Cover
Half Title
Series
The Georgia State Constitution
Copyright
Contents
Series Foreword by G. Alan Tarr
Foreword by Roy E. Barnes
Acknowledgments
Part One The History of the Georgia Constitution
Early Government in Georgia
The Founding Era: The Constitutions of 1777, 1789, and 1798
The Constitution of 1777: The Legislative Primacy Constitution
The Constitution of 1789: The Union Constitution
The Constitution of 1798: The Reform Constitution
The Federalizing Era: The Constitutions of 1861, 1865, 1868, and 1877
The Constitution of 1861: The Confederal Constitution
The Constitution of 1865: The Reconciliation Constitution
The Constitution of 1868: The Reconstruction Constitution
The Constitution of 1877: The Restoration Constitution
Developments from 1877 to 1945
The Constitution of 1945: The Executive Reform Constitution
The Constitution of 1976: Interim Constitution
The Constitution of 1983: The Contemporary Constitution
Constitutional Amendments
Conclusion
Part Two The Georgia Constitution and Commentary
Preamble
Article I. Bill of Rights
Section I. Rights of Persons
Paragraph I. Life, Liberty, and Property
Paragraph II. Protection to Person and Property; Equal Protection
Paragraph III. Freedom of Conscience
Paragraph IV. Religious Opinions; Freedom of Religion
Paragraph V. Freedom of Speech and of the Press Guaranteed
Paragraph VI. Libel
Paragraph VII. Citizens, Protection of
Paragraph VIII. Arms, Right to Keep and Bear
Paragraph IX. Right to Assemble and Petition
Paragraph X. Bill of Attainder; Ex Post Facto Laws; and Retroactive Laws
Paragraph XI. Right to Trial by Jury; Number of Jurors; Selection and Compensation of Jurors
Paragraph XII. Right to the Courts
Paragraph XIII. Searches, Seizures, and Warrants
Paragraph XIV. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process
Paragraph XV. Habeas Corpus
Paragraph XVI. Self-Incrimination
Paragraph XVII. Bail; Fines; Punishment; Arrest, Abuse of Prisoners
Paragraph XVIII. Jeopardy of Life or Liberty More than Once Forbidden
Paragraph XIX. Treason
Paragraph XX. Conviction, Effect of
Paragraph XXI. Banishment and Whipping as Punishment for Crime
Paragraph XXII. Involuntary Servitude
Paragraph XXIII. Imprisonment for Debt
Paragraph XXIV. Costs
Paragraph XXV. Status of the Citizen
Paragraph XXVI. Exemptions from Levy and Sale
Paragraph XXVII. Spouse’s Separate Property
Paragraph XXVIII. Fishing and hunting
Paragraph XXIX. Enumeration of Rights Not Denial of Others
Section II. Origin and Structure of Government
Paragraph I. Origin and Foundation of Government
Paragraph II. Object of Government
Paragraph III. Separation of Legislative, Judicial, and Executive Powers
Paragraph IV. Contempts
Paragraph V. What Acts Void
Paragraph VI. Superiority of Civil Authority
Paragraph VII. Separation of Church and State
Paragraph VIII. Lotteries and Nonprofit Bingo Games
Paragraph IX. Sovereign Immunity and Waiver Thereof; Claims against the State and Its Departments, Agencies, Officers, and Employees
Section III. General Provisions
Paragraph I. Eminent Domain
Paragraph II. Private Ways
Paragraph III. Tidewater Titles Confirmed
Section IV. Marriage
Paragraph I. Recognition of Marriage
Article II. Voting and Elections
Section I. Method of Voting; Right to Register and Vote
Paragraph I. Method of Voting
