Georgia Constitution Questions and Answers Already Passed

Georgia Constitution Questions and Answers Already Passed The Georgia Constitution -10 total (changed over time due to historical events Civil War, Yazoo Land fraud, WW2, Reconstruction, Civil Rights Movement) - Much more specific about listing rights - Requires Enumerated Powers *Federal Constitution: Elastic Clause aka "Necessary and Proper" *No elastic clause in GA constitution Constitution of 1777 provided a framework for the transition from colony to state; this 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. Constitution of 1789 shortest of Georgia's constitutions, it was modeled after the U.S. Constitution; responded to weaknesses in the Georgia Constitution of 1777; slightly weakened the power of the legislature. It provided for a bicameral legislature, an executive branch, and a judicial branch. Constitution of 1798 one of only three framed completely under peaceful conditions. It was in effect for sixty-three years. Almost twice the length of the previous version, it contained detailed prescriptive measures. Provisions of the former constitution were clarified, and, in light of the Yazoo land fraud, legislative power was more carefully defined. Although the legislature continued to be the dominant branch of government, the language used clearly struck a more realistic balance of power among the branches of state government. The governor would now be popularly elected, and a state supreme court was authorized by an 1835 amendment to the 1798 constitution Constitution of 1861 the first state constitution to be submitted to the people for ratification. It incorporated a lengthy bill of rights. Adopted as Article 1, much of this portion of the constitution remains a part of the state constitution today. Among other things, the concepts of due process and judicial review were included for the first time. Constitution of 1865 The convention was charged with framing a state constitution that would be acceptable to the federal government, it had to include a repeal of the Ordinance of Secession, the abolition of slavery, and a repudiation of the war debt. It continued the bill of rights and made no significant changes to the legislature. But it prohibited slavery and limited the governor to two terms. Provided that judges of all courts—except supreme court and superior court judges, who were selected by the legislature—would be elected by the people. It was rejected, and Georgia was placed under military control. Constitution of 1868 The bill of rights was expanded, including the substance of the first paragraph of the Fourteenth Amendment. Suffrage was extended to all male citizens. The legislature remained essentially the same, with representation in the house changed to reflect population. The governor's term was increased to four years, with no prohibition against reelection, and the power to pardon was moved from the General Assembly to the governor. The power of the governor to appoint state officials was expanded, the state judicial system was simplified, and the General Assembly was directed to provide a system of free general education to all children of the state. Constitution of 1945 Significant changes included the addition of the office of lieutenant governor, new constitutional officers, the creation of a state board of corrections and a state department of veterans' service, authorization of jury service for women, and an increase in the number of justices in the state supreme court to seven. Constitution of 1976 revision did not produce substantive changes, it paved the way for a more thorough revision of the constitution Constitution of 1983 about half as long as the 1976 Constitution; it was better organized and used simple modern English in place of arcane and cumbersome terminology. It gave the General Assembly greater flexibility to deal by statute with many matters that had been covered in the constitution itself. The most significant change between the Constitutions of 1976 and 1983 was that the latter document prohibited the inclusion of any further constitutional amendments relating to only a particular city, county, or other local political subdivision; the first truly "new" constitution since 1877 Constitution of 1877 included much more detail in almost all of its articles—restricting both individuals and institutions. Both legislative power and judicial interpretation were limited. As a result of these restrictions the constitution was amended 301 times over its lifetime; some of the amendments were local and temporary. Executive Branch A branch of government directed by a governor who serves a four-year term of office. It consists of more than 100,000 employees and is by far the largest branch, with 99 percent of the state budget devoted to its activities. Legislative Branch Article III of the state constitution assigns legislative power—essentially, the responsibility to make the law of the state to the General Assembly (known as this branch). This power cannot be delegated to any other branch of government, and although the people are ultimately sovereign in Georgia it cannot be delegated to the public Judicial Branch consists of ascending levels of courts. The most important trial court in Georgia's judicial branch is the superior court; interprets the laws Local Government the oldest form of government in Georgia; the city of Savannah is recognized as the oldest government in the state. There are three types in Georgia—counties, cities, and special districts Georgia Bill of Rights consists of forty paragraphs, which constitute Article I of the Constitution of 1983. Twenty-eight paragraphs enumerate individual rights, nine deal with the origins of government, and three are devoted to "general provisions." Constitutional Conventions Served to revise 7 of Georgia's constitutions; met and produced the state's inaugural constitution, known as the Constitution of 1777. Became one method of establishing fundamental law through participation by the voters. Executive Branch: Overview Provide many of the social services associated with the modern state. Three services dominate its budget: education, public health programs, and transportation Executive Branch Officials: Overview the lieutenant governor, who presides over the senate; the secretary of state; the attorney general; the state school superintendent; and the commissioners of agriculture, insurance, and labor, each presiding over his or her own executive department. In addition, the five-member elected Georgia Public Service Commission reports to the governor, and Article 4 of the constitution creates a variety of agencies, boards, and commissions, each with its own chairperson, some of whom are appointed. Governor