clear constitutional violation in Illinois

2008I, §8) and his state and federal constitutional rights to due process and equal protection. “[A] 11 statutes are presumed constitutional and *** the party challenging a statute’s validity bears the burden of demonstrating a clear constitutional violation.” In re Lakisha M., 227 Ill. 2d 259, 263 , 882 N.E.2d 570, 573 (2008).

2008I, §8) and his state and federal constitutional rights to due process and equal protection. “[A] 11 statutes are presumed constitutional and *** the party challenging a statute’s validity bears the burden of demonstrating a clear constitutional violation.” In re Lakisha M., 227 Ill. 2d 259, 263 , 882 N.E.2d 570, 573 (2008).

2022Corp. v. Metropolitan Sanitary District of Greater Chicago, 52 Ill. 2d 320, 327 (1972)), and the challenging party has the burden of establishing a clear constitutional violation (People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ).

2020App. 3d 413, 417 , 514 N.E.2d 563, 565 (1987) (holding that to establish the likelihood of success on the merits of the claim, a plaintiff must “make it appear advisable that the positions of the parties stay as they are until the court has an opportunity to consider the merits of the case”). ¶ 55 Further, when a plaintiff challenges the constitutionality of a statute, the plaintiff “has the burden of establishing a clear constitutional violation.” One 1998 GMC, 2011 IL 110236, ¶ 20 (majority opinion).

2020A reviewing court “will affirm a statute’s constitutionality if the statute is reasonably capable of such an interpretation.” People v. Johnson, 225 Ill. 2d 573, 584 (2007). “[W]e will resolve any doubt on the construction of a statute in favor of its validity.” People v. Boeckmann, 238 Ill. 2d 1, 6-7 (2010).

2018A reviewing court "will affirm a statute's constitutionality if the statute is reasonably capable of such an interpretation." People v. Johnson , 225 Ill. 2d 573 , 584, 312 Ill.Dec. 350 , 870 N.E.2d 415 , 421 (2007). "[W]e will resolve any doubt on the construction of a statute in favor of its validity." People v. Boeckmann , 238 Ill. 2d 1 , 6-7, 342 Ill.Dec. 537 , 932 N.E.2d 998 , 1001 (2010).

2020Because plaintiff brings a facial challenge, a successful claim “requires a showing that the statute is unconstitutional under any set of facts, i.e., the specific facts related to the challenging party are irrelevant.” Thompson, 2015 IL 118151 , ¶ 36. “[A]ny doubt on the construction of a statute [will be resolved] in favor of its validity.” People v. Boeckmann, 238 Ill. 2d 1, 6-7 , 932 N.E.2d 998, 1001 (2010).

2020Because plaintiff brings a facial challenge, a successful claim “requires a showing that the statute is unconstitutional under any set of facts, i.e., the specific facts related to the challenging party are irrelevant.” Thompson, 2015 IL 118151 , ¶ 36. “[A]ny doubt on the construction of a statute [will be resolved] in favor of its validity.” People v. Boeckmann, 238 Ill. 2d 1, 6-7 , 932 N.E.2d 998, 1001 (2010).

2016App. 3d 972, 976 (1999) (citing City of Chicago Heights v. Public Service Co. of Northern Illinois, 408 Ill. 604, 609 (1951)), and the challenging party has the -6- burden of establishing a clear constitutional violation (People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ).

2015App. 3d 972, 976 (1999) (citing City of Chicago Heights v. Public Service Co. of Northern Illinois, 408 Ill. 604, 609 (1951)), and the challenging party has the burden of establishing a clear constitutional violation (People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ).

2010Garvin, 219 Ill. 2d at 116 , 847 N.E.2d at 89 , citing Wilson, 214 Ill. 2d at 399 , 827 N.E.2d 416 .

2010Garvin, 219 Ill. 2d at 116 , 847 N.E.2d at 89 , citing Wilson, 214 Ill. 2d at 399 , 827 N.E.2d 416 .

2025See also D&W Auto Supply, 602 S.W.2d at 424 (disagreeing with ‘the premise that the equality of the various branches of government requires that we shut our eyes to constitutional failings and other errors of our coparceners in government’).

2023See also D&W Auto Supply, 602 S.W.2d at 424 (disagreeing with “the premise that the equality of the various branches of government requires that we shut our eyes to constitutional failings and other errors of our coparceners in government”). ¶ 102 This court cannot cede the constitutionality of a statute to the Speaker of the House of Representatives and the President of the Senate.

2025While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional - 27 - constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” ’ City of Philadelphia v. Commonwealth, 838 A.2d 566, 581 (Pa. 2003) (quoting Consumer Party of Pennsylvania v. Commonwealth, 507 A.2d 323, 333 (Pa. 1986)).

2023While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ” City of Philadelphia v. Commonwealth, 838 A.2d 566, 581 (Pa. 2003) (quoting Consumer Party of Pennsylvania v. Commonwealth, 507 A.2d 323, 333 (Pa. 1986)).

2025While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional - 27 - constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” ’ City of Philadelphia v. Commonwealth, 838 A.2d 566, 581 (Pa. 2003) (quoting Consumer Party of Pennsylvania v. Commonwealth, 507 A.2d 323, 333 (Pa. 1986)).

2023While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ” City of Philadelphia v. Commonwealth, 838 A.2d 566, 581 (Pa. 2003) (quoting Consumer Party of Pennsylvania v. Commonwealth, 507 A.2d 323, 333 (Pa. 1986)).

2008General Motors Corp. v. State of Illinois Motor Vehicle Review Board, 224 Ill. 2d 1, 24 , 862 N.E.2d 209, 225 (2007).

2008General Motors Corp. v. State of Illinois Motor Vehicle Review Board, 224 Ill. 2d 1, 24 , 862 N.E.2d 209, 225 (2007).

2024People v. Baker, 2020 IL App (2d) 181048, ¶ 9 (citing People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ).

2022Corp. v. Metropolitan Sanitary District of Greater Chicago, 52 Ill. 2d 320, 327 (1972)), and the challenging party has the burden of establishing a clear constitutional violation (People v. One 1998 GMC, 2011 IL 110236, ¶ 20 ).

2020App. 3d 413, 417 , 514 N.E.2d 563, 565 (1987) (holding that to establish the likelihood of success on the merits of the claim, a plaintiff must “make it appear advisable that the positions of the parties stay as they are until the court has an opportunity to consider the merits of the case”). ¶ 55 Further, when a plaintiff challenges the constitutionality of a statute, the plaintiff “has the burden of establishing a clear constitutional violation.” One 1998 GMC, 2011 IL 110236, ¶ 20 (majority opinion).

2005Therefore, we consider this argument waived on appeal pursuant to Supreme Court Rule 341(e)(7) (210 Ill. 2d R. 341(e)(7)); Shatkin Investment Corp. v. Connelly, 128 Ill.