FUN AND GUN WITH THE ILLINOIS CONSTITUTION
For reasons that shall remain unnamed, I was discussing the Illinois Constitution with a coworker. He had never read it, and I had not read it since the Constitution test in high school. Thanks to google, I had a copy in seconds. Recently, while skimming it, I came across a few choice things. First, unlike the United States Constitution, Illinois leads off with the interesting stuff. The Bill of Rights is first, with all of the detailed administrative stuff about government in the middle. Much more readable. Interestingly, for a Constitution adopted in 1970, the religious freedom section (Article I, Section 3) is pretty stern, stating that,
SECTION 3. RELIGIOUS FREEDOM
The free exercise and enjoyment of religious profession
and worship, without discrimination, shall forever be
guaranteed, and no person shall be denied any civil or
political right, privilege or capacity, on account of his
religious opinions; but the liberty of conscience hereby
secured shall not be construed to dispense with oaths or
affirmations, excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of the State.
No person shall be required to attend or support any ministry
or place of worship against his consent, nor shall any
preference be given by law to any religious denomination or
mode of worship.
We wouldn't want to go excusing acts of licentiousness now, would we?
In addition, I came across Article XII of the Illinois Constitution. Just so you don't think I'm monkeying with the truth, it is below in its entirety. See if you can pick my commentary out of the text:
ARTICLE XII
MILITIA
SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons
residing in the State except those exempted by law.
Hmmm. Am I in a militia? I reside in the state, and notwithstanding my little ice incident in Champaign, I feel pretty able bodied…
SECTION 2. SUBORDINATION OF MILITARY POWER
The military shall be in strict subordination to the
civil power.
Yeah, until they irritate us. Ooops. Sorry, channeling Latin American dictators again.
SECTION 3. ORGANIZATION, EQUIPMENT AND DISCIPLINE
The General Assembly shall provide by law for the
organization, equipment and discipline of the militia in
conformity with the laws governing the armed forces of the
United States.
They need to get off their dead asses here. I don't have a uniform, a gun, or ANYTHING. I favor Michael Jackson type uniforms, but Sergeant Pepper uniforms would be OK too.
SECTION 4. COMMANDER-IN-CHIEF AND OFFICERS
(a) The Governor is commander-in-chief of the organized
militia, except when they are in the service of the United
States. He may call them out to enforce the laws, suppress
insurrection or repel invasion.
(b) The Governor shall commission militia officers who
shall hold their commissions for such time as may be provided
by law.
SECTION 5. PRIVILEGE FROM ARREST
Except in cases of treason, felony or breach of peace,
persons going to, returning from or on militia duty are
privileged from arrest.
Well, it seems like I'm always on militia duty, so this could really come in handy.
By the way, there are some other interesting things. For instance, Article XIII, Section 4 makes the default no sovereign immunity, which reverses the general American trend of requiring a specific waiver of sovereign immunity. Sovereign immunity is a leftover from England when the monarch ruled in person. The monarch (or sovereign) had to consent to be sued in his own courts (hence, "immune" from suit). It is an inappropriate doctrine in a republic (where the people are the sovereigns), and I am glad that Illinois has generally waived it.
TIME WASTER
Because we all need to be able to waste time, check out the link forwarded me by my buddy F.
For reasons that shall remain unnamed, I was discussing the Illinois Constitution with a coworker. He had never read it, and I had not read it since the Constitution test in high school. Thanks to google, I had a copy in seconds. Recently, while skimming it, I came across a few choice things. First, unlike the United States Constitution, Illinois leads off with the interesting stuff. The Bill of Rights is first, with all of the detailed administrative stuff about government in the middle. Much more readable. Interestingly, for a Constitution adopted in 1970, the religious freedom section (Article I, Section 3) is pretty stern, stating that,
SECTION 3. RELIGIOUS FREEDOM
The free exercise and enjoyment of religious profession
and worship, without discrimination, shall forever be
guaranteed, and no person shall be denied any civil or
political right, privilege or capacity, on account of his
religious opinions; but the liberty of conscience hereby
secured shall not be construed to dispense with oaths or
affirmations, excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of the State.
No person shall be required to attend or support any ministry
or place of worship against his consent, nor shall any
preference be given by law to any religious denomination or
mode of worship.
We wouldn't want to go excusing acts of licentiousness now, would we?
In addition, I came across Article XII of the Illinois Constitution. Just so you don't think I'm monkeying with the truth, it is below in its entirety. See if you can pick my commentary out of the text:
ARTICLE XII
MILITIA
SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons
residing in the State except those exempted by law.
Hmmm. Am I in a militia? I reside in the state, and notwithstanding my little ice incident in Champaign, I feel pretty able bodied…
SECTION 2. SUBORDINATION OF MILITARY POWER
The military shall be in strict subordination to the
civil power.
Yeah, until they irritate us. Ooops. Sorry, channeling Latin American dictators again.
SECTION 3. ORGANIZATION, EQUIPMENT AND DISCIPLINE
The General Assembly shall provide by law for the
organization, equipment and discipline of the militia in
conformity with the laws governing the armed forces of the
United States.
They need to get off their dead asses here. I don't have a uniform, a gun, or ANYTHING. I favor Michael Jackson type uniforms, but Sergeant Pepper uniforms would be OK too.
SECTION 4. COMMANDER-IN-CHIEF AND OFFICERS
(a) The Governor is commander-in-chief of the organized
militia, except when they are in the service of the United
States. He may call them out to enforce the laws, suppress
insurrection or repel invasion.
(b) The Governor shall commission militia officers who
shall hold their commissions for such time as may be provided
by law.
SECTION 5. PRIVILEGE FROM ARREST
Except in cases of treason, felony or breach of peace,
persons going to, returning from or on militia duty are
privileged from arrest.
Well, it seems like I'm always on militia duty, so this could really come in handy.
By the way, there are some other interesting things. For instance, Article XIII, Section 4 makes the default no sovereign immunity, which reverses the general American trend of requiring a specific waiver of sovereign immunity. Sovereign immunity is a leftover from England when the monarch ruled in person. The monarch (or sovereign) had to consent to be sued in his own courts (hence, "immune" from suit). It is an inappropriate doctrine in a republic (where the people are the sovereigns), and I am glad that Illinois has generally waived it.
TIME WASTER
Because we all need to be able to waste time, check out the link forwarded me by my buddy F.
posted by David at 10:27 AM
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