Eleanor Finch
Georgia has had ten constitutions, seven of which were directly associated with war-related periods. The first, completed in February 1777, vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included basic rights such as freedom of religion and freedom of the press. The 1983 Constitution was the first truly new constitution since 1877 and contained provisions that had never been seen before, such as the division of courts into seven distinct classes. The most recent constitution, from 1995 (rev. 2018), establishes Georgia as a democratic republic, with the Parliament of Georgia as the supreme representative body of the country. This article will explore the different sections of the Georgia Constitution and the body responsible for implementing them.
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What You'll Learn
The Georgia Bill of Rights
The 1865 Constitution, adopted during the era of Presidential Reconstruction, prohibited slavery and included the right to suffrage for all males over 21 regardless of race. The 1868 Constitution, adopted during Reconstruction, included Georgia's version of the federal Equal Protection Clause and prohibited whipping as a punishment for a crime. The 1945 Constitution made permanent changes such as setting the voting age at 18 and introducing a literacy test for voters.
The current Georgia Constitution was adopted in 1983 and includes modernised wording of the provisions from previous constitutions, with some additional rights, such as the recognition of women's rights. The Georgia Bill of Rights is more protective of individual liberty than textually similar provisions in the U.S. Constitution, as Georgia courts are the final arbiters of the Georgia Constitution's meaning.
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Executive Branch
The Constitution of Georgia outlines the three branches of the state's government: the legislative branch, the executive branch, and the judicial branch. The executive branch is detailed in Article V of the constitution, which is made up of four sections.
The executive branch is headed by the Governor, who is Georgia's main executive official and head of state. The Governor is elected to a four-year term by Georgia voters and is not allowed to hold office for more than two consecutive terms. The Governor's duties include overseeing the state budget and leading an executive branch of more than 100,000 employees. They are also in charge of nominating officials to positions in the state government, although these nominations must be approved by the Georgia General Assembly.
Section I of Article V details the election of the Governor and Lieutenant Governor. The Lieutenant Governor position was added to the constitution in 1945. Section II lists the duties and powers of the Governor. The Governor's powers have changed over time; for example, under the 1777 constitution, the Governor was forced to rely on an executive council for many decisions, and this council had the power to veto the Governor's actions.
Section III of Article V discusses other elected officials within the executive branch, while Section IV addresses 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 outlines the three branches of the state government: the executive, legislative, and judicial branches. The judicial branch is headed by the Supreme Court of Georgia, which is the highest court in the state. The judicial branch's primary role is to interpret state laws and administer justice through the legal system.
Article VI of the Georgia Constitution, titled "Judicial Branch," establishes the court system within the judicial branch. This article contains ten sections that outline the various courts' powers, jurisdictions, and functions. The Georgia court system has two appellate-level courts: the Supreme Court of Georgia and the Court of Appeals of Georgia. These appellate courts hear appeals from lower courts and provide a final decision on legal matters.
The state also has five classes of trial-level courts: superior courts, state courts, probate courts, juvenile courts, and magistrate courts. Superior courts are the most common trial courts and have general jurisdiction to hear almost any civil or criminal case. Each county in Georgia is required to have at least one superior court. Magistrate courts handle civil claims up to $15,000, dispossessory writs, county ordinance violations, misdemeanour deposit account fraud, and various other legal matters. Probate courts handle matters related to estates, wills, and trusts. Juvenile courts deal exclusively with cases involving minors, and they have dedicated judges who hear these cases.
In addition to the appellate and trial-level courts, Georgia also has approximately 400 municipal and/or special courts operating at the local level. These courts handle specific types of cases or serve particular communities within the state. The Georgia Judicial System is overseen by the Judicial Council, which is responsible for developing policies and improving the state courts' administration. The Administrative Office of the Courts (AOC) staffs the Judicial Council and provides various services to support the judiciary.
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Legislative and executive bodies
The Constitution of the State of Georgia is the governing document of the US State of Georgia. It outlines the three branches of government in Georgia: the legislative, executive, and judicial branches. The legislative branch is embodied in the bicameral General Assembly, while the executive branch is headed by the Governor, and the judicial branch is headed by the Supreme Court.
Article III of the Georgia Constitution establishes and defines the legislative branch of government. The legislative branch is made up of the representatives of the people, who are elected yearly. The representatives are elected on the first Tuesday in December and meet on the first Tuesday in January at Savannah or any other place or places where the House of Assembly directs. On the first day of the meeting, they proceed to choose a governor and an executive council by ballot out of their body. The governor is the main executive official and head of state of Georgia. The governor is elected to a 4-year term by Georgia voters and is in charge of overseeing the state budget and leading an executive branch of more than 100,000 employees. The governor also nominates officials to positions in the state government, subject to the approval of the Georgia General Assembly.
Article V of the Georgia Constitution establishes the executive branch and details the responsibilities of the governor. This Article is made up of four sections. Section I discusses the election of the Governor and Lieutenant Governor, while Section II outlines the duties and powers of the Governor. Section III covers other elected officials, and Section IV addresses the disability of executive officers and the process for choosing a successor should an executive officer become permanently disabled.
The Georgia Constitution provides for the separation of powers between the legislative, executive, and judicial branches. It carefully outlines which powers each branch may exercise. The legislative branch is responsible for enacting legislation and defining funding standards, while the executive branch is responsible for executing the laws and managing the day-to-day operations of the government. The judicial branch interprets the state laws and administers justice through the legal system.
The Georgia Constitution has undergone several revisions since the first formal constitution was drafted in 1777. The current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution. 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.
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Political parties
The Georgia Constitution outlines the rights of citizens to form and participate in political parties. Citizens of Georgia have the right to form a political party and participate in its activities, provided they comply with the organic law. The Constitution also imposes restrictions on political parties, prohibiting those that aim to overthrow or forcibly alter Georgia's constitutional order, infringe on its independence, or promote violence or social strife. The establishment of a political party based on territorial principles is also forbidden.
The Georgia Constitution grants citizens the right to participate in elections and referendums. The document ensures that the will of electors is respected and that citizens can freely express their preferences. The Constitution also establishes the structure and powers of the government, including the executive, legislative, and judicial branches. The Governor, elected by Georgia voters for a four-year term, leads the executive branch and is responsible for overseeing the state budget and appointing officials.
The Georgia General Assembly, comprising the Senate and the House of Representatives, makes up the legislative branch. The Assembly is responsible for creating, debating, and enacting laws that guide the state. It also determines the state's budget and considers proposed amendments to the Constitution. The House of Representatives, or the lower house, is the larger chamber with 180 members, while the Senate has 56 members. The Speaker of the House, always a member of the majority party, is elected by the entire membership and has significant powers, including scheduling debates and assigning members to committees.
The judicial branch interprets state laws and administers justice through the legal system. The Georgia Constitution guarantees certain rights and freedoms, such as the right to a trial by jury, freedom of speech, and the right to assemble peaceably. It also addresses specific issues like eminent domain, libel laws, and the protection of citizens' rights.
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Frequently asked questions
The Preamble to the Georgia State Constitution is a brief introductory statement that describes the principles which the Constitution is meant to serve. It expresses the intentions of its authors in general terms.
Article One of the Georgia Constitution describes the Georgia Bill of Rights. It includes the Rights of Persons, the Origin and Structure of Government, and other General Provisions.
Article Five of the Georgia Constitution describes the Executive Branch of Georgia's government. It includes four sections that detail the election of the Governor and Lieutenant Governor, list the duties and powers of the Governor, discuss other elected officials, and outline the process of choosing a successor if an executive officer becomes permanently disabled.
