Simone Lawson
Georgia has had a long and complex constitutional history, with ten constitutions in total. Georgia's first attempt at a constitutional government was in April 1776, and its first constitutional convention was in October of the same year, producing the Constitution of 1777. Georgia's first constitution was adopted in Savannah. The state's inaugural constitution was revised and ratified on January 2, 1788, when Georgia became one of the first states to adopt a meeting of delegates to create a constitution.
| Characteristics | Values |
|---|---|
| Date Georgia signed the Constitution | 2nd January 1788 |
| Date of Convention | 26th October 1787 |
| Location of Convention | Augusta |
| Number of Delegates from Georgia | 6 |
| Number of Delegates who attended | 4 |
| Number of Delegates who signed | 2 |
| Names of Delegates who signed | Abraham Baldwin and William Few |
| Date of first official Constitution | October 1776 |
| Date of first Constitution | April 1776 |
| Date of Constitution of 1865 | 1865 |
| Date of revised Constitution | 1976 |
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What You'll Learn
Georgia's first constitutional convention
The first attempt at constitutional government in Georgia was initiated in April 1776 by the Provincial Congress, in response to a series of mass meetings held throughout the colony. However, it was the October convention that produced the state's first official constitution.
Constitutional conventions were a distinctly American political innovation, first appearing during the era of the Revolutionary War (1775-1783). Georgia was among the first states to use this method of creating a constitution, and its first convention demonstrated the important distinction between regular legislation and constitutional change.
Georgia has held at least ten constitutional conventions in its history, using three different methods of constitutional revision: seven conventions, two constitutional commissions, and one by the office of legislative counsel of the Georgia General Assembly. The conventions have addressed issues such as the state's relationship with the Union, suffrage, debts, and the separation of powers.
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Georgia's ten constitutions
Georgia has had ten constitutions throughout 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, with an amendment in 1983.
The first attempt at a 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. This document, entitled 'Rules and Regulations of the Colony of Georgia', was designed to be temporary and made the Provincial Congress the most powerful branch of government.
The first formal constitution was drafted in 1777. 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. This constitution was revised in 1789 to conform with the federal document, the U.S. Constitution, which Georgia had ratified in 1788. The 1789 constitution was the shortest of Georgia's constitutions and was modelled after the U.S. Constitution.
Georgia's constitutions of 1777, 1789, 1861, 1865, 1868, 1877, and 1945 were all directly associated with war-related periods. The Constitution of 1798 was one of only three framed completely under peaceful conditions.
In 1974, the governor of Georgia called for an article-by-article revision of the constitution. After he was elected, he requested that the office of legislative counsel prepare a "new" constitution for submission to the voters in the 1976 election. This revision did not produce substantive changes but paved the way for a more thorough revision. In 1977, after the ratification of the 1976 Constitution, the General Assembly created the Select Committee on Constitutional Revision.
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. They must then be ratified by a majority of electors.
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Georgia's 1865 Constitution rejection
Georgia has had ten constitutions, seven of which—those of 1777, 1789, 1861, 1865, 1868, 1877, and 1945—were directly associated with war-related periods. The Constitution of 1865 was drafted during the Reconstruction era that followed the Civil War (1861-65).
The Constitution of 1865 was rejected when the Georgia legislature refused to ratify the Fourteenth Amendment to the U.S. Constitution in November 1866. This was a specific condition for readmission to the Union, and as a result of the rejection, Georgia was placed under military control.
After the establishment of congressional Reconstruction and military rule in 1867, a group of elected delegates met in a new convention. The convention was dominated by northerners and those sympathetic to the north, though its principal leaders had resided in Georgia long enough to develop an interest in the state's welfare. The makeup of the convention, however, led some to label it the "unconstitutional convention".
The major issues debated during the convention included the Fourteenth Amendment, the qualifications of the electorate (particularly Black suffrage), debts and the relief of debtors, and the separation of powers. The relief of debt occupied the most attention, with the final version of the constitution including the first prohibition against imprisonment for debt and amnesty from debts contracted before June 1865. Congress rejected these clauses, except for debts regarding the price of enslaved people or assistance with the rebellion. The bill of rights was expanded, including the substance of the first paragraph of the Fourteenth Amendment.
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Georgia ratifies the U.S. Constitution
Georgia has a long and complex constitutional history, with ten constitutions over the years and various methods of revision. Georgia's first attempt at constitutional government was in April 1776, with its first official constitution, the Constitution of 1777, being adopted in October 1776, just three months after the American colonies declared independence from Great Britain.
In the summer of 1787, Georgia elected six delegates to the Constitutional Convention in Philadelphia, though only four attended, and only two—Abraham Baldwin and William Few—signed the final document. The convention was chaired by George Washington and produced an entirely new system of government, with three independent branches.
Georgia then called a special convention in Augusta to consider the proposed charter, and on January 2, 1788, the delegates voted unanimously to ratify the new U.S. Constitution. This was commemorated by a USPS stamp released on January 6, 1988.
In December 1860, Georgia called another special convention to determine the state's relation to the Union, and in January 1861, the elected delegates voted in favor of secession. After the Civil War, in November 1866, the Georgia legislature refused to ratify the Fourteenth Amendment to the U.S. Constitution, a condition for readmission to the Union. This led to military control and the establishment of congressional Reconstruction and another convention in 1867-1868, which was dominated by northerners and their sympathizers.
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Georgia's 1976 Constitution revision
Georgia's constitutional history illustrates the various methods by which a constitution may be written or revised. The state's first constitution in 1777 was updated in 1789 and 1798. A new constitution was adopted at the beginning of the Civil War in 1861, and at the end of the war in 1865. Another new constitution was adopted during Reconstruction in 1868 and at its end in 1877. There have been three additional constitutions in 1945, 1976, and the current constitution of 1983.
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 1976 Constitution revision came about after the governor called for an article-by-article revision during his 1974 campaign. Once elected, he requested that the office of legislative counsel prepare a "new" constitution for submission to the voters in the 1976 election. Importantly, the office was only to reorganise the document and not to make any substantive changes. The revised document was easily passed by the state legislature and ratified by Georgia voters.
Although this revision did not produce substantive changes, it paved the way for a more thorough revision of the constitution. In 1977, after the ratification of the 1976 Constitution, the General Assembly created the Select Committee on Constitutional Revision. Members included the governor as chair, the lieutenant governor, the speaker of the house, the attorney general, and representatives from the judiciary as well as both houses of the legislature. The rallying cry of the committee was "brevity, clarity, flexibility," and the final product reflected this goal. The 1983 constitution was about half as long as the 1976 Constitution; it was better organized and used simple modern English in place of arcane and cumbersome terminology.
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Frequently asked questions
Georgia ratified the U.S. Constitution on January 2, 1788.
Abraham Baldwin and William Few were the two delegates from Georgia who signed the U.S. Constitution.
Georgia's first constitution was the Constitution of 1777, produced by the state's first constitutional convention in October 1776.
Georgia has had ten constitutions.
