as some say happened in 1970. That is why it is important for you to start now.

13. Plan, organize, act. If you need help, call 815.968.6601.

14. Encourage area educators to take advantage of this opportunity to help their students understand the struggle for and fragile nature of human liberty, the importance of our constitutional system in respecting human dignity, and the role of our constitutional system in protecting citizens' lives, liberty, livelihood, and property from encroachment.

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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Why Constitutions Matter

Recently I was asked to address a group of business leaders about Illinois' flawed version of so-called home rule. Included in the group were brilliant young business leaders whose ignorance of basic government was alarming. Many did not know the difference between an article of the constitution and a state statute or city ordinance. "General Background For The Principle Of Constitutional Government" and "Additional General Background From The National League Of Cities" are included here to correct that deficiency.

In brief, a constitution is a set of enduring principles and rules citizens of a community formulate to control the actions of politicians and to protect their liberty, livelihoods, and property from government encroachment. Constitutions prescribe a government's nature or role, describe its functions, and set its limits. Statutes and ordinances are laws politicians pass to apply a constitution's principles and rules to specific situations.

Two frequently cited fundamental principles underlie American liberty and protect citizens from practices common in totalitarian states. The first principle is that the rights of humankind come from the hand of God, not from the state. The second is that legitimate governments derive their just powers from the consent of the governed. History tells us those fundamental principles are always at issue here and around the world. History also tells us it is the nature of power to corrupt and of governments to encroach. That is why the price of liberty is eternal vigilance by the citizenry and that is why constitutions matter. — John Gile

 

General Background For The Principle Of Constitutional Government, Also Known As Government Of The People, By The People, And For The People (From an Ohio document):

Sources Of State Authority
The People

On this continent in the 1700s there was conceived the new concept that all governmental authority is derived from the people. Throughout the prior history of humankind, the people were granted those rights that the governmental rulers wished to give them. Following are some examples of early writings that portray this new concept.

Declaration of Independence, July 6, 1776

"... Governments ... derive(ing) their just powers from the consent of the governed, ...."

Articles of Confederation, 1777

"...the free inhabitants of each of these states, ... , shall be entitled to all privileges and immunities of free citizens in the several states; ..."

Northwest Ordinance of 1787

This ordinance guaranteed freedom of mode of worship or religious sentiment, benefits of writs of habeas corpus and trial by jury, bail, proportionate representation, judicial proceedings according to the course of common law, and the right to not be deprived of property without just compensation.

Constitution of the United States, 1789

"We, the people of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The U.S. Constitution defines the power delegated to the U.S. Government. All other power is reserved to the states or retained by the people.

The first 10 amendments to the Constitution, effective in 1791 and known as the Bill of Rights, outline some of the limits of law. The ninth amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

In addition, the tenth amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people."

First Ohio Constitution, 1802

Preamble : "We, the people ...."

Article VIII, Section 28, says that "To guard against the transgression of high powers, which we have delegated, we declare, that all powers not hereby delegated remain with the people." The present Ohio Constitution, 1851, contains similar language in Article I, Section 20.

Thomas Jefferson,1820

"I know of no safe depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."

Constitutions

Constitutions and other related documents are used in this country to define which powers are delegated to the national government, which are reserved by the states and which are retained by the people. The most important of these documents are listed below, including some of their effects upon local government.

Articles of Confederation, 1777

This provided the authority for the issuance of an ordinance for the governance of the "western lands" ceded by New York, Virginia, Massachusetts and Connecticut.

The Northwest Ordinance of 1787

This document superseded the previous ordinance and provided the first organizational structure for what eventually became five states in the district northwest of the Ohio River. The ordinance established a Governor, Secretary, Court and Magistrates.

It provided that counties and townships could be established in those areas where Indian rights had expired.

It provided that, when the population of the district reached 5,000, representatives to a general assembly could be elected from counties and townships, one for every 500 free male inhabitants until the number of representatives reached 25. A representative must own 200 acres of land and a voter 50 acres.

The first General Assembly of the district met in Cincinnati in 1799. The second met in Chillicothe in 1801 and 1802.

The ordinance provided for the establishment of five original states, which could be implemented when the population of the state reached 60,000. In 1802, Congress authorized the formation of a state government for Ohio.

The Northwest Ordinance was probably the most important document in shaping territorial boundaries and governmental structures in the Northwest Territory.

Constitution of the United States, 1789

The Constitution provided for the admittance by Congress of new states.

Additional General Background From The National League Of Cities:

The Constitution of the United States of America does not mention local governments. Local governments are created by and regulated by the states. This means that to speak about cities or other forms of local government in the United States is to speak about fifty different legal and political situations.

The states outline the powers of municipal governments in charters. There may be: special or specific charters; general or classified charters (in which the rules may apply to a class of cities, often grouped by population size); or home rule charters. The state municipal leagues can provide information about the form of charter provided in state constitutions.