Paragraph II. Right to Register and Vote
Paragraph III. Exceptions to Right to Register and Vote
Section II. General Provisions
Paragraph I. Procedures to be Provided by Law
Paragraph II. Run-Off Election
Paragraph III. Persons Not Eligible to Hold Office
Paragraph IV. Recall of Public Officials Holding Elective Office
Paragraph V. Vacancies Created by Elected Officials Qualifying for Other Office
Section III. Suspension and Removal of Public Officials
Paragraph I. Procedures for and Effect of Suspending or Removing Public Officials upon Felony Indictment
Paragraph II. Suspension upon Felony Conviction
Article III. Legislative Branch
Section I. Legislative Power
Paragraph I. Power Vested in General Assembly
Section II. Composition of General Assembly
Paragraph I. Senate and House of Representatives
Paragraph II. Apportionment of General Assembly
Paragraph III. Qualifications of Members of General Assembly
Paragraph IV. Disqualifications
Paragraph V. Election and Term of Members
Section III. Officers of the General Assembly
Paragraph I. President and President Pro Tempore of the Senate
Paragraph II. Speaker and Speaker Pro Tempore of the House of Representatives
Paragraph III. Other Officers of the Two Houses
Section IV. Organization and Procedure of the General Assembly
Paragraph I. Meeting, Time Limit, and Adjournment
Paragraph II. Oath of Members
Paragraph III. Quorum
Paragraph IV. Rules of Procedure; Employees; Interim Committees
Paragraph V. Vacancies
Paragraph VI. Salaries
Paragraph VII. Election and Returns; Disorderly Conduct
Paragraph VIII. Contempts, How Punished
Paragraph IX. Privilege of Members
Paragraph X. Elections by Either House
Paragraph XI. Open Meetings
Section V. Enactment of Laws
Paragraph I. Journals and Laws
Paragraph II. Bills for Revenue
Paragraph III. One Subject Matter Expressed
Paragraph IV. Statutes and Sections of Code, How Amended
Paragraph V. Majority of Members to Pass Bill
Paragraph VI. When Roll-Call Vote Taken
Paragraph VII. Reading of General Bills
Paragraph VIII. Procedure for Considering Local Legislation
Paragraph IX. Advertisement of Notice to Introduce Local Legislation
Paragraph X. Acts Signed
Paragraph XI. Signature of Governor
Paragraph XII. Rejected Bills
Paragraph XIII. Approval, Veto, and Override of Veto of Bills and Resolutions
Paragraph XIV. Jointly Sponsored Bills and Resolutions
Section VI. Exercise of Powers
Paragraph I. General Powers
Paragraph II. Specific Powers
Paragraph III. Powers Not to Be Abridged
Paragraph IV. Limitations on Special Legislation
Paragraph V. Specific Limitations
Paragraph VI. Gratuities
Paragraph VII. Regulation of Alcoholic Beverages
Section VII. Impeachments
Paragraph I. Power to Impeach
Paragraph II. Trial of Impeachments
Paragraph III. Judgments in Impeachment
Section VIII. Insurance Regulation
Paragraph I. Regulation of Insurance
Paragraph II. Issuance of Licenses
Section IX. Appropriations
Paragraph I. Public Money, How Drawn
Paragraph II. Preparation, Submission, and Enactments of General Appropriations Bill
Paragraph III. General Appropriations Bill
Paragraph IV. General Appropriations Act
Paragraph V. Other or Supplementary Appropriations
Paragraph VI. Appropriations to Be for Specific Sums
Paragraph VII. Appropriations Void, When
Section X. Retirement Systems
