Simone Lawson
The Georgia Constitution is the state constitution of Georgia, USA. It is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Georgia has had 10 constitutions, the first of which was written in 1777 and the current version was adopted in 1983. The current constitution has 11 articles and has been amended 91 times.
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What You'll Learn
The current Georgia Constitution
The Georgia Constitution establishes the country as a democratic republic, with power exercised through elected representatives and direct democracy mechanisms like referendums. It outlines the role of political parties in forming and executing the political will of the people, emphasising the principles of freedom, equality, transparency, and intra-party democracy. The Constitution also addresses the relationship between the state and the Apostolic Autocephalous Orthodox Church of Georgia, ensuring compliance with international human rights norms.
In terms of governance, the Constitution provides for the separation of powers between the state and self-governing units, with financial resources allocated accordingly. It grants autonomy to the Republic of Abkhazia and the Republic of Ajara, with their powers and procedures outlined by constitutional laws. The Constitution also addresses the structure of the courts, including the Supreme Court, and establishes the rules for legislative adoption and issuance.
The Georgia Constitution guarantees certain economic rights, such as the right to property and the protection of a minimum level of financial assets from levy and sale. It also recognises the right to work, healthcare, and decent housing. Additionally, the Constitution gives the state the responsibility to ensure equitable socio-economic and demographic development across the country, with special consideration for high mountain regions.
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Historical context
Georgia's constitution has a long and complex history, with the state adopting 10 constitutions since it became the fourth state in 1788. The first constitution was written in 1777 and was updated in 1789 and 1798. The state's early constitutions enumerated only four or five personal liberties.
The next constitution was adopted in 1861 at the beginning of the Civil War. This constitution was patterned largely after the Confederate Constitution and incorporated a lengthy bill of rights, which was adopted as Article 1. This was the first state constitution submitted to the people for ratification. The concepts of due process and judicial review were included for the first time.
After the Civil War ended in 1865, Georgia's provisional governor, James Johnson, called for another constitutional convention to draft a document that would be acceptable to the federal government. This constitution included a repeal of the Ordinance of Secession, the abolition of slavery, and a repudiation of the war debt. However, the Georgia legislature refused to ratify the Fourteenth Amendment to the U.S. Constitution, a specific condition for readmission to the Union, leading to the rejection of the 1865 constitution and the placement of Georgia under military control.
Under congressional Reconstruction and military rule in 1867, a group of elected delegates, mostly northerners and northern sympathizers, met in a new convention. This convention was dominated by issues such as the Fourteenth Amendment, Black suffrage, debts, and the separation of powers. The resulting constitution, adopted in 1868, was labelled the "unconstitutional convention" by some due to the makeup of its delegates.
As Georgia recovered from the war and Reconstruction, Democrats returned to power, and support for a new state constitution grew. The state adopted another constitution in 1877 at the end of Reconstruction, followed by three additional constitutions in 1945, 1976, and the current constitution in 1983. The current Georgia Constitution has been amended 91 times, with voters most recently approving amendments on November 5, 2024.
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Human rights and freedoms
The Georgia Constitution of 1995 (rev. 2018) recognises and protects universally accepted human rights and freedoms as the highest and most sacred human values. The Constitution explicitly states that the people and the State are bound by these rights and freedoms as directly applicable law.
The Georgia Bill of Rights, entitled "Declaration of Fundamental Principles", was written by Thomas R. R. Cobb and added a plethora of rights to the State Constitution. These rights included all of those provided for by the US Constitution, as well as some original provisions. The Georgia Constitution also includes some liberties that are not mentioned by the federal Constitution. For example, the Georgia Constitution protects "Freedom of Conscience", the right not to be abused during arrest or imprisonment, and forbids whipping and banishment as punishment for crimes.
The Georgia Constitution guarantees the right to trial by jury, except in civil cases where no issuable defence is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant has the right to a public and speedy trial by an impartial jury, and the jury shall be the judge of the law and the facts. The Constitution also sets out the number of jurors, stating that a trial jury shall consist of 12 persons, but the General Assembly may prescribe any number, not less than six, for courts of limited jurisdiction and superior courts in misdemeanour cases.
