Jonah Patel
Georgia's constitution has a long and complex history, with the state adopting ten constitutions over the years. The first formal constitution was drafted in 1777, but the state's constitutional history began in 1776 with the Rules and Regulations of the Colony of Georgia. Abraham Baldwin, a delegate to the Constitutional Convention in 1787, is also considered a key figure in the drafting and ratification of Georgia's constitution. The most recent 'new' constitution was ratified in 1983, though it built on previous versions, including the 1976 constitution.
| Characteristics | Values |
|---|---|
| Year of the first formal constitution | 1777 |
| The name of the document before the first formal constitution | Rules and Regulations of the Colony of Georgia |
| The year the document before the first formal constitution was drafted | 1776 |
| The convention that drafted the first formal constitution | Continental Congress |
| The convention that drafted the 1865 Constitution | Secession Convention |
| The chairman of the Secession Convention | Thomas Reade Rootes Cobb |
| The person who appointed a provisional governor to convene a convention to draft a new constitution | President Andrew Johnson |
| The person who appointed a 23-member commission to write a new constitution in 1945 | Governor Ellis Arnall |
| The Founding Father who helped draft the U.S. Constitution | Abraham Baldwin |
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What You'll Learn
Georgia's first attempt at a constitution
The first formal constitution was drafted in 1777, a year after the aforementioned Rules and Regulations document. The 1777 constitution made the legislature the most powerful branch, with the governor relying on his executive council for many decisions. The executive council was composed of 12 members, including legislators voted in by the legislators of the House of Assembly. The council was to oversee and advise the governor, with the power to veto the governor's actions and grant pardons. Additionally, the constitution allowed for an expansive franchise, with only the poorest excluded. Those who could vote were required to do so or risk being fined.
The 1777 constitution also included provisions such as the design of the great seal of the state, the oath of office for the governor, and the oath of allegiance for representatives and citizens. It also stated that no person could plead in the courts of law without being authorized by the House of Assembly and that excessive fines and bail demands were not allowed.
The constitution produced in 1777 bore several similarities to the 1789 constitution. While the House was apportioned by population, each county was still guaranteed at least one representative. This constitution would be amended 23 times before the Civil War. Georgia held conventions in 1833 and 1839 to reduce the number of representatives in the legislature, but voters rejected this.
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Abraham Baldwin's role in drafting
Abraham Baldwin was a key figure in the drafting of the Georgia Constitution. From the beginning of his arrival in Georgia, Baldwin was a recognized leader in the state, filling a role that was much needed after the Revolutionary War. He was a wise, kind, educated, and intelligent figure who represented his state and proved to be a national asset through the drafting and ratification of the U.S. Constitution.
Baldwin lived in Wilkes County, practised law, and worked to establish the University of Georgia. The citizens of Wilkes County elected him to be their representative in Georgia's legislature. In 1787, he served as a delegate to the Constitutional Convention in Philadelphia. At the convention, Baldwin played a crucial role in resolving a deadlock over representation. The delegates were divided on whether representation should be equal among all states or proportional to a state's population. Fearing that the delegates would not be able to reach an agreement, Baldwin sided with the smaller states in favour of equal representation. By doing so, he split the vote and paved the way for a compromise.
A special committee was formed with one delegate from each state, and Baldwin was chosen to represent Georgia. The committee's work resulted in the Great Compromise—a bicameral legislature that included the Senate (upper house), where each state had equal representation, and the House of Representatives (lower house), where the number of delegates was determined by each state's population. This action secured Baldwin's legacy as a Founding Father.
In addition to his role at the Constitutional Convention, Baldwin sat on the committee charged with working out the details of the transfer of government under the Articles of Confederation to a new government under the Constitution. His working copy of the Constitution, with handwritten notes in the text and margins, is preserved in the collections of the Georgia Historical Society. This annotated edition varies slightly from the final version adopted in 1787 and ratified by the states.
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The 1777 constitution
The 1777 Georgia Constitution was the first formal constitution of the state, completed in February 1777. It was drafted without being submitted to voters for ratification and remained in effect for twelve years. The constitution was created soon after Georgia accepted the Declaration of Independence, and it provided a framework for the transition from colony to state.
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Constitutional revision methods
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 first formal constitution of Georgia was drafted in 1777. Before that, a document called "Rules and Regulations of the Colony of Georgia," drafted in 1776, was in effect. This document was intended to be temporary and gave the Provincial Congress the most power. The 1777 constitution made the legislature the most powerful branch, with the governor relying on an executive council for many decisions.
The state's constitutional history illustrates the various ways a constitution can be revised. For example, efforts to revise the 1945 Constitution began as early as 1963. A revision commission drafted a new version that was approved by the General Assembly in 1964 but was never submitted to the people due to legal concerns about a malapportioned legislature. Another significant effort started in 1969 when the legislature established another constitutional revision commission. The resulting document was approved by the house but not the senate in 1970.
In 1974, George Busbee, a member of the General Assembly, called for an article-by-article revision during his gubernatorial campaign. After winning the election, he requested that the office of legislative counsel prepare a new constitution for submission to the voters in the 1976 election. The revised document was easily passed by the state legislature and ratified by Georgia voters. While this revision did not bring about substantial changes, it paved the way for a more comprehensive revision.
Following the ratification of the 1976 Constitution, the General Assembly established the Select Committee on Constitutional Revision in 1977. The committee members, including the governor, lieutenant governor, speaker of the house, attorney general, and representatives from the judiciary and both houses of the legislature, agreed to a complete revision. Each article was individually drafted and approved by the Select Committee and the General Assembly. After a lengthy series of public meetings, an agreement on a proposed new constitution was reached in late August 1981. The 1983 Constitution was the first truly "new" constitution since 1877, reflecting the state's rich political and social history.
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The 1983 Constitution
Georgia has had ten constitutions throughout its history, with the current constitution, the 1983 Constitution, being the first truly "new" constitution since 1877. The 1983 Constitution was the result of almost twenty years of discussion, debate, and compromise, containing a mix of old and new provisions.
The 1976 Constitution, which was ratified after several failed attempts at revising the 1945 Constitution, served as a basis for the 1983 Constitution. In 1977, the General Assembly established the Select Committee on Constitutional Revision, which included the governor, lieutenant governor, speaker of the house, attorney general, judiciary representatives, and legislators from both houses. The committee agreed to a complete rewrite, with each article being drafted and approved separately by the committee and the General Assembly. After a lengthy series of public meetings, a proposed new constitution was agreed upon in late August 1981.
The process of amending the 1983 Constitution is outlined in Article X, which stipulates that proposed amendments must be passed during a specific General Assembly session and ratified by the voters to become part of the Constitution. The state's constitutional history illustrates the various methods by which a constitution can be written or revised, including constitutional conventions, constitutional commissions, and the office of legislative counsel of the Georgia General Assembly. Georgia's first attempt at constitutional government dates back to April 1776, initiated by the Provincial Congress in response to mass meetings held throughout the colony. The state's early constitutional history was also influenced by leaders such as Abraham Baldwin, who played a significant role in the drafting and ratification of the U.S. Constitution and the Great Compromise, which established a bicameral legislature.
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Frequently asked questions
Abraham Baldwin, a Founding Father, was responsible for drafting the original Georgia Constitution.
The first formal Georgia Constitution was drafted in 1777.
Georgia has had ten constitutions.