sets forth a recommended legislative agenda, initiates the budget, and signs or vetoes legislative bills; includes the role of commander of both the Georgia State Patrol and the Georgia National Guard; role as intergovernmental middleman, which involves interacting with other state leaders and agencies, with cities and other states, and with the federal government and the role to negotiate trade relationships and commercial ties with foreign interests; oversee the formulation of the state budget recommendations each year. Lieutenant Governor constitutionally mandated president of the Georgia senate; candidates running for this position stand for election independently; must be at least thirty years old upon assuming office, a U.S. citizen for a minimum of fifteen years, and a resident of Georgia for at least six years before election. The term of office is four years with no limit on the number of terms. In the event of a governor's death, the state constitution charges this position with assuming office as the governor until the next general election Secretary of State Responsible for a wide range of services and regulatory duties, in addition to being the keeper of the Great Seal of Georgia and the custodian of the state flag and other state symbols. Also chairs the Claims Advisory Board, which receives, investigates, and hears civil claims against the state. Their office includes the responsibility of supervising and monitoring elections and providing campaign finance disclosure; managing and preserving public records; providing educational programs about the capitol; and licensing, monitoring, and registering professionals and businesses. Attorney General the state's chief legal officer; the term of office has been four years, but there are no limits to the number of consecutive terms that a person can serve. Only this position has duties that are specifically addressed in the state constitution. To serve, one must have been a U.S. citizen for ten years and a Georgia resident for the four years immediately preceding election or appointment. One must also be at least twenty-five years old upon assuming office. No person can serve unless he or she has been an active member of the State Bar of Georgia for at least seven years. Duties of the Attorney General —acting as the legal advisor to the executive branch; —giving opinions on questions of law upon requests of the governor and heads of executive departments (official opinions) and other state officials (unofficial opinions); —representing the state in all capital felony cases (those involving the death penalty) before the Georgia Supreme Court; —representing the state in all civil actions in any court; —representing the state in all cases before the U.S. Supreme Court; —prosecuting any state officer or other person or entity for violating any criminal statute while dealing with or for the state; —conducting investigations into the affairs of the state; —any state departments, authorities, or other agencies; —any person or entity dealing with the state; —participating, when required by the governor, in all criminal or civil actions in which the state is a party; —preparing all contracts and legal writings in which the state is interested; —representing all state authorities. Georgia Public Service Commission A quasi-legislative, quasi-judicial regulatory agency charged with protecting the public interest and promoting a healthy business-investment economy. Historically, it has been responsible for setting the rates charged by telecommunications, gas, and electric companies and for establishing and enforcing the standards for quality of service. Now, the commission regulates only the rates charged and the services provided by most intrastate, investor-owned telecommunications, gas, and electric utilities operating in Georgia Georgia General Assembly A form of representative government has existed in Georgia since January 1751. One of the largest state legislatures in the nation. It consists of two chambers, the House of Representatives and the senate. Legislator Requirements Members of both houses are elected for two-year terms with no limit on the number of consecutive terms that may be served. The Georgia Constitution requires legislators to be U.S. citizens, Georgia citizens for at least two years, and legal residents of their districts for at least one year. The only difference in qualifications between the two chambers is that senators must be at least twenty-five years of age and representatives only twenty-one. Legislative Process: Overview meets for a forty-day period each year, beginning on the second Monday in January; legislation that is introduced in the first year after an election can be carried over to the second year. At the end of the second year, all legislation not passed dies and must be reintroduced in the next biennium. It has three components: first, it is a legal process governed by constitutional and statutory provisions (such as the requirement that appropriations and tax measures must originate in the House) as interpreted by state and federal court decisions. It is also a parliamentary process governed by a host of special rules of procedure that specify how legislation will be considered in each house. Finally, and perhaps most importantly, it is a political process whereby both legislators and nonlegislators (particularly the governor) compete for power and advantage in an environment where compromise is often more valuable than partisanship or ideology State Budgeting The most important function of the General Assembly is to pass the state's operating budget each year. In fact, approximately half of the hours spent in session are related to the budget. This includes establishing spending priorities and setting tax rates. Judicial Branch: Overview The Georgia court system has two appellate-level courts: the Supreme Court of Georgia and the Court of Appeals of Georgia. There are five classes of trial-level courts: the superior, state, juvenile, probate, and magistrate courts. In addition, approximately 400 municipal and/or special courts operate at the local level Supreme Court of Georgia was established as the highest court in the state. It has exclusive jurisdiction over constitutional issues, contested elections, capital felonies, titles to land, wills, and divorces; unusual in that it was required to hear all cases and resolve them within a given time. In other states the appellate courts, like the U.S. Supreme Court, have some leeway in deciding what cases they will hear Court of Appeals of Georgia It established in 1906, is a court of statewide jurisdiction whose decisions are binding upon all Georgia trial courts in the absence of a conflicting decision by the Supreme Court of