Georgia Constitution Flashcards
The Georgia Constitution calls for the branches of government to
be separate and distinct
Outside of lotteries operated by an on behalf of the state, the government
must prohibit the establishment of private lotteries and casino gambling
In regard to sovereign immunity (immunity of government for its acts harming the property or persons of individuals), the Constitution
indicates the state may waive such immunity in specific situations
The Constitution of Georgia
contains the bill of rights
Which civil liberty is protected by the Georgia Constitution?
A. Freedom of speech
B. Freedom of religion
C. Freedom of the press
D. All of the above
Which civil liberty is not specifically protected by the Georgia Constitution?
Right to privacy
In regard to civil liberties, which of the following is false about the Constitution?
It provides for superiority of military authority over civil authority
Which of the following is not required to register to vote in Georgia?
A person must not have committed three or more misdemeanor violations in past ten years
According to Article II, the governor of the state of Georgia
May be suspended from office if a commission defined by the Constitution determines that a felony indictment relates to and adversely affects the administration of the office and that the interests of the public are adversely affected.
The number of representatives in the House and the number of Senators
provides for more member of the House than of the Senate
The Constitution provides that the apportionment (defining the boundaries of districts for the purpose of election) of the house and senate seats in the General Assembly is
performed by the General Assembly
Which of the following would disqualify a person from being a member of the House of Representatives in the General Assembly?
Being an officer in the executive branch
The presiding officer of the House of Representatives is
Speaker
The president of the senate and presiding officer is
The Lieutenant Governor
The standards to qualify as candidates for House and Senate in the General Assembly
differ in that the age qualifications for Senate are more restrictive than those for the House
The terms of Senators and Representatives are
two years
Senators and Representatives of the General Assembly
have no limit for the number of terms they can serve
Each General Assembly reorganizes and becomes a new General Assembly
every odd-numbered year
A regular session of the General Assembly can last no longer than ______ days each year
40
A person claims that the state has violated his civil liberty as protected under the Georgia Constitution and under the U.S. Constitution. May the state courts find that his liberty is protected under the state constitution, but not under the federal constitution even though the language is the same in both constitutions?
Yes
To pass a bill in the House or in the Senate requires a favorable vote
of a majority of all members
All bills raising revenue or appropriating money must
originate in the House
The Constitution requires that legislation
may not concern more than one subject
One of the following executive officers is not elected by the voters:
State Revenue Commissioner
Georgia’s General Assembly is
a bicameral body
Georgia Supreme Court judges are
elected by the people for six-year terms
Judges are selected
in nonpartisan elections
According to Article III, Section VI, local or special legislation (affecting individual cities and/or counties)
is trumped by general legislation affecting all cities and/or counties
Votes on bills in the General Assembly
must always be by roll call if a bill involves appropriations
According to Article III, if the General Assembly votes to give the governor a bonus for a job well done, that legislative act would be
unconstitutional
The subject matter in a bill
must be consistent with the title of the bill
Who may be impeached?
A. Executive officials
B. Judges
C. Members of the General Assembly
D. All of the above
In Article I, Section VIII of the U.S. Constitution, the legislative powers of the Congress are enumerated. In Article III, Section VI, Paragraph I of the Georgia Constitution, the legislative power of the General Assembly
extend to all laws deemed necessary and proper for the state, except those repugnant to the U.S. Constitution and the Georgia Constitution
In the section of the Constitution on impeachment, what standards are given to determine whether a person has committed an office warranting impeachment?
No standard is provided
In regard to funds appropriated by the General Assembly, the Constitution
requires that appropriations expire at the end of the fiscal year, with exceptions for mandatory appropriations required by the Constitution and those required to meet contractual obligations
With respect to apportionment of Senate and House districts:
Districts must be composed of contiguous territory
Vacancies in the General Assembly
occur when a member moves into another district
Each senator and representative must
take an oath before being seated
When is the signature of the governor required?
A. Following a successful vote to override gubernatorial veto in both houses
B. For submission of a constitutional amendment
C. For a proposal by the General Assembly of a new constitution to the people
D. All of the above
Which of the following is true in regard to regulation of alcoholic beverages?
Cities and counties may regulate alcoholic beverages for the purpose of regulating nudity
The power of executive clemency in the constitution is given to
board of pardons and paroles
Who chooses the head of the Georgia Department of Transportation?
The state transportation board
Who chooses the members of the State Transportation Board?
The General Assembly
The terms of the members (excluding those completing the terms of previous appointees) of the boards of the constitutional boards listed in Article IV
do not coincide with the term of the governor and are longer than that of the governor
The term of the governor is
four years
Governors may
succeed themselves for one term after having served one term
Qualifications for the office of governor include
having been a legal resident of the state for six years
The age qualification for the office of governor is
30
Elections for Governor and Lt. Governor are:
held every four years after November 1986 on the Tuesday after the first Monday of November
The Lt. Governor shall
have executive duties prescribed by the Governor, and have duties as may be prescribed by law not inconsistent with the powers of the governor or other provisions of the constitution
The Georgia Constitution prohibits local laws that conflict with general laws. According to Article X, Section I, Paragraph I, may the Constitution be amended with amendments exempting a particular city or county from this restriction?