Paragraph I. Expenditure of Public Funds Authorized
Paragraph II. Increasing Benefits Authorized
Paragraph III. Retirement Systems Covering Employees of County Boards of Education
Paragraph IV. Firemen’s Pension System
Paragraph V. Funding Standards
Paragraph V-A. Limitation on Involuntary Separation Benefits for Governor of the State of Georgia
Paragraph VI. Involuntary Separation; Part-Time Service
Article IV. Constitutional Boards and Commissions
Section I. Public Service Commission
Paragraph I. Public Service Commission
Section II. State Board of Pardons and Paroles
Paragraph I. State Board of Pardons and Paroles
Paragraph II. Powers and Authority
Section III. State Personnel Board
Paragraph I. State Personnel Board
Paragraph II. Veterans Preference
Section IV. State Transportation Board
Paragraph I. State Transportation Board; Commissioner
Section V. Veterans Service Board
Paragraph I. Veterans Service Board; Commissioner
Section VI. Board of Natural Resources
Paragraph I. Board of Natural Resources
Section VII. Qualifications, Compensation, Removal from Office, and Powers and Duties of Members of Constitutional Boards and Commissions
Paragraph I. Qualifications, Compensation, and Removal from Office
Paragraph II. Powers and Duties
Article V. Executive Branch
Section I. Election of Governor and Lieutenant Governor
Paragraph I. Governor: Term of Office; Compensation and Allowances
Paragraph II. Election for Governor
Paragraph III. Lieutenant Governor
Paragraph IV. Qualifications of Governor and Lieutenant Governor
Paragraph V. Succession to Executive Power
Paragraph VI. Oath of Office
Section II. Duties and Powers of Governor
Paragraph I. Executive Powers
Paragraph II. Law Enforcement
Paragraph III. Commander in Chief
Paragraph IV. Veto Power
Paragraph V. Writs of Election
Paragraph VI. Information and Recommendations to the General Assembly
Paragraph VII. Special Sessions of the General Assembly
Paragraph VIII. Filling Vacancies
Paragraph IX. Appointments by Governor
Paragraph X. Information from Officers and Employees
Section III. Other Elected Executive Officers
Paragraph I. Other Executive Officers, How Elected
Paragraph II. Qualifications
Paragraph III. Powers, Duties, Compensation, and Allowances of Other Executive Officers
Paragraph IV. Attorney General; Duties
Section IV. Disability of Executive Officers
Paragraph I. “Elected Constitutional Executive Officer,” How Defined
Paragraph II. Procedure for Determining Disability
Paragraph III. Effect of Determination of Disability
Article VI. Judicial Branch
Section I. Judicial Power
Paragraph I. Judicial Power of the State
Paragraph II. Unified Judicial System
Paragraph III. Judges; Exercise of Power outside Own Court; Scope of Term “Judge”
Paragraph IV. Exercise of Judicial Power
Paragraph V. Uniformity of Jurisdiction, Powers, Etc.
Paragraph VI. Judicial Circuits; Courts in Each County; Court Sessions
Paragraph VII. Judicial Circuits, Courts, and Judgeships, Law Changed
Paragraph VIII. Transfer of Cases
Paragraph IX. Rules of Evidence; Law Prescribed
Paragraph X. Authorization for Pilot Projects
Section II. Venue
Paragraph I. Divorce Cases
Paragraph II. Land Titles
Paragraph III. Equity Cases
Paragraph IV. Suits against Joint Obligors, Copartners, etc.
Paragraph V. Suits against Maker, Endorser, Etc.
