Eleanor Finch
The Georgia Constitution is the state constitution of Georgia, 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 10 constitutions, with the current one being adopted in 1983 and amended 91 times. The document is divided into 11 articles, with Article I containing the Bill of Rights for Georgians, and Article II covering voting and elections. Article III establishes the legislative branch, while Article V outlines the executive branch and Article VI the judicial branch. Each article is further divided into sections, with Section V responsible for Veterans Service, and Section VI creating the Board of Natural Resources. These sections outline the qualifications, compensation, and duties of members of constitutional boards.
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Voting and elections
The Georgia Constitution has had 10 constitutions, with the current one adopted in 1983 being the 12th ruling document. The current constitution has 11 articles and has been amended 91 times. The most recent amendments were approved by voters on November 5, 2024.
The Georgia Constitution provides the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Amendments to the constitution are covered in Article Ten, which has one section and nine paragraphs. Article Eleven, or the Miscellaneous Provisions, contains one section and six paragraphs discussing the continuation of officers, boards, commissions, and authorities.
Article Two of the Georgia Constitution outlines the procedures for voting and elections. Paragraph I states that elections by the people shall be conducted by secret ballot and in accordance with the law. Paragraph II affirms the right to register and vote for every US citizen residing in Georgia who is at least 18 years old, meets minimum residency requirements, and is not disenfranchised or convicted of a felony. It also mandates the General Assembly to provide a method for voter registration. Paragraph III outlines exceptions to the right to register and vote, including disqualification for those convicted of felonies or deemed mentally incompetent.
Paragraph V of Article Two addresses vacancies created by elected officials running for another office. It states that if an elected official qualifies for another office and the term begins more than 30 days before the expiration of their current term, their current office shall be declared vacant. Paragraph X outlines the procedure for a run-off election, stating that only those eligible and designated for the general election can vote and be counted in the tabulation.
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Executive branch
The Executive Branch of Georgia's government is outlined in Article 5 of the state's constitution, which consists of four sections.
Section I of Article 5 details the election of the governor and lieutenant governor. The governor is the chief executive officer of Georgia and the commander of the National Guard and state law enforcement officers, such as the Georgia state police. The governor also has the power to dismiss various department and agency heads and appoint substitutes in accordance with their own policy preferences. The lieutenant governor serves as second-in-command in Georgia.
Section II of Article 5 lists the duties and powers of the governor, including overseeing the state budget and enforcing state laws. The governor also interacts with other state leaders and agencies, cities, other states, and the federal government. They negotiate trade relationships and commercial ties with foreign interests.
Section III of Article 5 discusses other elected officials in the executive branch, including the attorney general, the secretary of state, and the commissioners of agriculture, insurance, and labour. The attorney general is the state's chief legal officer, advising the governor on legal matters, representing the state in felony cases, and prosecuting state officials who break the law. The secretary of state organizes and oversees all state election activities and maintains public records. The commissioners each preside over their own executive department.
Section IV of Article 5 discusses the disability of executive officers and how to choose a successor should an officer become permanently disabled.
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Judicial branch
The Georgia Constitution establishes a republican form of government with three branches: the legislature, executive, and judiciary. The Judicial Branch, outlined in Article Six, contains ten sections that discuss the different courts and their powers and jurisdictions.
The 1983 Constitution of Georgia vests the judicial power of the state 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 is led by the chief justice (chairperson) of the state, who is also the vice chairperson of the Judicial Council. The Court of Appeals of Georgia is the other appellate court.
There are five classes of trial-level courts: the superior, state, juvenile, probate, and magistrate courts. The superior court is the most familiar trial court in Georgia’s judicial branch. Each county must have at least one superior court or be part of a judicial circuit of several counties. Superior courts have general jurisdiction, meaning they hear almost any civil or criminal case. The magistrate court has jurisdiction over civil claims of $15,000 or less, dispossessory writs, county ordinance violations, misdemeanor deposit account fraud (bad checks), preliminary hearings, issuance of summons, and arrest and search warrants.
In addition to these courts, approximately 400 municipal and/or special courts operate at the local level. The municipal court deals with ordinance violations and traffic citations.
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Amendments
Georgia has had 10 constitutions, with the current one being the state's 12th ruling document. The current constitution, adopted in 1983, has been amended 91 times. The most recent amendments were approved by voters on November 5, 2024.
The process of amending the Georgia Constitution is outlined in Article X, which contains one section with nine paragraphs discussing amendments. Amendments can be put on the ballot through referral by the legislature or by a constitutional convention. Notably, Georgia does not feature a process for initiated constitutional amendments.
The 1983 Constitution was the first "new" constitution since 1877 and was the result of almost two decades of discussion, debate, and compromise. It included provisions from the 1877 Constitution, such as the division of courts into seven distinct classes, as well as new provisions like the requirement for uniform court rules and record-keeping, the nonpartisan election of judges, and an equal protection clause.
The history of Georgia's constitutions is closely tied to significant historical events, with seven of the state's constitutions being directly associated with war-related periods. The first constitution, completed in February 1777, was created shortly after Georgia accepted the Declaration of Independence. It remained in effect for 12 years and established the foundation for the state's governance.
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Historical context
Georgia has had 10 constitutions and 12 ruling documents, from the colonial charter issued in 1732 to the current state constitution, which was adopted in 1983. The current constitution has 11 articles and has been amended 91 times.
The first attempt at constitutional government in Georgia was initiated in April 1776 by the Provincial Congress called by the Georgia Trustees. This was in response to a series of mass meetings held throughout the colony and provided a framework for the transition from colony to state. The first state constitutional convention was organised shortly after Georgia accepted the Declaration of Independence. Completed in February 1777, this constitution was executed without being submitted for voter ratification and remained in effect for 12 years. It vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included basic rights such as freedom of religion, freedom of the press, and trial by jury.
In November 1788, Georgia revised the 1777 Constitution through a constitutional convention to assure conformity with the newly ratified US Constitution. The resulting 1789 Constitution was Georgia's shortest and was modelled after the US Constitution. Each county was guaranteed at least one representative, and the House was apportioned by population.
The 1798 Constitution was one of only three framed completely under peaceful conditions. It was twice as long as the previous version and included detailed prescriptive measures. It clarified provisions of the former constitution and, in light of the Yazoo land fraud, more carefully defined legislative power. The 1798 Constitution remained in effect for 63 years.
The 1983 Constitution was the first truly "new" constitution since 1877 and was the culmination of almost 20 years of discussion, debate, and compromise. It included a mixture of old and new provisions, such as the division of courts into seven distinct classes, a requirement for uniform court rules, and an equal protection clause.
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Frequently asked questions
The Georgia Constitution is the state constitution of Georgia, 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 10 constitutions, with the current one being adopted in 1983.
The current Georgia Constitution has 11 articles.