The Georgia Constitution also protects the right to keep and bear arms, freedom of speech and the press, and the right to assemble and petition. It guarantees the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and sets out the requirements for the issuance of warrants. The Constitution also provides for the benefit of counsel, the right to confront witnesses, and the writ of habeas corpus.
Furthermore, the Georgia Constitution recognises the inviolability of human dignity and prohibits torture, cruel treatment, and the use of inhuman or degrading punishment, including the death penalty. It also guarantees equality before the law, regardless of language, financial status, creed or belief, gender, political party, social status, religion, or skin colour.
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The role of the governor
The Georgia Constitution outlines the role of the governor, who serves as the state's chief executive and holds significant powers and responsibilities. Here is a detailed overview of the role:
Executive Powers and Law Enforcement
The governor of Georgia is the state's chief executive, overseeing the executive branch and holding the primary responsibility for law enforcement. The constitution mandates that the governor "take care that the laws are faithfully executed" and act as the "conservator of the peace" throughout the state. This law enforcement power mirrors that of the President of the United States, highlighting its importance.
Commander-in-Chief
The governor is designated as the commander-in-chief of Georgia's military forces, a role that comes with significant authority and the responsibility for ensuring the state's security.
Veto Power
The governor has the constitutional right to review and veto, approve, or take no action on bills or resolutions passed by the General Assembly before they become laws. This power gives the governor a substantial role in shaping the state's legislation. However, it is worth noting that the General Assembly can override a gubernatorial veto with a two-thirds majority vote in each chamber.
Appointments and Information Requests
The governor is responsible for making appointments authorised by the constitution or state laws. They can fill vacancies in the Georgia House of Representatives and the Georgia Senate. Additionally, the governor can request information in writing from constitutional officers and employees of the executive branch on matters relating to their duties.
State Budget Authority
The governor of Georgia has the power to direct the state budget, allowing them to make budgetary decisions for various departments. This power gives the governor significant influence over the state's finances and policy implementation.
Address to the General Assembly
The governor is permitted to deliver an annual "State of the State" address to the General Assembly. During this address, they can propose policies or laws of their choice, shaping the legislative agenda.
Limited Terms and Succession
The governor of Georgia is limited to serving a maximum of two consecutive terms, with each term lasting four years. To be eligible for election, candidates must be at least thirty years old, a U.S. citizen for fifteen years, and a resident of Georgia for six years before the election. In the event of a governor's death or disability, the lieutenant governor assumes office until the next general election.
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The state's framework
The current Georgia Constitution, the state's fundamental document, was adopted in 1983 and has been amended 91 times since. It is comprised of 11 articles and outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The constitution establishes Georgia as a democratic republic, with the people as the source of state authority. It outlines the right to keep and bear arms, the right to assemble and petition, and the right to a trial by jury. It also includes provisions for the protection of human rights and freedoms, such as the prohibition of torture and the death penalty, and the protection of human dignity.
Article III of the constitution, titled "Legislative Branch", establishes and defines the legislative branch of government. It outlines the powers of the General Assembly, including the authority to define and exempt certain property from levy and sale, and the power to prescribe the manner in which arms may be borne.
Article V, titled "Executive Branch", establishes the executive branch and details the responsibilities of the governor, including the power to appoint state officials and the expanded power to pardon.
Article VI, titled "Judicial Branch", establishes the court system and outlines the structure and functions of the Supreme Court and the Constitutional Court. The Constitutional Court, for example, has the power to determine the removal of judges and the termination of their terms of office.
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Frequently asked questions
The current Georgia Constitution, which was adopted in 1983, has 11 articles.
Georgia has had 10 constitutions. The first constitution was in 1777 and it has been updated or replaced several times since then, including in 1789, 1798, 1861, 1865, 1868, 1945, 1976, and 1983.
The different sections of the Georgia Constitution are typically referred to as "Articles".
Article I is titled "Bill of Rights", Article III is "Legislative Branch", Article V is "Executive Branch", and Article VIII is "Education".
