Simone Lawson
Georgia has had ten different constitutions in its history, seven of which were directly associated with war-related periods. The Georgia Constitutional Convention of 1877 created the state's seventh constitution, which was ratified at the end of Reconstruction (1867-76) with a firm Democratic majority in power. The new constitution was a reaction to the perceived abuses of the Republican-dominated government that controlled the state after the Civil War (1861-65).
| Characteristics | Values |
|---|---|
| Date | 1877 |
| State | Georgia |
| Reason | To regain entry into the Union |
| Context | Post-Civil War Reconstruction |
| Key Provisions | - Abolition of universal male suffrage - Poll taxes and literacy tests for voting - Segregated schools |
| Impact | - Disenfranchisement of African Americans - Jim Crow era in Georgia |
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![A Stenographic report of the proceedings of the constitutional convention held in Atlanta, Georgia, 1877 ; giving debates in full on all questions before the convention reported by S [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
What You'll Learn
Reaction to Republican-dominated government after the Civil War
Georgia has had ten different constitutions in its history, not counting its royal charter granted in 1732. The Georgia Constitutional Convention of 1877 created the state's seventh constitution. The 1877 Constitution was a reaction to the perceived abuses of the Republican-dominated government that controlled the state after the Civil War (1861-1865). It was ratified at the end of Reconstruction (1867-1876) with a firm Democratic majority in power.
During the Civil War and Reconstruction eras, four new constitutions were written by constitutional conventions and approved by the people (in 1861, 1865, 1868, and 1877). The new constitutions represented rapid changes in state governmental control during the war and its aftermath. The 1877 Constitution included many of the provisions of the 1868 Constitution, but it succeeded in changing the power of the legislature and the state's power to tax. It also implemented provisions supporting segregation. Many Georgians viewed the 1868 Constitution as a product of Northern Republicans who moved south after the war.
By 1872, Democrats regained control of the state legislature, and with their return to power, the old elites quickly saw the need for a new constitution and called for a convention in 1877 to draft one. The 1877 Constitution restricted the power of the legislature, including two articles devoted to taxation and state finances. The two-year term for governors was reintroduced, along with a two-term limit. The document mandated the segregation of the state's public schools, a reversal from 1868. It also included a poll tax and more stringent residency requirements to vote and hold public office, in an effort to decrease the power of new Northern residents.
The 1877 Constitution also decreased the power of the governor while increasing the power of the legislature. The governor's term was decreased from four years to two, and a two-term limit was instituted. The term of office for senators was changed from four years to two years to match that of legislators in the House of Representatives. The amount of debt the state, cities, and counties could accumulate was restricted, which limited the state's industrial potential as the constitution denied encouragement to private enterprises through tax subsidies and other supportive measures.
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Restricting the power of the legislature
Georgia's Constitutional Convention of 1877 created the state's seventh constitution. It was ratified at the end of Reconstruction (1867-76) with a firm Democratic majority in power. The new constitution restricted the power of the legislature in several ways. Firstly, it included two articles devoted to taxation and state finances, limiting the amount of debt the state, cities, and counties could accumulate. This fear of debt prevented the state from encouraging private enterprises through tax subsidies and other measures, causing Georgia to lag behind other states during the Industrial Revolution.
Secondly, the 1877 constitution decreased the power of the governor while increasing that of the legislature. The governor's term was reduced from four years to two, with a two-term limit, and the power to appoint judges, attorneys general, and solicitors general was transferred to the General Assembly. The constitution also mandated the segregation of the state's public schools and prohibited the creation of new counties, capping the number at 159. These changes represented a reversal from the previous constitution of 1868, which was viewed by many Georgians as a product of Northern Republicans who moved south after the Civil War.
The 1877 constitution was amended numerous times following its adoption, with many amendments dealing with the structure of government and legislative powers. It was also influenced by the publication of "A Proposed Constitution for Georgia" in 1931 by the University of Georgia's Institute of Public Affairs, which sparked public debate on constitutional reform. The 1877 constitution was replaced by a new one in 1945, which retained around 90% of its provisions.
