Isabella Carter
The State of Georgia has had ten constitutions, with the current and tenth constitution being ratified in 1982 and coming into effect on July 1, 1983. The first state constitution was submitted for ratification in 1861. The constitution outlines the three branches of the state government, namely the legislative, executive, and judicial branches. Georgia has used three methods of constitutional revision: seven were revised by constitutional conventions, two by constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly. The 1877 constitution, for example, was amended numerous times, with many amendments dealing with the structure of the government.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 10 |
| Current Constitution | 1983 |
| Previous Constitutions | 1789, 1798, 1861, 1865, 1868, 1877, 1945, 1976 |
| Number of Amendments to 1877 Constitution | Numerous |
| Number of Amendments to Pre-Civil War Constitution | 23 |
| Number of Amendments to 1877-1945 Constitution | 301 |
| Amendment Methods | Legislative process, State constitutional convention |
| Legislative Amendment Vote Requirement | 2/3rds majority |
| Voter Amendment Approval Requirement | 50% + 1 simple majority |
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What You'll Learn
The 1861 Constitution added a Bill of Rights
Georgia has had several constitutions over the years, with the current one being adopted in 1983. The state's first comprehensive bill of rights was included in the Constitution of 1861, which was adopted at the beginning of the Civil War. This was the first state constitution to be submitted to the people for ratification.
The 1861 Constitution was patterned after the Confederate Constitution and included a lengthy bill of rights as Article 1. This bill of rights, entitled "Declaration of Fundamental Principles," was written by Thomas R. R. Cobb. It added numerous rights to the state constitution, including all the rights provided for by the US Constitution at the time, as well as some original provisions. For example, the concepts of due process and judicial review were included for the first time. The 1861 Constitution also explicitly provided for judicial review and stated that the enumeration of rights "shall not" be construed to deny any liberties.
The bill of rights in the 1861 Constitution has proven remarkably stable. Since its adoption, Georgia has ratified six more constitutions, but the rights protected in the 1861 bill of rights have been carried forward into the current bill of rights, albeit with modernized wording. Some rights have been added over time, primarily in response to changing social conditions.
The constitutions of 1865, 1868, 1877, 1945, 1976, and 1983 made various amendments and added new protections. For example, the 1865 Constitution prohibited slavery, while the 1868 Constitution included Georgia's version of the federal Equal Protection Clause and prohibited whipping as a punishment for a crime. The 1983 Constitution was a significant rewrite, focusing on "brevity, clarity, and flexibility." It prohibited amendments relating to specific local political subdivisions and divided the courts into seven distinct classes.
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The 1865 Constitution prohibited slavery
Georgia has had ten constitutions, with the current one being ratified in 1983. The state's constitutional history illustrates the various methods by which a constitution may be written or revised. The 1865 Constitution prohibited slavery, bringing it in line with the U.S. Constitution, which had formally adopted the 13th Amendment on December 18, 1865, ensuring that "neither slavery nor involuntary servitude... shall exist within the United States or any place subject to their jurisdiction."
The 1865 Georgia Constitution was adopted at the end of the Civil War, and its creation was charged with framing a state constitution that would be acceptable to the federal government. The document included a repeal of the Ordinance of Secession, the abolition of slavery, and a repudiation of the war debt. It continued the bill of rights from the 1861 Constitution and made no significant changes to the legislature. However, it prohibited slavery, limited the governor to two terms, and provided for further separation of the judicial and executive branches by allowing the people to elect judges for all courts except the supreme and superior courts.
The adoption of the 1865 Constitution in Georgia was a significant step in the state's history, as it aligned with the federal government's efforts to abolish slavery and address the delicate balance of slaveholding and non-slaveholding states. The prohibition of slavery in the 1865 Constitution reflected the changing social and political landscape in Georgia and the United States as a whole.
It is important to note that the 1865 Constitution was rejected, and Georgia was placed under military control. However, the prohibition of slavery remained a pivotal moment in Georgia's history, as it marked the state's official recognition of the abolition of slavery and set the stage for the state's recovery and reconstruction in the post-Civil War era. The rejection of the 1865 Constitution led to the creation of a new constitution in 1868, which addressed issues such as the Fourteenth Amendment, Black suffrage, and the separation of powers.
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The 1868 Constitution established free public education
Georgia has had several constitutions over the years, with the most recent one being adopted in 1983. The 1868 Constitution, which was adopted during Reconstruction, established free public education.
Prior to the American Civil War (1861-1865), education in Virginia was mostly reserved for elite white families. There was no statewide system of free public schools, and the education of free and enslaved African Americans was often discouraged and, in some forms, made illegal. After the war, the Freedmen's Bureau established the first statewide school system in Virginia, but these schools were only for African Americans. Biracial school systems were set up in Petersburg, Richmond, and Norfolk, but they were still the exception rather than the norm.
