Constitution of Georgia (U.S. state)
[1] Amendments to the Constitution may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate followed by ratification by a majority of the electors qualified to vote for members of the General Assembly at the next general election which is held in the even-numbered years.
The charter, approved by George II of Great Britain (the colony's namesake), placed Georgia under the control of Trustees, led by James Oglethorpe.
[2] Prior to having a formal constitution, a document entitled Rules and Regulations of the Colony of Georgia, drafted in 1776, was in effect.
This document also made the legislature the most powerful branch, with the governor being forced to rely on his executive council for many decisions.
[5] These provisions resulted from the domination of the 1777 convention by "radicals" as opposed to the more moderate faction found in other states.
Additionally, the state capital was moved from Savannah to Louisville, and another convention scheduled for 1797 to further amend the document.
The majority of the state legislature became implicated in the scandal, which involved Georgia's western lands (present-day Alabama and Mississippi).
As a result, a number of legislators lost re-election, and reforms to property laws were enacted by their successors.
In the aftermath of the war, the federal government oversaw the state's transition back into the Union.
President Andrew Johnson appointed a provisional governor, who then convened a convention to draft a new constitution.
Major changes included a two-term limit for governors and the legislative election, rather than gubernatorial appointment of the Supreme Court.
[20] Indeed, the constitution labeled the abolition of slavery "a war measure" by the federal government and also provided for compensation to slaveholders for the loss of their property.
Its bill of rights incorporated the 14th Amendment into the state constitution, and suffrage was granted to all males over the age of 21 regardless of race.
Additionally, the governor's term of office was extended to four years, with no limit, and the practice of electing judges was ended.
The document also required amendments to be approved by popular vote rather than just by the state legislature and moved the capital to Atlanta.
[25] While much of the government structure remained the same, the new constitution restricted the power of the legislature significantly, including two articles devoted to taxation and state finances.
Many dealt with the structure of government, altering legislative apportionment and powers, introducing popular elections of judges.
188 amendments alone were made to Article VII, concerning state finances, mostly in regard to specific cities and counties.
[30] That year, Governor Ellis Arnall appointed a twenty-three member commission, composed of all three branches of government, to write a new constitution.
Some changes also affected local government in the state, including a cap on the number of counties at 159 (which remains the case today), and the introduction of provisions for home rule.
School segregation, mandated by Article VIII, was held to violate the U.S. Constitution by the Supreme Court in the 1954 case Brown v. Board of Education.
[1][35] These amendments, now incorporated into the constitution, included correcting the legislative malapportionment and the establishment of a Lieutenant Governor position.
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
For instance, the Preamble was cited in 1982 in Roberts v. Ravenwood Church of Wicca, and later the portion of the Preamble which states "...promote the interest and happiness of the citizen and of the family..." was used in several court cases regarding family issues such as Clabough v. Rachwal, Dixon v. Dixon and Arnold v.
[41] Finally, Section III, General Provisions, deals with Eminent Domain, private ways and Tidewater titles.
The Article establishes legislative powers; the General Assembly's composition; officers of the General Assembly; organizations and procedures; the enactment of laws; the exercise of legislative power; method of impeachment; insurance regulation; appropriations; and retirement systems.
[43] Article Three establishes meetings, time limit and adjournment of the General Assembly and allows each house to establish its own rules of procedure, provide for its own employees and interim committees may be created by the General Assembly or by either house.
[43] This clause prevents the state and local governments from directly giving money to individuals.
Section IV's role regarding state debt is spelled out in eleven different paragraphs.
The Article contains one Section with six paragraphs discussing the continuation of officers, boards, commissions, and authorities; judicial review and the preservation of existing law (law prior to the creation and ratification of the Constitution of 1983); confirmation of proceedings of courts and administrative tribunals; the continuation of a number of amendments for the next four years following the 1983 constitution going into effect; special commissions created and the date when the constitution became effective.