Georgia. Additionally, it was established to hear appeals, review decisions, and correct errors from lower trial courts in cases not reserved to the supreme court. Georgia's County Governments based in the county seat and generally housed in the county courthouse; an arm of state government, county governments carry out many functions for the state, such as elections, road building and repair, health and welfare programs, record keeping, and automobile licensing. The state constitution requires that four officers be elected in each county: sheriff, clerk of the superior court, tax commissioner, and judge of the probate court. Georgia's City Governments governments that have been chartered or incorporated by the state legislature. Generally, they are formed when citizens want services provided beyond those available from the county; must meet certain qualifications of population, distance from other cities, and degree of development; typically governed by a mayor and city council Regional Commissions of Georgia Twelve of these serve Georgia's city and county governments by functioning as multicounty planning and development agencies. Involved in a broad range of activities related to coordinated and comprehensive planning, land-use development, historic preservation, aging services, revolving loan funds, business retention and development, affordable housing, tourism, workforce development, coordinated transportation, geographic information systems, and disaster-mitigation planning. Home Rule and Ordinances The first is just local self-government in which the county or city is authorized to adopt "clearly reasonable ordinances, resolutions, or regulations . . . for which no provision has been made by general law and which is not inconsistent with" the Constitution of Georgia. The second is reserved for local (county or city) use. Early in American history of this word also applied to very broad general law. It differs from the other possible labels in that they are limited to smaller geographic areas such as cities and counties. Local Revenue Sources Taxes constitute the largest source for most local governments in Georgia. Counties and municipalities are authorized by the state constitution to levy and collect a general ad valorem ("according to value") property tax within their jurisdictions. Four different local-option sales and use taxes may be levied by local governments on the purchase, sale, rental, storage, use, or consumption of tangible personal property and related services. Generally, a county may tax businesses and practitioners of professions or occupations if the business or practitioner maintains a location or office within the unincorporated area of the county; a city may tax such businesses or practitioners only if they maintain a location or office within its corporate limits. Other types of revenues available to counties and municipalities include fines, forfeitures of money posted to guarantee appearance in court, and court fees and costs. Local governments may also earn interest from investment of their idle funds. Preservation Laws laws protect historic properties both by regulating the actions of public agencies and private individuals and by providing economic incentives for their preservation and restoration Georgia Department of Education oversees all aspects of public education in the state. Employing more than 380 people as of 2005, the department ensures that education-related laws are obeyed and that state and federal education funds are properly allocated. The department was created in 1870. Public Education Although the state constitution has compelled public support of education since 1777 and the state's first government-supported high school opened in Augusta in 1783, Georgia did little to provide for public education in the state. The legislature in 1866 mandated a free public school system, but with few resources to support such a system in the bleak postwar environment, little happened right away. The new state constitution of 1868 called for "a thorough system of general education, to be forever free to all children of the State," to be funded through poll and liquor taxes. Only in the early 1970s were segregated public schools fully dismantled across the state, though many communities responded by establishing all-white private "segregation academies" that, in effect, kept blacks and whites in separate classrooms University System of Georgia Comprises an array of institutions, programs, activities, and personnel. Its thirty member institutions enrolled more than 314,000 students in fall 2012 and employed more than 10,000 faculty members and 30,000 staff members in 2008. Ifnstitutions and their faculties, programs, and services are governed by the Board of Regents, a constitutional body of nineteen members appointed by the governor of Georgia. The board consists of fourteen members, who represent each of the state's congressional districts, and five at-large members. Appointed by the Board of Regents, the chancellor serves as the university system's chief executive officer and oversees all matters pertaining to the funding, administration, and operation of public universities and colleges. Public Authorities and Public Corporations is a quasi-governmental agency created by the legislature and given corporate status to achieve a special purpose (such as building toll roads or operating a local hospital) with powers and exemptions not enjoyed by regular government agencies. Generally, the two terms are synonymous, except that there are some public corporations (for example, the Georgia Lottery Corporation) that are not classified as authorities. Both authorities and corporations are created by law and given corporate powers to pursue a public purpose. Legally, however, they are considered instruments of government—but not official agencies. Statutory and Executive Boards and Commissions A number of boards and commissions that are established under statutory law or by major departments as administrative agencies or advisory councils. The legislature creates the statutory boards and commissions and their parameters, and may change or abolish them at any time. Other offices are created by executive order. Examples include: Board of Community Affairs, Board of Community Health, Board of Corrections, Board of Human Resources, Board of Industry, Trade and Tourism, Board of Juvenile Justice, Board of Public Safety, Courts Automation Commission, Georgia Commission on the Holocaust, Georgia Commission on Women, Georgia Forestry Commission, State Board of Technical and Adult Education, State Board of Workers' Compensation, Governor's Commission on Certainty in Sentencing, Georgia Lottery Commission, and Governor's Office of Consumer Affairs.