Jonah Patel
Georgia has had 12 ruling documents, starting with the colonial charter issued in 1732 and ending with the current state constitution, which was adopted in 1983. Georgia's first constitution was drafted in 1777, a year after the Provincial Congress called for a constitutional government. This constitution made the legislature the most powerful branch, with the governor relying on an executive council for many decisions. It also allowed for an expansive franchise, excluding only the poorest. Over the years, Georgia has revised its constitution numerous times, using three different methods: seven revisions by constitutional conventions, two by constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly. The state's constitutional history illustrates various methods of writing and revising a constitution, reflecting the political, economic, and social changes in Georgia.
| Characteristics | Values |
|---|---|
| Number of ruling documents | 12 |
| First constitution | 1777 |
| Updated constitutions | 1789, 1798, 1861, 1865, 1868, 1877, 1945, 1976, 1983 |
| Methods of constitutional revision | Constitutional conventions, constitutional commissions, office of legislative counsel of the Georgia General Assembly |
| Number of constitutional conventions | 7 |
| Number of constitutional commissions | 2 |
| Number of revisions by office of legislative counsel | 1 |
| Number of delegates to Constitutional Convention in 1787 | 6 |
| Number of delegates who attended | 4 |
| Number of delegates who signed | 2 |
| Number of amendments to the 1877 constitution | 90% of provisions remained |
| Number of amendments to the 1777 constitution | 23 |
| Number of representatives in the legislature after 1833 and 1839 conventions | Reduced |
| Voters' approval of representative reduction | Rejected |
| Number of amendments to the constitution | 301 |
| Number of amendments to the constitution that were local and temporary | Some |
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What You'll Learn
Georgia's 1776 provisional constitution
Georgia's first attempt at constitutional government was initiated in April 1776 by the Provincial Congress, which was called by the Georgia Trustees in response to a series of mass meetings held throughout the colony. This first attempt at a constitution was titled "Rules and Regulations of the Colony of Georgia". It was designed to be a temporary document and made the Provincial Congress the most powerful branch of government.
The first formal constitution was drafted in 1777. This document, which was completed in February, vested most governmental authority in a state legislative body and incorporated the separation of powers doctrine. It included basic rights such as the free exercise of religion, freedom of the press, and trial by jury. It was not submitted to the people for ratification and remained in effect for twelve years.
The 1777 constitution was framed by a convention that assembled in Savannah on October 1, 1776, in accordance with the recommendation of the Continental Congress that the people of the colonies should form independent state governments. It was unanimously agreed upon on February 5, 1777.
The adoption of the new federal constitution in 1789 obliged Georgia to implement a new state constitution.
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The 1777 formal constitution
The 1777 Constitution of Georgia, completed on February 5, 1777, was the state's first attempt at constitutional government. It was drafted soon after Georgia accepted the Declaration of Independence and was executed without ratification by voters. This constitution remained in effect for twelve years.
The 1777 Constitution provided a framework for Georgia's transition from a colony to a state. It vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included a number of basic rights. These rights included the free exercise of religion, freedom of the press, and trial by jury. The constitution also outlined the oath to be administered to the elected representatives and the governor. The governor was to be elected by the representatives and was to swear to execute the office "faithfully and conscientiously" according to law, without favouritism, and to defend the State of Georgia and its constitution.
The 1777 Constitution also included provisions for the courts of law in the state, stating that only those authorised by the house of assembly could plead in these courts. It further outlined that excessive fines and bail demands were not to be levied. Additionally, the constitution featured a design for the great seal of the state, which included an image of an elegant house, buildings, fields of corn, meadows with sheep and cattle, a river, and a ship under full sail.
The 1777 Constitution of Georgia was one of seven constitutions directly associated with war-related periods. It was replaced in 1789 by a new constitution, which responded to weaknesses in the 1777 document.
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The 1798 constitution
The General Assembly was given the power to make all laws and ordinances deemed necessary and proper for the good of the State, provided they were not repugnant to the constitution. The General Assembly also had the power to alter the boundaries of the present counties and lay off new ones.
The governor was to take an oath of office, swearing to faithfully execute the office of governor and preserve, protect, and defend the State. The governor was to be the commander-in-chief of the army, navy, and militia of the State. The governor also had the power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons or remit any part of a sentence, in all cases after conviction, except for treason or murder.
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The 1861 constitution
The Georgia Constitution of 1861 was drafted by the state's Secession Convention, led by Thomas Reade Rootes Cobb, the Convention's chairman. The convention met in Milledgeville in January 1861, with periodic interruptions. The convention was a watershed event that accelerated the Civil War and significantly altered Georgia's historical trajectory.
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The 1945 constitution
Georgia has had ten different constitutions in its history, not counting its royal charter, granted in 1732. The 1945 Constitution of Georgia was the state's ninth constitution. It was ratified by the public in August 1945 and was considered streamlined, with changes primarily confined to the document's form and organisation.
Around 90% of the provisions in the 1945 Constitution were taken from the Constitution of 1877. However, during the following thirty years, the lack of substantive revision led to concerns about both the process and substance of the 1945 Constitution. Efforts to revise it began as early as 1963, and a revised version was approved by the General Assembly in 1964 but was never submitted to the people due to legal concerns about a malapportioned legislature.
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Frequently asked questions
Georgia's first constitution was drafted in 1777, a year after the Rules and Regulations of the Colony of Georgia document was put in place.
Georgia has had 12 ruling documents, from the colonial charter issued in 1732 to the current state constitution, which was adopted in 1983.
The 1861 Constitution of Georgia incorporated a lengthy bill of rights, including the concepts of due process and judicial review.
In 1931, the University of Georgia's Institute of Public Affairs published a proposed constitution, which sparked public debate. In 1945, Governor Ellis Arnall appointed a 23-member commission to write a new constitution, which was ratified by popular vote.
Georgia has used three methods of constitutional revision: seven revisions by constitutional conventions, two by constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly.
