The First Amendment established the fundamental rights of citizens and political associations-parties, unions, associations, and denominations. It is meaningful to note that section 5 in the Illinois Constitution has titled the right to assemble and petition (Greenberg & Page, 2018). It states that citizens may peacefully assemble and consult on matters essential to the community’s common good. However, the Illinois Constitution establishes that citizens also have the right to petition the government to stop malpractices and request that specific problems be resolved. Thus, it could be argued that the State Constitution adopted the fundamental rights of the First Amendment to provide freedom for citizens to decide public issues.
It is also essential to mention Article Three of the Illinois Constitution, which established the suffrage of citizens and the right to elections. It is important to note that the origins of this can be seen as far back as the First Amendment because it laid the groundwork for creating parties (Siddali, 2019). Although Article 3 of the Illinois Constitution is more developed because it established that every citizen over 18 years of age has the right to vote, and prisoners for felonies lose their vote. In addition, the Illinois Constitution establishes the exact procedure for the election, specifically states the need for an election commission and begins how the Governor can be recalled.
At the same time, the article contains provisions that all elections must be free and equal; thus, this provision is per the fundamental principles laid down in Amendment 1 of the U.S. Constitution. Therefore, Article 3 of the Illinois Constitution, concerning suffrage, is more developed in accordance with the derivative of Amendment 1. While Article 1, Section 5 of the Illinois Constitution is almost identical to Amendment 1.
The First Amendment has the most crucial character and profound meaning because it deals with many rights, including freedom of speech, the press, peaceful assembly, and religion. At the same time, the Illinois Constitution also has similar provisions in sections 3 and 4. It is vital to note that they are stated in more detail and list those essential points missing from the Bill of Rights. Among them is freedom of conscience, which in turn should not be interpreted as an excuse for wrongdoing. Furthermore, the right to religion, which enshrines the equality of beliefs and the prohibition of preference for any denomination, has been interpreted in more detail. Section 4 of the Constitution, in turn, analyses the right to freedom of speech, writing, and publication, while at the same time establishing liability for its abuse.
Correspondingly, the amendments to the Bill of Rights and the Illinois Constitution have a similar provision on the right to privacy. The Bill of Rights states that people’s homes, papers, and possessions must be protected from searches that have no necessary legal basis. If there is such a need, the Amendment also has a list of conditions that must exist for a warrant to be issued. Section 6 of the Illinois Constitution, in turn, is much like the 4th Amendment, but at the same time, there are differences. The technological process prompted the Illinois Constitution’s more detailed interpretation of the right to privacy (Magliocca, 2018). In addition to the general concept, it also mentions the interception of communications by eavesdropping devices or other means.
Thus, both the Bill of Rights and the State Constitution have the same provision, but at the same time, the latter interprets it in more detail. They have minor differences, but their main feature is that they expand rights, not narrow them. This certainly has a positive effect, for the Illinois Constitution has adapted a fundamental right, giving it an even more profound meaning and thus making the individual more protected.
References
Greenberg, E. S & Page, B. I. (2018). The Struggle for Democracy, 2018 Elections and Updates Edition. (12th ed.). Pearson.
Magliocca, G. N. (2018). The heart of the constitution: How the bill of rights became the bill of rights. Oxford University Press.
Siddali, S. R. (2019). Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778â 1870 by Frank Cicero Jr. Indiana Magazine of History, 115(1), 60-61.