Simone Lawson
Georgia's constitution has undergone several revisions since the state's first attempt at a constitutional government in April 1776. The first state constitution, completed in February 1777, was drafted by a convention that assembled in Savannah on October 1, 1776, and remained in effect for twelve years. This document, which was never submitted to voters for ratification, provided a framework for the transition from colony to state, vesting most governmental authority in a state legislative body and outlining basic rights such as freedom of religion, freedom of the press, and trial by jury.
| Characteristics | Values |
|---|---|
| Date of completion | February 5, 1777 |
| Date of execution | N/A |
| Location of convention | Savannah, Georgia |
| Date convention assembled | October 1, 1776 |
| Convention's recommendation | That the people of the colonies should form independent state governments |
| Number of alterations | 23, before the Civil War |
| Number of amendments to Article VII | 188 |
| Counties with one representative each | Glynn and Camden |
| Number of electors for each county to have two representatives | 30 |
| Number of electors for each county to have three representatives | 40 |
| Number of electors for each county to have four representatives | 50 |
| Number of electors for each county to have six representatives | 80 |
| Number of electors for each county to have ten representatives | 100 and upward |
| Powers of the House of Assembly | Allowed to choose freeholders of the counties of Glynn and Camden |
| Powers of the House of Assembly | Allowed to suspend those who plead in the courts of law without authorization |
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What You'll Learn
The first draft
Georgia's first attempt at a constitutional government was initiated in April 1776 by the Provincial Congress, which was called by the Georgia Trustees in response to a series of mass meetings held throughout the colony. The first draft of the constitution was completed in February 1777 and executed without being submitted to voters for ratification. This constitution remained in effect for twelve years and was amended twenty-three times before the Civil War.
The document provided a framework for the transition from colony to state and vested most governmental authority in a state legislative body. It incorporated the separation of powers doctrine and included a number of basic rights, such as the free exercise of religion, freedom of the press, and trial by jury. The constitution also outlined regulations for the representation of each county, with each county guaranteed at least one representative.
The legislative branch was to be embodied in a bicameral General Assembly, with representatives chosen from the residents of each county who had resided in the state for at least twelve months. The executive branch was to be headed by a governor, and the judicial branch by a Supreme Court. The constitution also established a system for altering or amending the document, requiring petitions from a majority of the counties and signed by a majority of voters in each county.
Overall, the first draft of the Georgia Constitution was a significant step towards establishing a framework for the state's government and ensuring the protection of basic rights for its citizens.
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The Provincial Congress
Georgia's first attempt at a constitutional government was initiated in April 1776 by the Provincial Congress, which was called by the Georgia Trustees in response to a series of mass meetings held throughout the colony. This document provided a framework for the transition from colony to state. The Provincial Congress was a critical step in Georgia's journey towards becoming a state and establishing its own government.
During the Provincial Congress, the delegates likely discussed the principles and values that would underpin the future constitution. This included a commitment to individual liberties and rights, as well as the establishment of a government that would protect and promote the interests of the people. The Congress also addressed the practical aspects of drafting a constitution, including the structure of the government, the division of powers, and the roles and responsibilities of each branch.
While the specific details of the discussions and debates during the Provincial Congress are not readily available, we can infer from the subsequent constitutions that the Congress played a crucial role in shaping Georgia's constitutional journey. The Congress likely debated the balance of power between the executive, legislative, and judicial branches, as well as the rights and freedoms that would be guaranteed to the citizens of the new state.
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The 1777 Constitution
Georgia's first attempt at a constitutional government was initiated in April 1776 by the Provincial Congress, which was called by the Georgia Trustees in response to a series of mass meetings held throughout the colony. This document provided a framework for the transition from colony to state. Soon after Georgia accepted the Declaration of Independence, its first state constitutional convention was organized.
Completed on February 5, 1777, and executed without having been submitted to voters for ratification, the 1777 Constitution remained in effect for twelve years. It vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included a number of basic rights, such as the free exercise of religion, freedom of the press, and trial by jury.
Overall, the 1777 Constitution of Georgia was a significant step in the state's transition from colony to state, establishing the framework for the state's government and protecting the rights of its citizens.
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The 1865 Constitution
Georgia's constitutional history illustrates the various methods by which a constitution may be written or revised. The state 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.
One of the major alterations was the abolition of slavery, which was included as a war measure by the federal government, and provided for compensation to slaveholders for the loss of their property. The 1865 Constitution also limited the governor to two terms and provided for the popular election of judges for all courts except the Supreme and Superior Courts, which were selected by the legislature. Additionally, it prohibited interracial marriage and authorized the legislature to grant county and municipal authorities the power to tax, a change that enlarged home rule.
Despite these changes, the 1865 Constitution was ultimately rejected because the Georgia legislature refused to ratify the Fourteenth Amendment to the US Constitution, a specific condition for readmission to the Union. As a result, Georgia was placed under military control in 1867, leading to a new convention that drafted another constitution for the state.
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The 1982 Constitution
Georgia's constitution has a long and complex history, with the state adopting ten constitutions since its first attempt at constitutional government in April 1776. The current and tenth Georgia State Constitution was ratified on November 2, 1982, replacing the previous 1976 constitution.
While the 1982 Constitution was a significant revision, it was soon followed by another new constitution in 1983. The 1983 Constitution built upon the 1982 version, incorporating provisions from previous constitutions while also introducing new elements. This included the division of courts into seven distinct classes, uniform court rules, and an equal protection clause. The 1983 Constitution was a reflection of the state's rich political and social history, marking a culmination of nearly twenty years of discussion, debate, and compromise.
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Frequently asked questions
Georgia's first constitution was drafted by a convention that assembled in Savannah on October 1, 1776.
The convention was called in response to a series of mass meetings held throughout the colony, with the aim of transitioning from colony to state.
Georgia's first constitution was completed on February 5, 1777, and remained in effect for twelve years.
