Malcolm Rivera
The Constitution of the State of Georgia is the governing document of the U.S. State of Georgia. It outlines the three branches of government in Georgia: the legislative branch, the executive branch, and the judicial branch. Georgia has had 10 constitutions, the current and tenth of which was ratified on November 2, 1982, and came into effect in 1983. The current constitution has 11 articles, outlining the rights of citizens, voting and elections, the legislative branch, constitutional boards and commissions, the executive branch, the judicial branch, taxation and finance, education, counties and municipal corporations, amendments to the constitution, and miscellaneous provisions.
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What You'll Learn
The three branches of government
The Georgia Constitution outlines the three branches of government in Georgia. The legislative branch is represented by the bicameral General Assembly, which exercises legislative power and defines the direction of the country's domestic and foreign policies. The executive branch is headed by the Governor, who is now popularly elected, and the judicial branch is led by the Supreme Court.
The legislative branch, embodied in the General Assembly, is responsible for controlling the activities of the government within the scope established by the Constitution. It is the dominant branch of government, and its powers are carefully defined in the Constitution. The legislative branch also includes Constitutional Boards and Commissions, such as the Public Service Commission, the State Board of Pardons and Paroles, and the State Transportation Board, each outlined in Article Four of the Constitution.
The executive branch, outlined in Article Five, is led by the Governor, who is now elected by the people. This branch includes the Prosecutor's Office, which is independent and led by the General Prosecutor, nominated by the Prosecutors' Council and elected by Parliament.
The judicial branch, outlined in Article Six, is headed by the Supreme Court of Georgia, which acts as the Court of Cassation. The Supreme Court consists of at least 28 judges, who are elected for life by a majority vote of Parliament upon nomination by the High Council of Justice.
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Constitutional conventions
The Georgia Constitution has been revised several times, with the current and tenth iteration being ratified on November 2, 1982, and coming into effect in 1983. This version of the constitution is a mixture of old and new, containing provisions from the 1877 constitution, as well as new provisions. 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 1861 convention, for example, resulted in the adoption of the Ordinance of Secession, reflecting concerns about federal interference in slavery and the balance of slaveholding and nonslaveholding states. The 1868 convention, dominated by northerners and northern sympathizers, debated major issues such as the Fourteenth Amendment, Black suffrage, and the separation of powers.
The 1983 Constitution, while building upon previous versions, introduced new provisions such as the division of the courts into seven distinct classes, uniform court rules, the nonpartisan election of judges, and an equal protection clause. It also retained and refined provisions from the 1877 constitution, such as those related to taxation and state finances, and the two-year term and two-term limit for governors.
The Georgia Constitution, like other state constitutions, serves as the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual rights, and other matters. It defines the three branches of government: the legislative branch (embodied in the bicameral General Assembly), the executive branch (headed by the Governor), and the judicial branch (headed by the Supreme Court).
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Amendments
The Georgia Constitution has been amended 91 times. Voters most recently approved amendments on November 5, 2024. Amendments to the 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. Following this, they must be ratified by a majority of electors qualified to vote for members of the General Assembly at the next general election.
Georgia does not feature a process for initiated constitutional amendments. Thus, amendments in Georgia can be put on the ballot through referral by the legislature or by a constitutional convention. Over time, 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 1983 Constitution was the first truly "new" constitution since 1877. It contained provisions that first appeared in the Constitution of 1877 and also incorporated other provisions that had never existed before. For example, the 1877 constitution was amended to include the division of the courts into seven distinct classes, a requirement for uniform court rules and record-keeping rules by class for all classes of courts, the nonpartisan election of judges, and an equal protection clause.
The 1835 amendment to the 1798 constitution authorized a state supreme court, though it was not established until 1845.
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The Bill of Rights
The Georgia Constitution is the governing document of the US State of Georgia. The current constitution, adopted in 1983, is the state's tenth constitution. It has been amended 91 times, with the most recent amendments approved by voters on November 5, 2024.
One key principle enshrined in the Bill of Rights is the inherent rights of the people of Georgia. It states that the enumeration of rights in the Constitution does not deny the people any inherent rights they have traditionally enjoyed. This provision ensures that the listed rights are not seen as exhaustive and that citizens retain any rights not explicitly mentioned.
Another important aspect of the Bill of Rights is the recognition of the origin and foundation of government. It affirms that all governments derive their power from the people and exist solely for the benefit and good of the whole. Public officers are considered trustees and servants of the people, accountable to them at all times. The people of Georgia are also guaranteed the inherent right to regulate their internal government and make changes whenever necessary for the public good.
Furthermore, the Bill of Rights addresses sovereign immunity, which extends to the state of Georgia and its departments and agencies. It outlines that sovereign immunity can only be waived by an Act of the General Assembly specifically waiving this protection. Additionally, it clarifies that any waiver of sovereign immunity does not extend to immunities provided by the United States Constitution.
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Voting and elections
The constitution carefully outlines which powers each branch may exercise. For example, the legislative branch, dominated by the legislature, has powers related to taxation and state finances. The executive branch, headed by the Governor, has powers related to the state's domestic and foreign policies, and control over the activities of the Government within the scope established by the Constitution. The judicial branch, headed by the Supreme Court, interprets and applies the law, and may also have a role in reviewing and approving constitutional amendments.
The Georgia Constitution has provisions for the election of the Governor, judges, and members of the legislature. It also outlines the qualifications of the electorate, particularly suffrage for Black Americans, which was a major issue debated during the constitutional convention of 1867-1868. The constitution also provides for the popular election of judges, with the nonpartisan election of judges being a provision of the 1983 Constitution.
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 must then be ratified by a majority of electors qualified to vote for members of the General Assembly at the next general election. Georgia does not feature a process for initiated constitutional amendments, so amendments are typically put on the ballot through referral by the legislature or by a constitutional convention.
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Frequently asked questions
The Constitution of the State of Georgia is the governing document of the U.S. State of Georgia. It outlines the three branches of government in Georgia and the powers each branch may exercise.
Georgia has had 10 constitutions. The current and tenth Georgia State Constitution was ratified on November 2, 1982, and came into effect in 1983.
The Georgia Constitution has 11 articles. Here is a brief overview of the first five:
- Article I: "Bill of Rights"
- Article II: "Voting and Elections"
- Article III: "Legislative Branch"
- Article IV: "Constitutional Boards and Commissions"
- Article V: "Executive Branch"
