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Georgia Constitution: A Comprehensive Guide to State Government and Laws, Study notes of History

A detailed overview of the georgia constitution, covering key aspects of state government, including the powers and responsibilities of elected officials, the legislative process, the judicial system, and civil liberties. It explores the historical context of the constitution, including its evolution and amendments, and examines its impact on various aspects of georgia society. A valuable resource for students, researchers, and anyone interested in understanding the fundamental principles and workings of georgia's government.

Typology: Study notes

2023/2024

Uploaded on 11/15/2024

peter-montez
peter-montez 🇺🇸

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1. Does the current Georgia Constitution impose term limits on governors? If so,
what are they?
Yes, only position that has a limit on term.
Governor is the highest and most powerful position. (apart of the executive
branch)
1976 - Now: 2 consecutive four year terms with no lifetime restriction.
2. According to the Georgia constitution, does the Governor have the authority
to exercise a line-item veto?
Yes
Line-item veto is removing specific lines from a budget, as opposed to a full
veto.
Governors can exercise line-item vetoes. Presidents has no such power over
legislation.
3. Who has the power of executive clemency in the Georgia Constitution?
The State Board of Pardons and Paroles
executive clemency. n. the power of a President in federal criminal cases, and
the Governor in state convictions, to pardon a person convicted of a crime,
commute the sentence (shorten it, often to time already served) or reduce it
from death to another lesser sentence.
4. What are the age qualifications for holding elective office in Georgia (US
Senate, US House, Georgia Senate, Georgia House)?
Georgia House and Senate -
must have residency in GA for 2 years and at least 1 year in district that she
will represent
House - 21 Senate - 25
US House - must be 25 years old, a citizen of the US for at least 7 years prior
to the election, a resident of the state that he or she has chosen to represent
5. Are there citizenship requirement for those seeking elective office? Residency
requirements?
6. What are the responsibilities the lieutenant governor in Georgia?
Lieutenant governor = Leader (President of Senate) oversees committee on
senate membership.
They do not run with governor, elected separately.
7. Besides the governor and lieutenant governor, what positions are identified
by the Georgia constitution as being elected executive officers?
In total, there are 8 elected constitutional officers
1. Governor
2. Lieutenant Governor
3. Attorney general: represents the state in legal matters
4. Secretary of state: runs elections, handles incorporation of businesses, and
maintains GA archives.
5. Insurance commissioner: set rates and determine which carriers will be
licensed to operate in GA. Also serves as state fire marshal.
6. State school superintendent:
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  1. Does the current Georgia Constitution impose term limits on governors? If so, what are they? Yes, only position that has a limit on term. Governor is the highest and most powerful position. (apart of the executive branch) 1976 - Now: 2 consecutive four year terms with no lifetime restriction.
  2. According to the Georgia constitution, does the Governor have the authority to exercise a line-item veto? Yes Line-item veto is removing specific lines from a budget, as opposed to a full veto. Governors can exercise line-item vetoes. Presidents has no such power over legislation.
  3. Who has the power of executive clemency in the Georgia Constitution? The State Board of Pardons and Paroles executive clemency. n. the power of a President in federal criminal cases, and the Governor in state convictions, to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already served) or reduce it from death to another lesser sentence.
  4. What are the age qualifications for holding elective office in Georgia (US Senate, US House, Georgia Senate, Georgia House)? Georgia House and Senate - must have residency in GA for 2 years and at least 1 year in district that she will represent House - 21 Senate - 25 US House - must be 25 years old, a citizen of the US for at least 7 years prior to the election, a resident of the state that he or she has chosen to represent
  5. Are there citizenship requirement for those seeking elective office? Residency requirements?
  6. What are the responsibilities the lieutenant governor in Georgia? Lieutenant governor = Leader (President of Senate) oversees committee on senate membership. They do not run with governor, elected separately.
  7. Besides the governor and lieutenant governor, what positions are identified by the Georgia constitution as being elected executive officers? In total, there are 8 elected constitutional officers
    1. Governor
    2. Lieutenant Governor
    3. Attorney general: represents the state in legal matters
    4. Secretary of state: runs elections, handles incorporation of businesses, and maintains GA archives.
    5. Insurance commissioner: set rates and determine which carriers will be licensed to operate in GA. Also serves as state fire marshal.
    6. State school superintendent:
  1. Commissioner of agriculture: provides information to farmers and certifies the accuracy and quality of fertilizer
  2. Commissioner of labor: occupational safety and the administration of labor laws, addresses unemployment.
  3. What are the qualifications to serve as Georgia’s attorney general? What are his/her responsibilities? Attorney General represents the state in legal matters (issues advisory opinions). Head of the US Department of Justice. They must be (same for all elected executive officials)
  • at least 25 years
  • citizen for 10 years
  • live in GA for 4 years.
  1. List the Georgia constitutional boards and commissions (see Article IV). How are members selected for each board or commission? What are the responsibilities of each? (6) created by Article 4. Other (2) educational created by Article 8. Public Service Commission - five members to be elected by the people oversees utilities like gas, electricity, communication networks and transportation State Board of Pardons and Paroles - five members appointed by the Governor, power of executive clemency, including the powers to grant reprieves, pardons and paroles Personnel - (5) members appointed by the governor. State Transportation Board - as many members as congressional districts in the state to be elected by a majority vote of the members of the House of Representatives and Senate, in charge of transportation, highway construction, railroads Veterans Service Board - seven members appointed by the Governor Board of Natural Resources - one member from each congressional district in the state and five members from the state at large all appointed by the Governor Educational Board - governor, one member per district Regents - one per district, appointed by governor, in charge of colleges 10.How many days does the Georgia General Assembly meet each year “in session”? How can they convene in mid-January but adjourn at the end of March? What is a “special session”? The Georgia General Assembly's most important function is to pass the state's operating budget. They meet "in session" 40 days a year but not necessarily consecutively, begins the second Monday of January.. Can be called into special session by the governor, who sets the agenda, or by agreement of 3/5 of the membership of each chamber. Used to deal with unexpected crises. 11.What is the term length for Georgia state legislators? State legislators are elected by their district based on population for a 2 year term (both Reps and Senate). National:

