only the lower house represents the people. In Illinois, the higher officers in each one of the great departments are chosen directly by the people and are supposed to represent their interests.

ernments.

Cutting across these dividing lines which separate Central and the legislative, executive, and judicial departments local gov of the State, there are what we may call latitudinal lines, which mark off the field of the central government from those of the local governments. The constitution provides for county, town, city and other local governments, partly to meet the local needs of each of these districts and partly to help the State in its work. Their field of authority is not always clearly marked out by the constitution; but they are in all things distinctly subordinate to the State government, and their jurisdiction is largely determined for them by the legislature. Yet they have some legal rights which not even the legislature can take away. Thus, the legislature can not give the right to build a street railway in any city or town without the consent of the local government.1

rights.

This distribution of political powers among dif- Bill of ferent sets of officers has sometimes been called a system of "checks and balances," in which every officer or department is checked in the exercise of his power by the natural jealousy of some other department or officer. But not even to all of these officers taken together have the people given unrestricted power. To protect the rights of individuals 1 Constitution of Illinois, 1870, Art. XI. § 4.

Rights of

individuals.

against the possible tyranny of their own representatives, even in the law-making body, they have placed in the constitution what is sometimes known as a “bill of rights." Many of these rights were recognized by the first colonists in America as a part of their old English inheritance. Others were either recognized for the first time or more clearly stated as a result of early American experience. With generally unimportant differences, they are to-day set forth in the constitution of every American State.

The most important of these rights are those which protect the personal liberty of the individual, his rights of property, his freedom in religious opinion and worship, and his liberty of speech and publication. To secure the personal liberty of the individual, it is provided that he shall not be deprived of life or liberty without due process of law, and the right of trial by jury is guaranteed. Private property also may not be taken except by due process of law, and when needed for public uses it must be paid for. Every man is guaranteed liberty of conscience and public worship. No one may be compelled to support any church and no preference can be given by law to any religious denomination. To protect free discussion of all public questions, it is provided that "every person may freely speak, write and publish on all subjects," though he is “responsible for the abuse of that liberty” and may be punished for libel.1 Thus the old safeguards which protected subjects against arbitrary kings are

1Constitution of Illinois, 1870, Art. II.

still considered necessary even in a government of

the people by the people.

stitutional limitations.

Besides securing each individual in these personal Other con. and property rights, the constitution contains, as we shall see later, a number of provisions intended to protect the interests of the people as a whole against unwise or corrupt legislation by their chosen representatives. Certain general principles are laid down to which all future laws must conform, and even in some cases where no constitutional amendment is necessary, the legislature is required to submit its measures to the people for their approval.1

supreme.

Thus, within the sphere of government left to the The people State, the people are the supreme power. They have made the constitution and they alone can change it. They have given large powers to their officers or agents, but these powers, large as they are, are jealously guarded to protect the rights of individual citizens and those of the people as a whole.

1

1 Under a recent act of the legislature, the voters of the State may express their opinion on public questions by means of what is called the "little ballot." This opinion has no legal force, but it may influence somewhat the action of the legislature. Three such questions were voted upon in the general elections of 1902.

CHAPTER V

Meaning of the term, people.

Qualifica

tions of voters.

ELECTIONS

26. REFERENCES

Bryce, American Commonwealth, I., ch. 46; II., Part III.; Hart, Actual Government, Part II.; Hinsdale, American Government, ch. 54; Cooley, Constitutional Limitations, ch. 17; Commons, Proportional Representation, esp. ch. 4; Dallinger, Nominations for Elective Office; Ostrogorsky, Democracy and the Organization of Political Parties, especially II., Part V.; Political Science Quarterly XIV. 224-233- For comparison with European political methods, see Lowell, Governments and Parties in Continental Europe (Vol. I. of Ostrogorsky describes English politics). Documents: Constitution of Illinois, 1870, Art. VII.; Hurd, Revised Statutes, 1903, ch. 46 (Elections); Starr and Curtis, Annotated Statutes (ed. 1896), 161-162 and Notes on ch. 46; the Secretary of State, The Election Law.

27. THE SUFFRAGE

The word “people” as found in the constitution is often carelessly used without any definite knowledge of its real meaning. Just what is meant by saying that the “people” are the supreme authority in State affairs? The term does not include all persons who live in the State, but is practically limited to those who take part in the government as voters, and this class is clearly defined by the constitution.

The first important condition of the voting privilege is citizenship. All new voters must show that they are natural-born or naturalized citizens of the

United States. According to the Federal Constitution, "all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." A second qualification is residence. A voter must have lived long enough in the place in which the election takes place to have a real interest in it and to be able to vote intelligently. So he must have lived in the State one year, in the county ninety days, and in the election district in which he votes at least thirty days before the election is held. There are also restrictions of age and sex. The constitution gives the right of voting only to men twentyone years old. Consequently, women are not allowed to vote for any officer named in the constitution. They now have, however, the right to vote for certain school officers not mentioned in the constitution, including the members of local school boards and trustees of the University of Illinois. Finally, the right to vote may be forfeited for misconduct. Following the requirement of the constitution, the law now makes it a penal offense for any person to attempt to vote who has been convicted of bribery, felony, "or other infamous crime under the laws of any State," unless he has been duly pardoned.1

28. THE CONDUCT OF ELECTIONS

laws.

Since the people control the government chiefly Election through their powers to choose officers, it is impor

1

1 Constitution of Illinois, 1870, Art. VII.; Hurd, Revised Statutes, ch. 46, §§ 65-70, 83, 332; Starr and Curtis, Annotated Statutes, 161, 162, 1741, 1742; Plummer v. Yost, 144 Illinois Reports, 68-77.