Paragraph VI. All Other Cases
Paragraph VII. Venue in Third-Party Practice
Paragraph VIII. Power to Change Venue
Section III. Classes of Courts of Limited Jurisdiction
Paragraph I. Jurisdiction of Classes of Courts of Limited Jurisdiction
Section IV. Superior Courts
Paragraph I. Jurisdiction of Superior Courts
Section V. Court of Appeals
Paragraph I. Composition of Court of Appeals; Chief Judge
Paragraph II. Panels as Prescribed
Paragraph III. Jurisdiction of Court of Appeals; Decisions Binding
Paragraph IV. Certification of Question to Supreme Court
Paragraph V. Equal Division of Court
Section VI. Supreme Court
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; Quorum; Substitute Judges
Paragraph II. Exclusive Appellate Jurisdiction of Supreme Court
Paragraph III. General Appellate Jurisdiction of Supreme Court
Paragraph IV. Jurisdiction over Questions of Law from State Appellate or Federal District or Appellate Courts
Paragraph V. Review of Cases in Court of Appeals
Paragraph VI. Decisions of Supreme Court Binding
Section VII. Selection, Term, Compensation, and Discipline of Judges
Paragraph I. Election; Term of Office
Paragraph II. Qualifications
Paragraph III. Vacancies
Paragraph IV. Period of Service of Appointees
Paragraph V. Compensation and Allowances of Judges
Paragraph VI. Judicial Qualifications Commission; Power; Composition
Paragraph VII. Discipline, Removal, and Involuntary Retirement of Judges
Paragraph VIII. Due Process; Review by Supreme Court
Section VIII. District Attorneys
Paragraph I. District Attorneys; Vacancies; Qualifications; Compensation; Duties; Immunity
Paragraph II. Discipline, Removal, and Involuntary Retirement of District Attorneys
Section IX. General Provisions
Paragraph I. Administration of the Judicial System; Uniform Court Rules; Advice and Consent of Councils
Paragraph II. Disposition of Cases
Section X. Transition
Paragraph I. Effect of Ratification
Paragraph II. Continuation of Judges
Article VII. Taxation and Finance
Section I. Power of Taxation
Paragraph I. Taxation; Limitations on Grants of Tax Powers
Paragraph II. Taxing Power Limited
Paragraph III. Uniformity; Classification of Property; Assessment of Agricultural Land; Utilities
Section II. Exemptions from ad Valorem Taxation
Paragraph I. Unauthorized Tax Exemptions Void
Paragraph II. Exemptions from Taxation of Property
Paragraph III. Exemptions Which May Be Authorized Locally
Paragraph IV. Current Property Tax Exemptions Preserved
Paragraph V. Disabled Veteran’s Homestead Exemption
Section IIA.
Paragraph I. State Grants; Adjustment Amount
Section III. Purposes and Method of State Taxation
Paragraph I. Taxation; Purposes for Which Powers May Be Exercised
Paragraph II. Revenue to Be Paid into General Fund
Paragraph III. Grants to Counties and Municipalities
Paragraph IV. Increase in State Income Tax Prohibited
Section IV. State Debt
Paragraph I. Purposes for Which Debt May Be Incurred
Paragraph II. State General Obligation Debt and Guaranteed Revenue Debt; Limitations
Paragraph III. State General Obligation Debt and Guaranteed Revenue Debt; Conditions upon Issuance; Sinking Funds and Reserve Funds
Paragraph IV. Certain Contracts Prohibited
Paragraph V. Refunding of Debt
Paragraph VI. Faith and Credit of State Pledged Debt May Be Validated
Paragraph VII. Georgia State Financing and Investment Commission; Duties
Paragraph VIII. State Aid Forbidden
Paragraph IX. Construction
Paragraph X. Assumption of Debts Forbidden; Exceptions
Paragraph XI. Section Not to Unlawfully Impair Contracts or Revive Obligations Previously Voided
Paragraph XII. Multiyear Contracts for Energy Efficiency or Conservation Improvement
Paragraph XIII. Multiyear Rental Agreements
Article VIII. Education
Section I. Public Education
Paragraph I. Public Education; Free Public Education prior to College or Postsecondary Level; Support by Taxation
Section II. State Board of Education
Paragraph I. State Board of Education
Section III. State School Superintendent
Paragraph I. State School Superintendent