20.What is Home Rule? Local government is granted broad powers to write and amend its charter (local governments constitution) and to take any action not prohibited by the state. 21.What are the categories of expenditures for which lottery proceeds can be used? 1992 Amendment. 1990 Governor Zell Miller responsible. Educational programs and purposes with the governor's annual budget including recommendations for using these funds. 22.What does it mean to have an open, direct primary? All voters can take part. In primary elections the political party nominates candidates for the next general election. 23.What is the jurisdiction of the “State Court” in Georgia’s court system? State courts hear:

  1. civil cases
  2. traffic violations and other misdemeanors
  3. hold preliminary hearings
  4. act on applications to issue warrants 24.What civil liberties are protected by the Georgia Constitution? Freedom of religion, speech, press, right to assemble and petition and libel. 25.What civil liberties are not protected by the Georgia Constitution? Right to privacy is not in the GA or US constitution but it is recognized 26.How are judges (in the state judiciary) selected in Georgia? (distinguish vacancies from open seats) Judges are selected by non-partisan (not biased or partisan, especially toward any particular political group) elections. National government, judges are appointed by the President subject to Senate confirmation. 27.What are courts of limited jurisdiction (in Georgia)? Specialized cases: less serious than those in courts of general jurisdictions 28.With the exception of some juveniles, what is the primary trial court for hearing felony cases? Superior court 29.How is the Chief Justice of the Georgia Supreme Court selected? Justices choose the chief justice 30.According to the state of Georgia constitution, can taxes be levied by local schools to assist with financing those schools? If so, what kind? Yes, property tax 31.Can the constitution be amended to affect specific individual counties and cities? yes, home rule-local govt 32.Are there limits on cities’ and counties’ ability to tax and incur debt? Law allows counties to levy one percent general sales tax and four percent state tax 33.What is consolidation? What procedures does a local government have to go through in order to consolidate?

Consolidation is combing with another county. Majority vote 34.How may the Georgia Constitution be amended?

  1. Requires 2/3 vote by legislature (of each chamber).
  2. Majority vote by voters who voted on the amendment (not in the election period) 35.Article I of the Georgia Constitution provides for a bill of rights. What sorts of individual rights are included here? How does this compare with the “federal” bill of rights? religion, press, right to assemble and petition, libel. GA places limitations on religious practices. 36.What does Georgia’s Bill of Rights say about limits on what the State of Georgia may do with respect to citizens who fail to pay their debts? life, liberty, property: equal protection: freedom of conscience: religion: speech and press: libel-truth as evidence: protection of citizens: right to bear arms: assemble and petition: no bill of attainder: trial by jury: right to courts: searches, seizures, warrants: benefit of counsel: habeas corpus: self- incrimination: arrest/abuse of prisoners: jeopardy of life/liberty probidden: treason: effect of conviction" no banishment and whipping: no involuntary servitude: no imprisionment for debt: costs of case not paid beore trial: social status never subject to legislation: exemptions from levy and sale" spouse's separate property: enumeration of rights not denial of others: marriages of same sex prohibited Prohibits imprisonment for debt 37.How many constitutions have been adopted by Georgia? When did Georgia last ratify a constitution? 10: last ratification was 1983 38.What does the Georgia constitution say about “sovereign immunity”? Sovereign Immunity: ability of citizens to sue the state/local govt 1990 Amendment clarified sovereign immunity. 39.What are the responsibilities of the Georgia Public Service Commission? How are members selected for the Commission? 5 members who are elected statewide for staggered, 6 year terms: regulates telephone services, utilities such as gas and electricity, communication networks and transportation such as trucking and rail systems 40.What are the responsibilities of the State Board of Pardons and Paroles? power to stay death sentences: executive clemency 41.What does the Georgia Constitution say about bills of attainder? What is a bill of attainder? declaring a person/group of persons as guilty and punishing them without the benefit of a judicial trial: no bill of attainder will pass 42.What does the Georgia Constitution say about slavery, if at all? doesn't say anything, talks about involuntary servitude The US Const prohibits the US from stopping the importation of slaves until

43.What are the requirements for registering to vote in Georgia?