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Support for segregation
The Georgia Constitutional Convention of 1877 created the state's seventh constitution, which was ratified at the end of Reconstruction (1867-76) with a firm Democratic majority in power. The new constitution was a reaction to the perceived abuses of the Republican-dominated government that controlled the state after the Civil War (1861-65).
The 1877 Constitution included provisions that supported segregation. Article 8 provided for a free education system for Georgians but stipulated separate primary education for whites and Blacks, as well as the establishment of a separate university to educate African Americans. This marked a reversal from 1868, when the previous constitution had been drafted by Northern Republicans who had moved south after the war.
The new constitution also included more stringent residency requirements to vote and hold public office, which were designed to decrease the power of new Northern residents. Additionally, a poll tax was included, which was one of several disenfranchisement measures designed to limit citizens' right to vote. Other such measures included the white primary (1900) and literacy tests (1908).
The 1877 Constitution also restricted the power of the legislature and the state's power to tax. The governor's term was decreased from four years to two years, and a two-term limit was instituted. The document also included provisions dealing with agencies created after 1877, such as the State Board of Corrections and the office of the Commissioner of Agriculture.
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Democrat control of state government
The Georgia Constitutional Convention of 1877 created the state's seventh constitution, marking the return of Democrat control in the state government after the Civil War (1861-1865). This new constitution was a response to the perceived abuses of the Republican-dominated government during the Reconstruction era (1867-1876).
By 1872, Democrats had regained control of the state legislature, with many identifying as Bourbons, a faction representing the antebellum elite. The old elites sought a new constitution, and in 1877, a convention was called to draft one. The document was created by 193 elected members, who worked under a committee system and held extensive debates to finalise the constitution within a month.
The 1877 Constitution included detailed articles that restricted the power of the legislature and the governor, while increasing the power of the state legislature. The governor's term was reduced from four years to two, with a two-term limit, and the legislative branch was given more control over taxation and state finances. The constitution also included provisions that supported segregation, such as separate primary education for whites and Blacks, and the establishment of a separate university for African Americans.
The 1877 Constitution was amended numerous times, with 90% of its provisions remaining in the 1945 Constitution. The 1983 Constitution was the first truly "new" constitution since 1877, incorporating provisions from the 1877 document as well as new elements, such as the division of courts into seven distinct classes and the nonpartisan election of judges.
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Limiting the power of the governor
The Constitution of 1877 was a reaction to the perceived abuses of the Republican-dominated government that controlled the state after the Civil War. The new constitution decreased the power of the governor while increasing the power of the legislature. The governor's term was decreased from four years to two years, and a two-term limit was instituted. This meant that one could run for a third and fourth term only after four years had elapsed.
The governor also lost the power to appoint (with the Senate's consent) judges, the attorney general, and solicitors general. The General Assembly gained appointive power over all these offices except the attorney general, which became a popularly elected office. The 1877 Constitution also implemented provisions supporting segregation.
The governor's expanded power to appoint state officials, as well as the simplified state judicial system, were also notable changes made by the new constitution. The governor's role in the executive branch remained, with the governor serving as the commander of Georgia's military forces.
The new constitution also restricted the amount of debt the state, cities, and counties could accumulate. This fear of debt limited the state's industrial potential since the constitution denied state encouragement to private enterprises through tax subsidies and other supportive measures.
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Frequently asked questions
Georgia created a new constitution in 1877 as it was the seventh constitution and the state needed to address the changes that occurred during the Civil War (1861-65) and Reconstruction (1867-76) eras.
In 1877, Georgia was firmly under Democratic control, with Democrats regaining control of the state legislature by 1872. Many of these Democrats identified as Bourbons, representing the antebellum elite.
The 1877 constitution restricted the power of the legislature, reduced the governor's term from four years to two, and implemented provisions supporting segregation. It also included more stringent residency requirements for voting and holding public office and mandated the segregation of the state's public schools.
The 1877 constitution was created by a constitutional convention, with 193 elected members or delegates working under a committee system and holding extensive debates. The final document was ratified by the public in December 1877.
