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Why Illinois Needs A Constitutional Convention

In November 2008, Illinois voters will decide whether to have a constitutional convention. A “yes” vote for a convention will allow us to get to the work of cleaning up Illinois government, constitutionally limiting spending, and making it tougher for government to raise your taxes. The changes we have to make to accomplish these goals require amendments to the Illinois Constitution.

The only way to get those amendments now is to go through the legislature. But the legislature is the main obstacle to getting meaningful amendments to the ballot. It never will vote for the kinds of amendments that will get us there because doing so will limit legislative power. And let’s face it: the legislature never will allow the people to vote on any question that might limit legislative power.

The legislature has a sympathetic judiciary to do the heavy, and controversial, lifting. That’s what happened nearly 20 years ago when more than a half million people signed a petition asking if voters wanted a three-fifths vote of the general assembly to pass tax increases. The Illinois Supreme Court threw the question off the ballot and told Illinois voters they had no right to decide that.

The same thing happened in the mid-1990s when some 400,000 people signed a petition asking if voters wanted term limits for their legislators. The Illinois Supreme Court threw that question off the ballot, too. Sorry, you mere citizens of Illinois – you’re not allowed to set the terms of the people you elect. Despite the overwhelming popularity of term limits, across all demographic and political lines, not one legislator has suggested a term limits amendment.

The only way to reach these goals is for the people to take matters into their own hands by voting “YES” for a constitutional convention.

Don’t be scared by those who say that the people can’t control a convention. All amendments have to be approved by the people, so we have the final say.

There are no guarantees that you’ll get exactly what you want from a constitutional convention. But one thing is sure: Another generation will pass before you get a shot at another convention, so voting “no” for the convention is like saying you’re satisfied with the present state of affairs, that it’s okay to run a government like a child runs through a candy store.

Are you tired of a corrupt government whose governors are regular residents in prison? That permits constitutional officers to take cash “gifts” from hard-working employees? That encourages and rewards managers to seek bribes from state vendors? Then let’s make the changes in our constitution that will help prevent politician-weasels from taking citizens for granted.

Are you tired of an inept legislature that regularly increases spending and taxes by amounts in excess of the ability of citizens to pay for the largess? Then let’s make the changes in our constitution that will stop legislators from running roughshod over us.

Are you tired of the four so-called “legislative leaders” making decisions for the representatives you elected? Then let’s change the constitution to help prevent all that power from flowing to the “leaders.”

Are you tired of legislators who are incapacitated like deer frozen in the headlights of a car? Who are unwilling to cast a controversial vote for fear of how it will affect their chances in the next election? Then let’s change the constitution so citizens stand a better chance of electing legislators who believe doing a good and honest job is more important than having lifetime employment in the legislature followed by a pension at our expense and a cushy job as a lobbyist.

Does it bother you that Illinois is among the states that does not allow its citizens to change the law by referendum? Then let’s change the constitution to allow citizens to act, especially when the legislature will not.

There are other important subjects that could be addressed at a constitutional convention. To name just a few: merit selection of judges; school financing; school choice and vouchers; legislative redistricting; recall of elected officials; election reform. You may or may not like the issues, or you may have others in mind, but the fact is Illinois suffers from a lack of action on them, and our elected officials are incapable and unwilling to tackle them.

Don’t be scared by the people who say a convention will cost too much. Consider the stakes: The contract between the people and our government, the document that describes the powers we give and the limitations we place on government. There is no public question more important. This is exactly what we should spend public resources on.

A convention offers the only legitimate means to cure the fundamental problems that proliferate through Illinois government and exhaust voters. Cynicism over the disgraceful way our government operates pervades Illinois citizens. But there is no merit in despair, and shrugging your shoulders is not a substitute for demanding better government.

If we don’t have that convention now, we will have the same government, acting and doing the same things, for at least another 20 years. If you’re fed up and disgusted with the way government and politics works in Illinois, then you should “YES” for a constitutional convention.

***
Steven R. Merican is a practicing lawyer based in Woodridge, Illinois. Merican specializes in linois and Seventh Circuit civil appeals, and is a Board member of Sam Adams Alliance.

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Commentary:

1

Les Golden says:

Approximately 40,000 divorces are filed every year in Illinois and with an average family size of 3 and 3 years to adjudicate at any one time you can estimate that about 350,000 are in the divorce courts. This is about 1 out of every resident. Yet the laws are geared overwhelmingly on the basis of the "equal playing field" statute to drain the litigants of their wealth and divert it to the attorneys. The system is unlawful, corrupt, and broken. The legislators will not act, because they get massive campaign contributions from lawyer lobbies. Only a constitutional convention can reform this disgrace.

Les Golden
Oak Park
drlesgo@aol.com

January 17, 2008 at 2:34 p.m.
2

jennifer comer says:

I'm fed up with the governments control over us and something NEEDS TO CHANGE. They can take our homes,our cars,and our jobs just so that they can gain and we fall back. WE need people to wake up and notice this injustice and change the present system or we will not have the freedoms of our ancestors. What ever happened to LIFE- LIBERTY- FREEDOM,and PROSPERITY?

February 7, 2008 at 9:47 a.m.
3

Richard Kimberley says:

The first change to make to the state constitution is to eliminate the 20 year span. The world is changing much to fast to wait almost a quarter of century to bring it current again.

The second change to make is to place term limits on ALL state elected offices, from Representatives to the Governor.

The third change is to make it possible for citizens to initiate new amendments and changes to existing amendments.

We have to have a more flexible proactive and reactive, living constitution.

March 11, 2008 at 9:12 a.m.
4

says:

<h1>buffetings outfitted:harshness,belayed?trinket empowering:unlock </h1>

March 12, 2008 at 11:02 p.m.
5

Roger A. Huddleston says:

It is time for citizens to take down the elites and be responsible for OUR government. Term limits and ballot access are two logical starting points.

March 26, 2008 at 8:31 p.m.

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