Illinois Legislature

“ Government.—The Constitution of Illinois was formed by a convention held at Kaskaskia, in August, 1818. It provides for the distribution of the powers of government into three distinct departments,—the legislative, executive, and judiciary. The legislative authority is vested in a general assembly, consisting of a senate and house of representatives. Elections are held biennially, as are the ordinary sessions of the legislature. Senators are elected for four years.
The executive power is vested in the governor, who is chosen every fourth year, by the electors for representatives ”

“ The executive officials hold office for four years, with the exception of the treasurer, whose term of service is two years. The governor must be at least thirty years of age, and he must also have been a citizen of the United States and of Illinois for the five years preceding his election. His veto may be over-ridden by a two-thirds vote of all the members elected to the legislature. Members of the legislature, which meets biennially, are chosen by districts, three representatives and one senator from each of the 51 districts, 18 of which are in Cook county. ”

“ Of course no court can affirmatively remap the Illinois districts so as to bring them more in conformity with the standards of fairness for a representative system. At best we could only declare the existing electoral system invalid. The result would be to leave Illinois undistricted and to bring into operation, if the Illinois legislature chose not to act, the choice of members for the House of Representatives on a state-wide ticket. The last stage may be worse than the first. ”

“ In 1830 he removed with his parents to Illinois, and studied law and practiced at Springfield, where he had his home. In 1856 he was elected to the Illinois legislature, and in 1860 was speaker of the chamber. From 1865 to 1871 he represented his district in Congress, when he re-entered the Illinois legislature and once more became speaker. ”

“ It is the misfortune of legislatures in general, as it was in those days the peculiar misfortune of the Legislature of Illinois, to be beset by a multitude of gentlemen engaged in the exclusive business of "log-rolling." Chief among the "rollers" were some of the most "distinguished" members, each assisted by an influential delegation from the district, bank, or "institution" to be benefited by the legislation proposed. ”

“ Douglas was elected, but the vote showed that Illinois was becoming more Northern in sympathy, and two years later Lincoln, then candidate for the presidency, carried the state.
The policy of Illinois in the early period of secession was one of marked loyalty to the Union; even in the S. part of the state, where there was a strong feeling against national interference with slavery, the majority of the people had no sympathy with the pro-slavery men in their efforts to dissolve the Union. The legislature of 1861 provided for a war fund of $2,000,000 ”

“ L.Q. 101, 102-03 (1976) ; Nielson, In re Cary: A Judicial Recognition of Illicit Cohabitation, 25 Hastings L.J. 1226 (1974) ) reached the point at which the general welfare of the citizens of this State is best served by a return to something resembling the judicially created common law marriage our legislature outlawed in 1905?
Illinois' public policy regarding agreements such as the one alleged here was implemented long ago in Wallace v. Rappleye (1882) , 103 Ill. 229, 249, where this court said: "An agreement in consideration of future illicit cohabitation between the plaintiffs is void." ”

“ And be it further ordered that said bonds shall be in the sums of not less than one hundred nor more than one thousand dollars, payable at any time within twenty years from their date, at the option of the said county court, bearing interest at the rate of 7 per cent. per annum, and issued under the provisions of the act of the legislature of Illinois of November 6, 1849, and act of April 16, A. D. 1869, entitled 'An act to fund and provide for the paying of the railroad debts of counties, townships, cities, and towns. ”

“ The general assembly shall have full power to exclude from the privilege of electing or being elected any person convicted of bribery, perjury, or any other infamous crime. 31. In the year 1820 and every fifth year thereafter, an enumeration of all the white inhabitants of the state shall be made in such manner as shall be directed by law. 32. All bills for raising a revenue shall originate in the house of representatives subject, however, to amendment, or rejection as in other cases. ART. III. 1. The executive power of the state shall be vested in a governor. ”

“ The judges of the circuit courts shall receive a salary of $1,000 per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office or public trust of profit in this state, or the United States, during the term for which they are elected, nor for one year thereafter. All votes for either of them for any elective office (except that of judge of the supreme or circuit court) given by the general assembly, or the people, shall be void. ”

“ We, the people of the state of Illinois-grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations-in order to form a more perfect government, 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 state of Illinois. ”

“ Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt. (b) A home rule unit by referendum may elect not to be a home rule unit. (c) If a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction. ”

“ When any officer, the right of whose appointment is, by this constitution, vested in the general assembly, or in the governor and senate, shall, during the recess, die, or his office by any means become vacant, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the general assembly. ”

“ This seems to us another indication that public policy disfavors private contractual alternatives to marriage.
Lastly, in enacting the Illinois Marriage and Dissolution of Marriage Act, the legislature adopted for the first time the civil law concept of the putative spouse. The Act provides that an unmarried person may acquire the rights of a legal spouse only if he goes through a marriage ceremony and cohabits with another in the good-faith belief that he is validly married. When he learns that the marriage is not valid his status as a putative spouse terminates ”

“ Units of local government and school districts may contract or otherwise associate among themselves, with the State, with other states and their units of local government and school districts, and with the United States to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance. Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance. ”

“ There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settlements of their accounts ”

“ That no freeman shall be imprisoned or disseized of his freehold, liberties, or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land. And all lands which have been granted as a common to the inhabitants of any town, hamlet village, or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain common to the inhabitants of such tow n, hamlet, village, or corporation ”