A city charter is the basic document that defines the organization, powers, functions and essential procedures of the city government. It is comparable to the State Constitution and to the Constitution of the United States. The charter is, therefore, the most important single legal document of any city.

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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"Every government degenerates when trusted to the rulers of the people alone." Thomas Jefferson

"There are those who fear and distrust the people and wish to draw all powers from them into the hands of the 'higher classes,' and there are those who identify themselves with the people, have confidence in them, cherish and consider them the safest and most honest, if not always the wisest repository of the public interest... Every government degenerates when trusted to the rulers of the people alone." Thomas Jefferson

Opposition to con-con will come from all those who benefit by the status quo and fear any citizen involvement in government that they see as a threat to their own positions of power and privilege.

Opposition to con-con will come from elitists who believe they know better than the people themselves what is in the best interest of the people.

Opposition to con-con will come from special interest groups who have access to the public purse and fear reform that threatens to cut off their access to public funds.

Opposition to con-con will come from interest groups who fear the full and open discussion of ideas in the public forum.

Opposition to con-con will come from interest groups who can manipulate and control politicians but who are powerless to manipulate and control the entire electorate.

Opposition to con-con will come from those who would suggest that ordinary citizens are not competent to address complex government issues.

Opposition to con-con will come from well-meaning but misguided men and women who do not trust the voters and who would suppress the exercise and expression of true liberty.

"The challenge to our liberties," Supreme Court Justice William O. Douglas reminded us, "comes frequently not from those who consciously seek to destroy our system of government, but from men and women of goodwill, good men and women who allow their proper concerns to blind them to the fact that what they propose to accomplish involves an impairment of liberty . . . Their motives are often commendable. What we must remember, however, is that preservation of liberties does not depend on motives. A suppression of liberty has the same effect whether the suppressor be a reformer or an outlaw."

Our nation exists today because of our greatest citizen's unswerving devotion to government of the people, by the people, and for the people. May the example of his character and commitment in the face of agonizing trials and powerful opposition strengthen our resolve to correct the flaws in our state's central document and show the world Illinois truly is the Land of Lincoln.

(Copyright 2006 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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Questions I am asked frequently include:

1. If voters call for a Constitutional Convention at the November 4, 2008, general election, when will the convention be held? (See Answer to Question Number One below.)

2. How does a citizen become a delegate to the Constitutional Convention? What are the requirements? (See Answer to Question Number Two below.)

Constitution of the State of Illinois
ARTICLE XIV
CONSTITUTIONAL REVISION

SECTION 1. CONSTITUTIONAL CONVENTION

(a) Whenever three-fifths of the members elected to each house of the General Assembly so direct, the question of whether a Constitutional Convention should be called shall be submitted to the electors at the general election next occurring at least six months after such legislative direction.

(b) If the question of whether a Convention should be called is not submitted during any twenty-year period, the Secretary of State shall submit such question at the general election in the twentieth year following the last submission. (November 4, 2008) (c) The vote on whether to call a Convention shall be on a separate ballot. A Convention shall be called if approved by three-fifths of those voting on the question or a majority of those voting in the election.

Answer to Question Number One

(d) The General Assembly, at the session following approval by the electors, by law shall provide for the Convention and for the election of two delegates from each Legislative District; designate the time and place of the Convention's first meeting which shall be within three months after the election of delegates; fix and provide for the pay of delegates and officers; and provide for expenses necessarily incurred by the Convention.

Answer to Question Number Two

(e) To be eligible to be a delegate a person must meet the same eligibility requirements as a member of the General Assembly. Vacancies shall be filled as provided by law.

(f) The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention's adjournment. Any revision or amendments proposed by the Convention shall be published with explanations, as the Convention provides, at least one month preceding the election.

(g) The vote on the proposed revision or amendments shall be on a separate ballot. Any proposed revision or amendments shall become effective, as the Convention provides, if approved by a majority of those voting on the question.

(Copyright 2007 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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Never Vote For A Lawyer is a citizen-action manifesto by an attorney and a journalist with divergent views but common goals: greater citizen control of government at all levels and greater appreciation for the principles which preserve government of the people, by the people, and for the people.

Never Vote For A Lawyer is optimistic about our future despite recent polls reflecting citizen disdain for officeholders from both major parties and showing that fewer than one in five Americans consider our Justice system fair or honest or just.

The authors blend humor with thought provoking assessments and recommendations that entertain, motivate, inspire, and edify.

Never Vote For A Lawyer is a paperback published by JGC/United Publishing and retailing for $13.95. Call 815.968.6601 for information.

(Copyright 2008 by John Gile. All rights reserved. Permission Requests: 815/968-6601.)

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