Isabella Carter
The Georgia Constitution outlines the rights of citizens and the powers of the state government, and it can be amended or replaced following a specific procedure. The current constitution, ratified in 1983, is the newest in the US and contains 30 rights in the Georgia Bill of Rights. The document includes a preamble that outlines the fundamental principles of the constitution, including the perpetuation of free government, the preservation of peace, and the transmission of liberty to future generations. The constitution also addresses the structure of the government, the franchise, and the process of amending the constitution.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 10 |
| First Constitution | 1777 |
| Current Constitution Ratified | 1982 or 1983 |
| Number of Amendments | 85 |
| Number of Rights in the Georgia Bill of Rights | 30 |
| Branches of Government | Executive, Judicial, Legislative |
| Legislative Branch | Bicameral General Assembly |
| Executive Branch | Governor |
| Judicial Branch | Supreme Court |
| Subjects Addressed | Freedom of speech and press, libel, citizen protection, right to keep and bear arms, social status of citizens, sovereign immunity, raffles, property rights, education, segregation, slavery |
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What You'll Learn
Freedom of speech and the press
The Constitution of the State of Georgia is the governing document of the U.S. State of Georgia. The constitution outlines the three branches of government in Georgia: the legislative branch, the executive branch, and the judicial branch.
The current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution. This constitution guarantees freedom of speech and of the press, as outlined in Article I, Section I, Paragraph V. It states that no law shall be passed to curtail or restrain freedom of speech or of the press. Every person is free to speak, write, and publish their sentiments on all subjects but may be held responsible for any abuse of that liberty.
The Georgia Bill of Rights, written by Thomas R.R. Cobb and ratified in 1861, also includes freedom of conscience and the right to religious opinion as fundamental freedoms. This was added when Georgia seceded from the Union on January 18, 1861, and joined the Confederate States of America. With the end of the American Civil War in 1865, the abolition of slavery was also added to the Bill of Rights.
The General Assembly of Georgia has declared that it is in the public interest to encourage citizens to participate in matters of public significance through the exercise of their constitutional rights of petition and freedom of speech. This includes any written or oral statements made in a public forum or official proceeding in connection with an issue of public interest or concern.
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Voting rights and duties
The Georgia Constitution has a long and complex history, with the state having had eighty-five amendments—the most of any U.S. state. The first Georgia Constitution was written in 1777, during the American Revolutionary War, and was one of the first constitutions written in the history of the United States. The Georgia Constitution of 1861 was the first to include a Bill of Rights.
The current Georgia Constitution was ratified in 1983 and is considered the newest state constitution in the U.S. The constitution has thirty rights within its Bill of Rights, and its main purpose is to enable citizens of the state to establish their rights while delineating the powers of the state government.
The Georgia Constitution guarantees voting rights to its citizens. According to Article II, Paragraph II, every person who is a citizen of the United States and a resident of Georgia, aged 18 or above, and who meets minimum residency requirements, is entitled to vote. The General Assembly is responsible for providing a method for the registration of electors.
However, there are exceptions to the right to register and vote. For instance, individuals convicted of a felony or those judicially determined to be mentally incompetent are not permitted to register or vote unless their disability has been removed.
Georgia has a robust election administration system, offering automatic voter registration, three weeks of early voting, and no-excuse absentee voting. The state also has strict protections for election integrity, such as outlawing ballot harvesting and requiring photo ID for absentee voting.
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Rights and rules for citizens
The Georgia Constitution has had a long and complex history, with the state having had eighty-five amendments—the most of any US state. The first Georgia Constitution was written in 1777, in the midst of the American Revolutionary War, and it has been updated numerous times since. The current constitution was ratified in 1983 and has had thirty rights included in its Bill of Rights.
The main purpose of the Georgia Constitution is to enable citizens to establish their rights while delineating the powers of the state government. The constitution is written in such a way that citizens can define their rights whenever they choose to, making it extremely flexible.
Citizens of Georgia have the right to keep and bear arms, though the General Assembly has the power to prescribe the manner in which arms may be borne. Citizens also have the right to assemble peaceably and to petition the government for redress of grievances. The right to a trial by jury is also guaranteed, with the exception of civil cases where no issuable defence is filed and a jury is not demanded. In criminal cases, the defendant has the right to a public and speedy trial by an impartial jury. The constitution also establishes the right to education and makes public education free.
