Narrative Opinion Summary
In this case, the constitutionality of Public Act 89-5 was challenged, which aimed to transition the University of Illinois Board of Trustees from an elected to an appointed body, prompting John F. Tully to file a declaratory judgment action against state officials. The plaintiff argued that the Act violated the Illinois Constitution by infringing upon voting rights, as it curtailed the terms of elected trustees. The Cook County Circuit Court ruled the Act unconstitutional, citing breaches of the right to vote, the Contract Clause of the U.S. Constitution, and the Illinois Constitution’s amendment-by-reference requirements. The court applied strict scrutiny, emphasizing the fundamental nature of voting rights, and determined that the Act did not serve a compelling state interest or utilize the least restrictive means. Despite the unconstitutional provision, the court found the Act's remaining sections could stand independently, allowing for the appointment of trustees upon expiration of current terms. This decision was partially affirmed and reversed by the Illinois Supreme Court, maintaining the validity of the appointive system while striking down the midterm removal provision, ensuring the Act's core legislative intent was preserved without violating constitutional rights.
Legal Issues Addressed
Amendment-by-Reference Requirementsubscribe to see similar legal issues
Application: The court agreed with the argument that the Act violated the Illinois Constitution's amendment-by-reference requirement by not fully articulating the amended sections, particularly those granting the Board perpetual succession.
Reasoning: Furthermore, the court accepted Calder's position that the Act contravened the amendment-by-reference requirement of article IV, section 8(d) of the Illinois Constitution, as it did not fully articulate the sections amended, particularly failing to reference the section granting the Board perpetual succession.
Constitutionality of Public Act Under Voting Rightssubscribe to see similar legal issues
Application: The court applied strict scrutiny to determine the constitutionality of Public Act 89-5, finding that it violated the fundamental right to vote under the Illinois Constitution by nullifying election outcomes for university trustees.
Reasoning: Firstly, the court found the Act violated the right to vote as outlined in article III, section 1, of the Illinois Constitution, deeming the right to vote a fundamental right and stating that the State failed to show a compelling interest justifying the abridgment of the trustees' elected terms.
Contract Clause of the U.S. Constitutionsubscribe to see similar legal issues
Application: The court found that the Act infringed the Contract Clause by disrupting the perpetual succession of the University of Illinois Board of Trustees, effectively substituting a new governing body.
Reasoning: Secondly, the court determined that the Act infringed upon the Contract Clause of the U.S. Constitution by disrupting the perpetual succession of the Board of Trustees, effectively substituting a new governing body.
Severability of Legislative Provisionssubscribe to see similar legal issues
Application: The court determined that the unconstitutional provision of the Act could be severed, allowing the remaining provisions to stand as they were independent and executable.
Reasoning: The portion of the Act that removes elected trustees from office midterm is deemed unconstitutional... The court concludes that the invalid portion does not render the entire Act unconstitutional, affirming that the Act should remain valid.