Malcolm Rivera
Georgia's constitution has undergone several revisions throughout its history, reflecting the state's evolving political, economic, and social landscape. The current constitution, adopted in 1983, is the state's tenth and contains 11 articles outlining the framework for governance, rights, and other matters. This constitution introduced significant changes, including a focus on modern, simple language and greater flexibility for the General Assembly. The document is divided into several parts, including the Bill of Rights, Voting and Elections, the Executive Branch, the Judicial Branch, Taxation and Finance, and Amendments. Each section details the rights of citizens, the structure and powers of the government, and the processes for making changes to the constitution.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 10 |
| Current Constitution | Adopted in 1983 |
| Number of Articles in Current Constitution | 11 |
| Number of Amendments | 91 |
| Last Amendment | November 5, 2024 |
| First Constitution | 1777 |
| First Constitution with Bill of Rights | 1861 |
| First Constitution to be submitted to people for ratification | 1861 |
| First "New" Constitution since 1877 | 1983 |
| Length of 1983 Constitution compared to 1976 Constitution | About half |
| Number of Ruling Documents | 12 |
| Executive Branch | Article Five |
| Judicial Branch | Article Six |
| Taxation and Finance | Article Seven |
| Suffrage in 1868 Constitution | All males over 21 regardless of race |
| Governor's Term Length | 4 years |
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What You'll Learn
The Georgia Bill of Rights
The Bill of Rights guarantees various liberties, including the freedom of conscience, religion, speech, and press. It protects the right to assemble and petition, ensuring that people can gather peacefully and seek redress from the government. It also prohibits bills of attainder, ex post facto laws, and retroactive laws that impair contracts or grant special privileges. The right to a trial by jury, grand jurors, and trial jurors is ensured, along with the right to prosecute or defend oneself in court.
The Georgia Constitution goes beyond the federal Constitution by including liberties such as "Freedom of Conscience", protection against abuse during arrest or imprisonment, and the prohibition of whipping and banishment as punishment for crimes. The Georgia courts are the final arbiters of the Georgia Constitution, and their interpretations have, at times, provided more protection to individual liberty than similar provisions in the US Constitution.
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Executive Branch
The Executive Branch of Georgia's government is outlined in Article 5 of the state's constitution. This article consists of four sections.
Section I details the election of the governor and lieutenant governor. The governor is Georgia's main executive official and head of state, currently Brian Kemp. Elected to a four-year term by Georgia voters, the governor is not allowed to hold office for more than two consecutive terms. The current lieutenant governor is Burt Jones, who presides over the senate.
Section II lists the duties and powers of the governor. These include overseeing the state budget, nominating officials to positions in state government (subject to approval by the Georgia General Assembly), and working with a variety of other elected officials and appointed administrators. The governor can also dismiss various department and agency heads, substituting them with persons selected according to their own policy preferences.
Section III discusses other elected officials, including the secretary of state, currently Brad Raffensperger; the attorney general, currently Chris Carr; and the state school superintendent, currently Richard Woods.
Section IV discusses the disability of executive officers and how to choose a successor should an executive officer become permanently disabled.
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Judicial Branch
The Judicial Branch of Georgia's government is described in Article Six of the state constitution. The judicial power of the state is vested in seven levels or classes of courts. The Georgia court system has two appellate-level courts: the Supreme Court of Georgia and the Court of Appeals of Georgia. The Supreme Court of Georgia has the power to discipline, remove, and cause the involuntary retirement of judges. The Court of Appeals was established by a constitutional amendment in 1906.
There are five classes of trial-level courts: the superior, state, juvenile, probate, and magistrate courts. The superior courts are trial courts of general jurisdiction, handling both civil and criminal law actions. They have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divorce cases; and in equity cases. Each county is to have at least one superior court, or be part of a judicial circuit composed of several counties.
Magistrate court jurisdiction includes civil claims of $15,000 or less, dispossessory writs, county ordinance violations, misdemeanor deposit account fraud (bad checks), preliminary hearings, issuance of summons, arrest warrants, and search warrants. The chief magistrate of each county assigns cases, schedules court sessions, and appoints other magistrates (with the consent of the superior court judges of the judicial circuit).
In addition to the seven classes of courts, approximately 400 municipal and/or special courts operate at the local level.
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Taxation and Finance
Article Seven of the Georgia State Constitution deals with taxation and finance. It comprises four sections, each dealing with a specific aspect of taxation and finance.
Section I outlines the power of taxation, including limitations on grants of tax powers, taxing power limitations, and uniformity of taxation. It also covers the classification of property and the assessment of agricultural land and utilities.
Section II focuses on exemptions from ad valorem taxation, addressing unauthorized tax exemptions, exemptions on property taxation, locally authorized exemptions, and the purposes for which taxation powers may be exercised.
Section III discusses the purposes and methods of state taxation, including revenue allocation to the general fund and grants to counties and municipalities.
Section IV addresses state debt, outlining the state's approach to managing debt and its financial obligations. This section is detailed and specific, with eleven paragraphs dedicated to different aspects of state debt.
The Georgia Constitution has been revised multiple times, with the current version adopted in 1983. It reflects the state's history, including the inclusion of rights for African Americans and the promotion of racial equality after the Civil War. The 1983 constitution is significantly shorter and more flexible than its predecessor, using modern English for better comprehension.
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Amendments
Georgia has had 10 constitutions and the current constitution, adopted in 1983, has been amended 91 times. The most recent amendments were approved by voters on November 5, 2024. Amendments in Georgia can be put on the ballot through referral by the legislature or by a constitutional convention.
The 1983 constitution was the first truly "new" constitution since 1877 and was the result of almost 20 years of discussion, debate, and compromise. It was about half as long as the 1976 Constitution, better organized, and written in simple modern English. It also gave the General Assembly greater flexibility to deal by statute with many matters that had previously been covered in the constitution itself. The most significant change between the 1976 and 1983 Constitutions was the latter's prohibition of any further amendments relating to a specific city, county, or other local political subdivision.
The 1865 Constitution was rejected when Georgia's legislature refused to ratify the Fourteenth Amendment to the U.S. Constitution, a specific condition for readmission to the Union. This led to Georgia being placed under military control. The subsequent constitution, adopted in 1868, incorporated the 14th Amendment and granted suffrage to all males over 21 regardless of race.
The 1861 Constitution, patterned after the Confederate Constitution, was the first state constitution to be submitted to the people for ratification. It included a lengthy bill of rights, much of which remains part of the state constitution today.
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Frequently asked questions
The current Georgia Constitution, which was adopted in 1983, has 11 articles. Here are some of the key articles:
- Article I: "Bill of Rights"
- Article II: "Voting and Elections"
- Article III: "Legislative Branch"
- Article IV: "Constitutional Boards and Commissions"
- Article V: "Executive Branch"
- Article VI: "Judicial Branch"
- Article VII: "Taxation and Finance"
- Article VIII: "Education"
The Georgia Constitution has been amended 91 times as of 2024. Here are some key amendments:
- Amendments in 1992 and 2004 allowed for the creation of the lottery and banned recognition of same-sex marriage, respectively.
- The 1983 Constitution prohibited the inclusion of any further constitutional amendments relating to only a particular city, county, or local political subdivision.
- The 1865 Constitution prohibited slavery and limited the governor to two terms.
The Georgia Constitution can be amended through a proposal at a constitutional convention, which requires a two-thirds majority vote by both houses of the legislature and a simple majority of state voters. Alternatively, amendments can be put on the ballot through referral by the legislature or by a constitutional convention.
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