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the 3 divisions of the Illinois constitution are the Legislature, the executive and the judiciary.

The Legislature

A state legislature has all legislative powers that are not denied by the state or federal Constitution. This includes direct authority over all subordinate units of government such as counties, townships, municipalities, and special districts, subject in Illinois to two limitations:

(1) Home rule under Article 7, section 6, and the lesser powers guaranteed to non-home rule units by Article 7, sections 7 and 8.

(2) The prohibition in Article 4, section 13 on special laws “when a general law is or can be made applicable.”

The Executive

The Executive Branch includes a Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller and Treasurer elected by the electors of the State. They keep the public records and maintain a residence at the seat of government during their terms of office.

The basic powers and duties of each of the state’s elected executive officers are embedded in the constitution. It continues the practice of having each principal executive officer elected.

Unlike previous Illinois Constitutions, it also provides for the Lieutenant Governor to be elected on the same ticket as the Governor.

The Judiciary

The judicial power is vested in a Supreme Court, an Appellate Court and Circuit Courts.

The 1870 Constitution’s judicial article was superseded by a new judicial article approved by the voters in 1962, effective in January 1964. It replaced the several kinds of courts that had existed with a simpler system having only three kinds of courts: circuit (trial), appellate, and supreme. The 1970 Constitution essentially kept that court system but made some changes, especially in the powers of the Illinois Supreme Court and the structure of the judicial disciplinary system.

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