Simone Lawson
Georgia's current constitution, its tenth, was ratified on November 2, 1982, and replaced the previous 1976 constitution. The document outlines the three branches of government in Georgia: the legislative, the executive, and the judicial. 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 constitution also carefully outlines which powers each branch may exercise.
| Characteristics | Values |
|---|---|
| Date of ratification | November 2, 1982 |
| Number of amendments | 85 |
| Number of rights in the Georgia Bill of Rights | 30 |
| Number of branches of government | 3 |
| Legislative branch | Bicameral General Assembly |
| Executive branch | Governor |
| Judicial branch | Supreme Court |
| First constitution | 1777 |
| Number of constitutions | 10 |
| First constitution to include a Bill of Rights | 1861 |
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What You'll Learn
The three branches of government
The Georgia Constitution outlines the three branches of government in the state: the executive, judicial, and legislative branches. This structure is similar to the government of the United States and many other state governments.
The legislative branch is represented by the bicameral General Assembly, which is made up of the Senate and the House of Representatives, also referred to as the House. The General Assembly is responsible for passing laws and has the power to propose amendments to the state constitution. Two-thirds of the General Assembly must ratify an amendment or new constitution, after which the people vote on it.
The executive branch is headed by the Governor, who is elected and serves as the commander of Georgia's military forces. The Lieutenant Governor is also elected, and together they carry out the duties and powers outlined in the constitution, such as selecting a successor in the event of permanent disability.
The judicial branch is led by the Supreme Court, which oversees the different courts and their powers and jurisdictions. The constitution also outlines the role of the district attorney in Georgia's justice system. The judicial branch is responsible for interpreting the laws and ensuring they are in line with the state and U.S. constitutions.
Georgia's constitution has been amended numerous times to outline the powers and duties of each branch of government and to address issues such as civil liberties, taxation, education, and segregation. The current constitution, ratified in 1982, is the tenth in the state's history, not counting its royal charter granted in 1732.
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The legislative branch
The General Assembly has undergone several changes throughout Georgia's constitutional history. The original constitution of 1777, created during the American Revolutionary War, vested most governmental authority in the legislative branch. This constitution included a number of basic rights, such as freedom of religion, freedom of the press, and trial by jury. However, it was later replaced by the 1789 constitution, which weakened the power of the legislature and introduced a bicameral legislature, an executive branch, and a judicial branch.
During the Civil War and Reconstruction eras, four new constitutions were written, reflecting the rapid changes in state governmental control during this period. The 1861 constitution was the first to include a Bill of Rights, while the 1865 constitution outlawed slavery. The 1868 constitution established the right to education and made public education free for all citizens. However, it also mandated the segregation of the state's public schools, with separate systems for white citizens and people of colour.
The current constitution, ratified in 1982, outlines the powers of each branch of government and provides for a bicameral legislature. It has been amended numerous times since its ratification, with the most significant amendments including the creation of the Georgia state lottery in 1992 and the legalisation of nonprofit raffles in 1995, while maintaining the illegality of private for-profit gambling and betting.
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The executive branch
The Governor's role includes overseeing the state budget and leading an executive branch of more than 100,000 employees. The Governor is also responsible for nominating officials to positions in state government, such as the lieutenant governor, secretary of state, attorney general, state school superintendent, and commissioners of agriculture, insurance, and labor. These nominations must be approved by the Georgia General Assembly.
Article 5 of the Georgia Constitution outlines the election process for the Governor and Lieutenant Governor, as well as their duties and powers. It also covers other elected officials and the process for choosing a successor in the event of an executive officer's disability.
The Governor interacts with other state leaders, agencies, cities, and the federal government, as well as negotiating trade relationships and commercial ties with foreign interests. The Governor has the power to dismiss department and agency heads and substitute them with individuals who align with their policy preferences.
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The judicial branch
The current Georgia State Constitution, ratified on November 2, 1982, outlines the three branches of government in Georgia. The judicial branch, headed by the Supreme Court, interprets state laws and administers justice through the legal system. The Georgia court system has two appellate-level courts: the Supreme Court of Georgia and the Court of Appeals of Georgia. There are five classes of trial-level courts: superior, state, juvenile, probate, and magistrate courts. The most familiar trial court in Georgia's judicial branch is the superior court, which has general jurisdiction to hear almost any civil or criminal case. Each county must have at least one superior court or be part of a judicial circuit of several counties. If the county's population is large enough, it will also have a magistrate court, a probate court, and, if needed, a state court and a juvenile court. There are approximately 400 municipal and/or special courts operating at the local level.
The Judicial Council oversees Georgia's Judicial System and is responsible for developing policies to administer and improve the state's courts. The Council is led by the chief justice (chairperson) and the presiding justice (vice-chairperson) of the state's Supreme Court. The Administrative Office of the Courts (AOC) staffs the Judicial Council and serves all classes of courts by generating court statistical information, providing publications of interest to the judiciary, acting as a liaison with judicial branch policymaking groups, and coordinating annual judicial branch appropriations requests and other fiscal services. Appropriations for judicial salaries and operating expenses at the appellate level come from state revenues, while state and county finances share funding for superior courts. Limited jurisdiction courts are funded solely by county governments.
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Amendments
Georgia's current constitution, the tenth in the state's history, was ratified on November 2, 1982, and came into effect in July 1983. This document outlines the three branches of the state government: the legislative, executive, and judicial branches.
The 1877 constitution, which was Georgia's ninth constitution, was amended numerous times. Many of these amendments dealt with the structure of the government, altering legislative apportionment and powers, and introducing popular elections of judges.
Georgia's first attempt at constitutional government was initiated in April 1776 by the Provincial Congress. The first formal constitution was drafted in 1777, and it vested most governmental authority in a state legislative body. This constitution remained in effect for twelve years. During the Civil War (1861-65) and Reconstruction eras, four new constitutions were written and approved by the people.
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Frequently asked questions
The main purpose of the Georgia Constitution is to enable citizens to establish their rights while delineating the powers of the state government.
The three branches of the Georgia state government are the executive, judicial, and legislative branches.
The Georgia Constitution establishes thirty rights in the Georgia Bill of Rights, including the right to free exercise of religion, freedom of the press, trial by jury, and the right to education.
Amendments to the Georgia Constitution may be proposed in the state legislature and must be approved by a two-thirds majority vote in both the state House and Senate. The amendment is then ratified by a majority of electors before the next general election.