Citizens are also entitled to exercise all their rights unless specifically prohibited by law. This includes the right to hold office, with ineligibility being the exception. The social status of a citizen shall never be the subject of legislation.
The Georgia Constitution also addresses sovereign immunity, extending it to the state, its departments, and agencies. This immunity can only be waived by an Act of the General Assembly. Additionally, officers and employees of the state are generally not subject to suit or liability for the performance or nonperformance of their official functions.
The constitution also includes provisions for the exemption of certain property from levy and sale, as well as the separate property of spouses.
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Rules and regulations for the state government
The Georgia Constitution outlines the rules and regulations for the state government and protects the rights of its citizens. It is a living document that has been amended several times to meet the evolving needs of the state and its people. The state's constitution was first written in 1777, during the American Revolutionary War, making it one of the first in the history of the United States.
The Georgia Constitution establishes the rights of its citizens and delineates the powers of the state government. It has had a significant influence on the state's history, particularly regarding education and civil rights. The Constitution of 1865, for instance, marked Georgia's return to the Union after the Civil War and officially abolished slavery. The Constitution of 1868 established the right of Georgians to education and made public education free. However, the Constitution of 1877 took a step backward by legalising segregation and establishing two separate systems of education for white citizens and people of colour.
The Georgia Constitution has also played a role in shaping the state's economy and governance. It allows for the establishment of a General Assembly, comprising the Senate and the House of Representatives, which has the power to amend the Constitution. This assembly is responsible for protecting citizens' property rights, such as levy and sale exemptions, and sovereign immunity from lawsuits for state employees performing their official duties.
The Constitution also addresses specific educational funding issues. It outlines that proceeds from the state lottery are to be appropriated for educational purposes, including tuition grants, scholarships, and loans for citizens to attend in-state colleges and universities. It also provides for the necessary training of teachers and instructors in using computers and related technology.
The Georgia Constitution has been amended numerous times to reflect the changing needs and values of its citizens. With eighty-five amendments since 1983, it is one of the most frequently amended state constitutions in the country. This malleability ensures that the rights of Georgians can be defined and refined as they see fit.
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Amendments to the constitution
The state of Georgia has had a long and complex constitutional history, with numerous constitutions and amendments made to its original constitution of 1777. This was one of the first constitutions written in the history of the United States, and it has since been updated and amended many times. The current constitution of Georgia was ratified in 1983, and since then, there have been 85 amendments as of 2018, with an additional 6 approved through 2024.
The Georgia Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A legislative process requires a two-thirds vote during a legislative session for the Georgia State Legislature to place an amendment on the ballot. This amounts to a minimum of 120 votes in the House of Representatives and 38 in the State Senate. A constitutional convention, on the other hand, can be called if two-thirds of the members of both houses of the General Assembly agree to hold it. This does not need to be put to a vote of the people.
The Georgia Constitution also specifies that amendments or a new constitution can be proposed by the General Assembly or a constitutional convention, but only those of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people. Any proposal to amend the constitution or for a new constitution can be amended or repealed by the same General Assembly that proposed it, with an affirmative vote of two-thirds of the members, at least two months before the election at which the proposal will be submitted to the people. The governor does not have the right to veto any such proposal.
The process for amending the constitution also includes requirements for the publication and distribution of proposed amendments. A copy of the entire proposed amendment must be made available for public inspection, and a summary of the proposal must be published once a week for three consecutive weeks before the general election at which the proposal is to be submitted.
Some notable amendments to the Georgia Constitution include the 1865 Constitution, which prohibited slavery; the 1868 Constitution, which established free public education; the 1945 Constitution, which added a lieutenant governor; and amendments in 1992 and 2004, which allowed for the creation of a lottery and banned the recognition of same-sex marriage, respectively.
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Frequently asked questions
The current Georgia State Constitution is the tenth in the state's history, ratified on November 2, 1982, and replacing the previous 1976 constitution.
The basic structure of the Georgia Constitution includes a preamble, bill of rights, 11 articles, and amendments.
The legislative branch is embodied in the bicameral General Assembly, the executive branch is headed by the Governor, and the judicial branch is headed by the Supreme Court.
The Georgia Bill of Rights enumerates certain individual liberties, including freedom of the press, freedom of religion, trial by jury, and due process.
The 1983 Georgia Constitution introduced an equal protection clause, a division of the courts, and the nonpartisan election of judges.