The 1868 Constitution changed this by establishing free public education for all. This was a significant step forward in terms of educational access and equality. The new constitution required the General Assembly to elect a superintendent of public instruction and to establish "a uniform system of public free schools, and for its gradual, equal, and full introduction throughout the State." This meant that all children, regardless of race or social status, would now have the opportunity to receive an education.
The establishment of free public education in the 1868 Constitution was part of a broader movement towards educational reform in the United States. For example, in 1865, all Connecticut public elementary schools became free and open to all children over the age of four. Additionally, the 1868 Constitution of Virginia, which was ratified in 1869, included an article for the state's first system of public schools. This was the result of the work of a constitutional convention that included two dozen African Americans, some of whom were formerly enslaved, as well as several white Virginia Unionists who supported radical reform. The majority of this convention favored significant reforms and placed the establishment of a system of public schools high on their agenda.
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The 1945 Constitution introduced a lieutenant governor
Georgia has had several constitutions throughout its history, with the current one being ratified in 1983. The 1945 Constitution was the seventh iteration, and it introduced the position of lieutenant governor.
The 1945 Constitution was drafted by a commission that worked in subcommittees for two years, completing the document in January 1945. The primary impetus for creating the office of lieutenant governor was to ensure a smooth succession in the event of a vacancy in the governorship. Before 1945, if the governor died, the state senators would choose the president of the senate, who would then become the new governor. This situation occurred several times in the nineteenth century. The 1945 Constitution aimed to streamline the process by creating the position of lieutenant governor, who would be next in line to assume the governorship until the next general election.
The lieutenant governor is also the constitutionally mandated president of the Georgia Senate. This role was expanded by Griffin, who started the tradition of naming chairmen to senate committees and taking an active role in the leadership of the senate. Unlike the governor, who is limited to two consecutive terms, the lieutenant governor can serve an unlimited number of terms. Candidates for lieutenant governor must be at least thirty years old, a US citizen for a minimum of fifteen years, and a resident of Georgia for at least six years before the election. They are elected independently of the gubernatorial nominee, meaning the state's two highest officials may view each other as political opponents.
Efforts to revise the 1945 Constitution began as early as 1963, with a new version drafted by a revision commission approved by the General Assembly in 1964. However, due to legal concerns, it was never submitted to the people. Another major revision effort began in 1969, but the resulting document was approved by the house and not the senate in 1970. The 1976 Constitution was a more thorough revision, and the 1983 Constitution, which is currently in effect, was an even more significant rewrite, prohibiting local amendments and using simpler, modern English.
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The 1983 Constitution was a large re-write
Georgia has had ten constitutions, with the current one being ratified in 1983. The 1983 Constitution was a large re-write, the first truly "new" constitution since 1877. It was the culmination of almost two decades of discussion, debate, and compromise.
The 1983 Constitution was about half as long as the 1976 Constitution. It was better organized, and used simple modern English instead of arcane and cumbersome terminology. It also prohibited the inclusion of any further constitutional amendments relating to only a particular city, county, or other local political subdivision. The 1983 Constitution gave the General Assembly greater flexibility to deal by statute with many matters that had previously been covered in the constitution itself.
The process of amending the Georgia Constitution is outlined in Article X of the 1983 Constitution. Amendments may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate. Following this, the proposed amendment must be ratified by a majority of voters. A constitutional convention can also be called if two-thirds of the members of both houses of the Georgia General Assembly agree.
The 1983 Constitution was drafted by 193 elected members in 1877, following the end of the Reconstruction era. This constitution included much more detail in almost all of its articles, restricting both individuals and institutions. It was amended 301 times over its lifetime. The 1983 Constitution built on this document, incorporating provisions from the 1877 Constitution as well as new provisions.
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Frequently asked questions
The current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution. However, there is no definite answer to the number of times it has been amended as Georgia has used three different methods of constitutional revision: seven were revised by constitutional conventions, two by constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly.
Amendments to the Georgia Constitution may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate, followed by ratification by a majority of the electors.
The Georgia Constitution has undergone several significant changes, including:
- The Constitution of 1789 brought the Georgia Constitution in line with the United States Constitution.
- The Constitution of 1798 brought the popular election of the governor.
- The Constitution of 1861 added a Bill of Rights.
- The Constitution of 1865 prohibited slavery.
- The Constitution of 1868 established free public education and promoted racial equality.
- The Constitution of 1945 introduced a lieutenant governor.
- The Constitution of 1976 was longer and more detailed than the 1983 Constitution.
- The Constitution of 1983 prohibited amendments relating to specific local areas and was written in simple modern English.