Section IV. Board of Regents
Paragraph I. University System of Georgia; Board of Regents
Section V. Local School Systems
Paragraph I. School Systems Continued; Consolidation of School Systems Authorized; New Independent School Systems Prohibited
Paragraph II. Boards of Education
Paragraph III. School Superintendents
Paragraph IV. Reserved
Paragraph V. Power of Boards to Contract with Each Other
Paragraph VI. Power of Boards to Accept Bequests, Donations, Grants, and Transfers
Paragraph VII. Special Schools
Section VI. Local Taxation for Education
Paragraph I. Local Taxation for Education
Paragraph II. Increasing or Removing Tax Rate
Paragraph III. School Tax Collection Reimbursement
Paragraph IV. Sales Tax for Educational Purposes
Section VII. Educational Assistance
Paragraph I. Educational Assistance Programs Authorized
Paragraph II. Guaranteed Revenue Debt
Paragraph III. Public Authorities
Paragraph IV. Waiver of Tuition
Article IX. Counties and Municipal Corporations
Section I. Counties
Paragraph I. Counties a Body Corporate and Politic
Paragraph II. Number of Counties Limited; County Boundaries and County Sites; County Consolidation
Paragraph III. County Officers; Election; Term; Compensation
Paragraph IV. Civil Service Systems
Section II. Home Rule for Counties and Municipalities
Paragraph I. Home Rule for Counties
Paragraph II. Home Rule for Municipalities
Paragraph III. Supplementary Powers
Paragraph IV. Planning and Zoning
Paragraph V. Eminent Domain
Paragraph VI. Special Districts
Paragraph VII. Community Redevelopment
Paragraph VIII. Limitation on the Taxing Power and Contributions of Counties, Municipalities, and Political Subdivisions
Paragraph IX. Immunity of Counties, Municipalities, and School Districts
Section III. Intergovernmental Relations
Paragraph I. Intergovernmental Contracts
Paragraph II. Local Government Reorganization
Section IV. Taxation Power of County and Municipal Governments
Paragraph I. Power of Taxation
Paragraph II. Power of Expenditure
Paragraph III. Purposes of Taxation; Allocation of Taxes
Paragraph IV. Tax Allocation; Regional Facilities
Section V. Limitation on Local Debt
Paragraph I. Debt Limitations of Counties, Municipalities, and Other Political Subdivisions
Paragraph II. Special District Debt
Paragraph III. Refunding of Outstanding Indebtedness
Paragraph IV. Exceptions to Debt Limitations
Paragraph V. Temporary Loans Authorized
Paragraph VI. Levy of Taxes to Pay Bonds; Sinking Fund Required
Paragraph VII. Validity of Prior Bond Issues
Section VI. Revenue Bonds
Paragraph I. Revenue Bonds; General Limitations
Paragraph II. Revenue Bonds; Special Limitations
Paragraph III. Development Authorities
Paragraph IV. Validation
Paragraph V. Validity of Prior Revenue Bond Issues
Section VII. Community Improvement Districts
Paragraph I. Creation
Paragraph II. Purposes
Paragraph III. Administration
Paragraph IV. Debt
Paragraph V. Cooperation with Local Governments
Paragraph VI. Regulation by General Law
Article X. Amendments to the Constitution
Section I. Constitution, How Amended
Paragraph I. Proposals to Amend the Constitution; New Constitution
Paragraph II. Proposals by the General Assembly; Submission to the People
Paragraph III. Repeal or Amendment of Proposal
Paragraph IV. Constitutional Convention; How Called
Paragraph V. Veto Not Permitted
Paragraph VI. Effective Date of Amendments or of a New Constitution
Article XI. Miscellaneous Provisions
Section I. Miscellaneous Provisions
Paragraph I. Continuation of Officers, Boards, Commissions, and Authorities
Paragraph II. Preservation of Existing Laws; Judicial Review
Paragraph III. Proceedings of Courts and Administrative Tribunals Confirmed
Paragraph IV. Continuation of Certain Constitutional Amendments for a Period of Four Years
Paragraph V. Special Commission Created
Paragraph VI. Effective Date
Appendix A: Amendments Ratified Since 1982
Appendix B: Amendments Rejected Since 1982
Appendix C: Text of Ratified Amendments Since 1982
Bibliographical Essay
Table of Cases
Index
About the Authors