Malcolm Rivera
The Constitution of the State of Georgia is the governing document of the US State of Georgia. Georgia has had ten different constitutions in its history, with the current and tenth constitution being ratified on November 2, 1982, and coming into effect in 1983. The 1983 Constitution is the culmination of almost twenty years of discussion, debate, and compromise and is the first truly new constitution since 1877. It is half the length of the previous 1976 constitution, better organized, and written in simple modern English. It outlines the three branches of government in Georgia, namely the legislative, executive, and judicial branches, and carefully describes which powers each branch may exercise.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 10 |
| Current Constitution | 1983 |
| Number of Articles | 11 |
| Number of Amendments | 91 |
| Last Amendment | November 5, 2024 |
| Amendment Process | Proposal by Georgia legislature, approved by two-thirds majority vote of both state House and Senate, followed by ratification by majority of electors |
| Previous Constitution | 1976 |
| Number of Ruling Documents | 12 |
| First Constitution | 1777 |
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What You'll Learn
The current Georgia Constitution
Georgia's current constitution, established in 1983, is the culmination of almost two decades of discussion, debate, and compromise. It is the first truly "new" constitution since 1877 and is about half the length of its 1976 predecessor. The 1983 constitution is better organised and written in simple, modern English. It also gives the General Assembly greater flexibility to deal by statute with matters previously covered in the constitution. The most significant change is the prohibition of any further constitutional amendments relating to a specific city, county, or local political subdivision.
The current constitution reflects Georgia's status as an independent, unified, and indivisible state, as confirmed by the Referendum of March 31, 1991, and the Act of Restoration of State Independence of April 9, 1991. The constitution draws on the state's historical and legal legacy, including the Constitution of Georgia of 1921.
The document outlines the state's commitment to establishing a democratic social order, economic freedom, and the protection of universally recognised human rights and freedoms. It also emphasises enhancing state independence and fostering peaceful relations with other peoples. Georgia's legislation complies with universally accepted international law principles and norms, and international treaties take precedence over domestic normative acts unless they conflict with the constitution or the Constitutional Agreement of Georgia.
The current constitution strengthens the governor's role, increasing the term to four years with no prohibition on re-election. The governor has the power to appoint state officials and pardon individuals, and the state judicial system has been simplified. The General Assembly is tasked with providing a system of free general education for all children in the state.
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Previous versions
Georgia has had ten different constitutions in its history, not counting its royal charter granted in 1732. The first constitution was drafted in 1777, and the current constitution was ratified in 1982, coming into effect in 1983.
The 1777 constitution was updated in 1789 and 1798. The 1795 convention, which produced a document bearing similarities to the 1789 constitution, was postponed until 1798. The 1798 constitution prohibited land sales similar to those that had prompted the Yazoo fraud.
A new constitution was adopted at the beginning of the Civil War in 1861, and at the end of the war in 1865. The 1861 Constitution was patterned largely after the Confederate Constitution and was the first state constitution to be submitted to the people for ratification. It included a lengthy bill of rights, incorporating the concepts of due process and judicial review for the first time. The 1865 Constitution was rejected, and Georgia was placed under military control.
Another new constitution was adopted during Reconstruction in 1868. This constitution aimed to provide rights for African Americans and promote racial equality in the state. It incorporated the 14th Amendment and granted suffrage to all males over the age of 21 regardless of race. The 1868 Constitution was followed by new constitutions in 1945, 1976, and the current constitution of 1983.
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The legislative branch
The Constitution of the State of Georgia outlines the three branches of the state government, with the legislative branch embodied in the bicameral General Assembly. The legislative branch is responsible for passing laws and controlling the state's finances. The General Assembly is composed of the House of Representatives and the Senate, with each county guaranteed at least one representative.
The General Assembly has the power to pass laws, levy taxes, and appropriate funds for the state's operations. It also has the authority to propose amendments to the state constitution, which must be approved by a two-thirds majority vote in both the House and the Senate, followed by ratification by a majority of qualified electors. The legislative branch also has the power to impeach state officials, including the governor, and to confirm or reject the governor's appointments to certain offices.
The current Georgia Constitution, the state's tenth, was ratified in 1982 and came into effect in 1983. It replaced the previous 1976 constitution, providing greater flexibility to the General Assembly by allowing many matters previously addressed in the constitution to be dealt with by statute. The 1983 Constitution prohibited further amendments relating to specific local political subdivisions, marking a significant change from the 1976 version.
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The executive branch
The Constitution of the State of Georgia outlines the three branches of government in the state, one of which is the executive branch. Headed by the Governor, the executive branch's powers and responsibilities are carefully outlined in the constitution, which serves as the state's fundamental governing document.
Georgia has had ten different constitutions in its history, not counting its royal charter granted in 1732 by George II of Great Britain, after whom the colony was named. The charter placed Georgia under the control of Trustees, led by James Oglethorpe, until 1752 when they surrendered their charter and Georgia became a crown colony. The first formal constitution was drafted in 1777, and the current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution.
The 1983 constitution, which is about half the length of the 1976 version, is better organized and written in simple modern English. It also gave the General Assembly greater flexibility to deal with statutes that were previously covered in the constitution itself. One of the most significant changes was the prohibition of any further constitutional amendments related to a specific city, county, or local political subdivision.
The constitution outlines the specific powers and responsibilities of the executive branch, ensuring a clear separation of powers between the branches of government. It provides a framework for governance, including the organization and structure of the executive branch, and defines the individual rights and freedoms of Georgia's citizens.
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The judicial branch
The Georgia Constitution outlines the three branches of the state government, with the judicial branch being one of them. The judicial branch is headed by the Supreme Court. The constitution outlines the powers that each branch may exercise.
The state's first constitution, drafted in 1777, was updated in 1789 and 1798. The 1861 Constitution, the first state constitution to be submitted to the people for ratification, included a lengthy bill of rights. The concepts of due process and judicial review were also included for the first time. The 1865 Constitution was rejected, and Georgia was placed under military control. The 1868 Constitution, drafted during the Reconstruction era, was aimed at providing rights for African Americans and promoting racial equality in the state. It incorporated the 14th Amendment and granted suffrage to all males over the age of 21, regardless of race.
The 1945 and 1976 Constitutions were followed by the current constitution, which was ratified in 1982 and came into effect in 1983. This constitution is about half as long as the 1976 version and is written in simple modern English. It prohibits the inclusion of any constitutional amendments relating to a specific city, county, or local political subdivision. It has been amended 91 times, with the most recent amendments approved by voters on November 5, 2024.
The Georgia Constitution is the fundamental document outlining the state's governance framework, including the powers, structure, and limitations of the state government, as well as individual and civil rights. It is worth noting that Georgia does not have a process for initiated constitutional amendments, so amendments are put on the ballot through referral by the legislature or a constitutional convention.
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Frequently asked questions
The final part of the Georgia Constitution is Section IV, which describes marriage as being between a man and a woman and prohibits same-sex marriage.
The Georgia Constitution outlines the three branches of government in Georgia: the legislative branch, the executive branch, and the judicial branch. It also includes a bill of rights, which provides for freedoms such as freedom of conscience and religion.
Georgia has had ten constitutions, not counting its royal charter granted in 1732.
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. They then must be ratified by a majority of electors. Alternatively, amendments can be put on the ballot through referral by the legislature or by a constitutional convention.
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