Eleanor Finch
The US state of Georgia has had ten different constitutions in its history, not counting its royal charter, granted in 1732. The first formal constitution was drafted in 1777, and 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. The current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution. Several people have played a role in shaping Georgia's constitutional history, including James Jackson, Baldwin, and Walton.
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What You'll Learn
The 1777 constitution
The unicameral legislature was split among the eight counties, with the two smallest counties and any new counties laid out by the House of Assembly having the ability to gain more representatives as the county grew. The representatives were to be chosen from residents of each county who had resided in the state for at least twelve months and in the county for at least three months. They were to be of the Protestant religion, at least twenty-one years old, and possess in their own right 250 acres of land or property to the amount of 250 pounds.
The Supremacy Clause: Constitution's Priority
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The 1789 constitution
Georgia has had ten different constitutions in its history, not counting its royal charter, which was granted in 1732. The first formal constitution was drafted in 1777, a year after a document entitled "Rules and Regulations of the Colony of Georgia" was put in place. This 1777 constitution included articles on freedom of religion, press, trial by jury, habeas corpus, and protection against excessive fines. It also made the legislature the most powerful branch, with the governor relying on an executive council for many decisions.
The adoption of the new federal constitution in 1788 obliged Georgia to implement a new state one. This new constitution, adopted in 1789, replaced the unicameral Congress with a bicameral General Assembly. The executive council was abolished, and the legislature was given the power to elect the governor. The 1789 Constitution also guaranteed freedom of the press, trial by jury, and freedom of religion. It was modelled after the U.S. Constitution, responding to weaknesses in the 1777 constitution. It provided for a bicameral legislature, an executive branch, and a judicial branch.
Understanding the US Constitution: Examining the Clauses' Inclusion
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The 1850 convention
The Georgia Constitution has been revised and rewritten several times since the state's first constitutional convention in 1776. In total, Georgia has had ten different constitutions, not counting its royal charter granted in 1732.
In 1850, Georgia and several other southern states held special conventions to address growing tensions over slavery and to articulate their grievances. The Georgia State Convention of 1850 brought together delegates from each county to decide whether the state should secede from the Union. The convention took a moderate stance, expressing Georgia's discontent with national trends toward slavery but also its willingness to remain in the Union as long as future federal policies did not encroach on the state's rights in these matters. This stance helped defuse the secession crisis at that time.
The political crises of the 1850s and the election of Abraham Lincoln in 1860 further fuelled secessionist sentiments across the South. In December 1860, the Georgia legislature called for another special convention to determine the state's relation to the Union. In January 1861, the delegates voted in favour of secession, and the assembly became a constitutional convention, drafting a new constitution and submitting it for ratification. This convention, known as the Georgia Secession Convention of 1861, combined a constitutional duty with an official political forum for state-federal relations.
Following the Civil War (1861-1865) and during the Reconstruction era, four new constitutions were written by constitutional conventions and approved by the people in 1861, 1865, 1868, and 1877. The Constitution of 1877 was created at a time when the Democratic Party had regained control of the state government, and it included provisions that changed the power dynamics between the legislature and the governor, restricted state debt, and implemented segregation.
Separation of Powers: Constitution's Vital Framework
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The 1861 constitution
Georgia has had ten different constitutions in its history, not counting its royal charter granted in 1732. During the Civil War (1861-1865) and the Reconstruction era, four new constitutions were written and approved by the people in 1861, 1865, 1868, and 1877.
The adoption of a new federal constitution in 1789 had obliged Georgia to implement a new state constitution. This new document replaced the unicameral Congress with a bicameral General Assembly and abolished the executive council. The legislature was given the power to elect the governor, and freedoms of the press, religion, and trial by jury were guaranteed.
Founding Fathers: Factions and Their Dangers
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The 1982 constitution
The current Georgia State Constitution, ratified on November 2, 1982, is the tenth constitution in the state's history. It replaced the previous 1976 constitution. The 1982 Constitution outlines the three branches of government in Georgia: the legislative, executive, and judicial branches. 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 1995 Constitution: Fundamental Features and Their Impact
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Frequently asked questions
It is unclear who is known as the father of the Georgia Constitution, however, there are a few key figures involved in the creation and amendment of the various Georgia Constitutions.
The 1777 Georgia Constitution was created by the Provincial Congress, which was called by the Georgia Trustees in response to mass meetings held throughout the colony.
The 1789 Georgia Constitution was created by a convention that included James Jackson, Georgia's former U.S. Senator and governor at the time.
The 1861 Georgia Constitution was the first state constitution to be submitted to the people for ratification. It was created in response to concerns about the federal government's stance on slavery and the balance of power between slave-holding and non-slave-holding states.
No, Georgia has had ten different constitutions in its history, not counting its royal charter granted in 1732. The current and tenth Georgia State Constitution was ratified on November 2, 1982.
