Jonah Patel
The Constitution of the State of Georgia is the governing document of the U.S. State of Georgia. Georgia has had ten different constitutions in its history, including its royal charter granted in 1732. The current and tenth Georgia State Constitution was ratified on November 2, 1982, and came into effect in 1983. It outlines the three branches of government in Georgia: the legislative branch, the executive branch, and the judicial branch. The constitution also carefully outlines which powers each branch may exercise.
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What You'll Learn
The three branches of government
The Georgia Constitution outlines the three branches of government in the state. These are the legislative branch, the executive branch, and the judicial branch.
The legislative branch is embodied in the bicameral General Assembly. The General Assembly was first established in the 1789 Constitution, replacing the unicameral Congress. The legislative branch is responsible for passing laws and has the power to select the governor.
The executive branch is headed by the Governor, who is commander of Georgia's military forces. The Governor is elected and serves a two-year term. The executive branch is responsible for carrying out the laws passed by the legislative branch.
The judicial branch is headed by the Supreme Court and includes the state's court system. The judicial branch interprets the laws and ensures they are applied fairly and equally. The 1835 amendment to the 1798 Constitution authorized the establishment of a state supreme court, though it was not implemented until 1845.
The Constitution carefully outlines the powers that each branch may exercise and provides a framework for the organization of these branches. Amendments to the Constitution can be proposed in the Georgia legislature and must be approved by a two-thirds majority vote in both the state House and state Senate. The Constitution can also be amended through a constitutional convention, which must be supported by a two-thirds majority vote in both houses of the legislature and a simple majority of state voters.
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The legislative branch
In contrast, the 1789 constitution slightly weakened the power of the legislature by providing for a bicameral legislature, an executive branch, and a judicial branch. This constitution also extended the governor's term from one year to two years.
The Georgia Constitution has been amended numerous times, with 91 amendments as of 2024. Amendments can be proposed in the Georgia legislature and must be approved by a two-thirds majority vote in both the state House and state Senate. They then require ratification by a majority of electors qualified to vote for members of the General Assembly at the next general election.
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.
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The executive branch
The Georgia Constitution provides a framework for the state's governance, including the powers, structure, and limitations of the government, as well as individual and civil rights. It includes provisions for the election and role of the Governor, such as the power to select certain officials and the command of the state's military forces.
The constitution also includes a Bill of Rights, guaranteeing certain freedoms and protections for the citizens of Georgia. These include the right to freedom of religion, freedom of the press, and trial by jury, as well as the separation of church and state. The constitution further outlines contempt laws, the superiority of civil authority over the military, and prohibitions on specific forms of gambling. It also covers treason, punishments for crimes, and involuntary servitude.
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The judicial branch
The Georgia Constitution outlines the three branches of government in Georgia: the legislative, executive, and judicial branches. The judicial branch, established in Article VI of the Georgia Constitution, is headed by the Supreme Court.
Article VI of the Georgia Constitution establishes the court system within the judicial branch. The power of the courts to punish for contempt is limited by legislative acts. The judiciary is responsible for declaring legislative acts in violation of the Georgia Constitution or the U.S. Constitution as void. The civil authority is established as superior to the military, and the separation of church and state is outlined, prohibiting the use of public funds for religious purposes.
The Georgia Constitution also defines treason against the state, outlining that no person shall be convicted of treason without the testimony of two witnesses or a confession in open court. It prohibits banishment and whipping as forms of punishment for crimes and establishes that there shall be no involuntary servitude within the state except as punishment for crimes or for contempt of court.
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Amendments
The Georgia Constitution is the state constitution of Georgia. 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 ten constitutions in its history, not counting its royal charter granted in 1732. The current and tenth Georgia State Constitution was ratified on November 2, 1982, and came into effect in 1983, replacing the previous 1976 constitution.
The Constitution can also be amended by proposal at a constitutional convention, which must receive the support of a two-thirds majority vote by both houses of the legislature and a simple majority of state voters. 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.
The 1877 Constitution, for example, was amended numerous times, with many amendments dealing with the structure of government, altering legislative apportionment and powers, and introducing popular elections of judges.
The Georgia Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention.
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Frequently asked questions
The Georgia Constitution is the state constitution of Georgia. It is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government.
Georgia has had 10 constitutions, not counting its royal charter granted in 1732.
The legislative branch, the executive branch, and the judicial branch.
The Preamble to the Georgia State Constitution describes the principles that the Constitution is meant to serve. While it does not grant or prohibit any authority to the state government, it has been used by the Supreme Court of Georgia in deciding cases.
Amendments to the Georgia Constitution can be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate. Amendments can also be proposed at a constitutional convention, which requires the support of a two-thirds majority vote by both houses of the legislature and a simple majority of state voters.