No
The chief legal advisor of the executive branch is
the attorney general
Special sessions of the General Assembly:
A special session can not occur without the governor issuing a call for one
One of the following is not an executive officer of Georgia:
Comptroller General
With the possible exception of juveniles, the trial court of the state of Georgia for felony cases is
Superior Court
In appellate cases involving constitutionality of law, the Supreme Court has
exclusive jurisdiction
Judicial vacancies are filled by
appointment by governor
The duty to take care that the laws of the state are faithfully executed is that of
the governor
The power to discipline, remove, and cause the involuntary retirement of Judges is that of the
judicial qualifications committee
About judges in Georgia
Judges of the Superior and State Courts are elected on a nonpartisan ballot every four years
The chief of justice of the Georgia’s Supreme Court
is elected by the member of the Supreme Court
District attorneys
enjoy immunity from private suit for actions arising from the performance of their duties
What kind of public education is the State obligated by the constitution to provide to its citizens?
An adequate education
The decisions of the Supreme Court
bind all other courts as precedents
In which cases does the Supreme Court have original jurisdiction (may serve as the trial court)?
None
The salary of judges
is prescribed by law
If the state passes a law abolishing the state income tax in 2006, would that law prohibit the state from passing a law creating a state income tax in 2010? See Article VIII, Paragraph I.
No
A constitutional controversy in Georgia concerns independence of the superintendent of state schools from the state board of education. Which of the following is true and suggest independence of the superintendent from the board in directing state school?
The Superintendent is elected by the people.
Which of the following is true about local school systems in Georgia?
The General Assembly may define the duties of the school superintendent.
One sentence in the Constitution has had a major impact on causing the addition of provisions allowing for benefits to particular groups. For example, Article VIII, Section VII, allows the General Assembly to provide scholarships, loans, or other assistance to students. The goal of this provision is to deal with the concerns raised by
the prohibition of gratuities
The constitution provides the use of what tax by local school systems as the primary means of financing schools?
Property taxes
Article VIII, Section I, establishes a general rule of uniformity in taxation to promote fairness in the exercise of the taxing power by the state. An exemption specified in Article VII, Section II, of the constitution to such uniformity in the area of property tax is
homestead exemption
According to Article VII, Section III, for what purpose may the power of taxation be used if the General Assembly so ordains?
A. For education
B. For prosecution of crime
C. For public health
D. All of the above
In Article VII, Section III, the constitution
does not limit the types of taxes to be used by the state
State constitutions are said to require a balanced budget. To what extent does Article III, Section IX, require a balanced budget?
Expenditures in the general appropriations bill may not exceed what the governor expects the state to receive in revenue for the next fiscal year plus any surplus from the current fiscal year.
In regard to state debt, which of the following is true?
The state may issue bonds to build highways.
According to the Constitution, which of the following is true in regard to counties in Georgia?
The state may not increase the number of counties beyond 159.
Article IX, Section II, Paragraph III discusses supplementary powers for the counties and municipalities. Which of the following is true?
All cities and counties may provide police and fire protection.
The legislative power of the state is vested in
the General Assembly
While the constitution gives counties home rule power that allows them to make laws relating to its property, affairs and local government, the General Assembly retains significant control over governance at the local level. The General Assembly
May pass general laws superseding local laws passed under home rule through general laws, and may under Article IX, Section III, Paragraph I (c) (2) pass local laws in regard to the form and compensation of the governing authority of a county and such local law will be supreme over county home rule power.
Under Article IX, Section II, Paragraph IV,
the General Assembly may establish procedures for the making of zoning laws in cities and counties.
Under Article IX, Section II, Paragraph IX, the constitution provides immunity for local governments from suits for torts. Which of the following is not included in this grant of immunity?
A. School government
B. City government
C. County government
D. None of the above
In regard to their power to tax, cities and counties
may use any tax authorized by the constitution or general law
In regard to debt as defined in Article IX, Section V, Paragraph I, each city or county
may not take on more debt greater than 10% of the assessed value of all taxable property within its jurisdiction
In Article IX, Section VI, Paragraph I, what kind of obligation is indicated not to be the kind of debt referred to in the limitations on the amount of debt that may be incurred by a city or county?
Revenue bonds
In regard to constitutional amendments, Article X, Section I, Paragraph I, allows for what kind of amendments?
Amendments that have general and uniform applications
How may the constitution be amended?
Proposal by the General Assembly and approval by voters
In regard to the bearing of arms in Article I
the General may regulate how arms are borne
According to Article I
freedom of speech and the press is qualified so as to allow for the regulation of abuse of speech and press
In Article I, which of the following is prohibited as a punishment for crime?
Whipping
In Article I, which is prohibited?
A. Imprisonment for debt
B. Involuntary servitude
C. Legislation concerning the social status of individuals
D. All of the above
Article I indicates that the enumeration of rights protected in the constitution from interference from the government of Georgia
should be construed so as to deny people any inherent right previously enjoyed
The rights listed in Article I, Section I, are
limitations on the power of the General Assembly
As seen in the Bill of Rights, the state of Georgia
may not imprison citizens for failture to pay their debts
As seen in the Bill of Rights, the state of Georgia
may not directly or indirectly provide money in aid of religious institutions
According to the Bill of Rights, the judiciary of the state
must declare legislative acts of the state in violation of the Georgia Constitution or of the U.S. Constitution to be unconstitutional and therefore void
According to Article II, Section VI, what limits exist on the power of the General Assembly in making laws?
Laws may not violate either the Georgia Constitution or the U.S. Constitution
According to Article III, Section Vi, which of the following is a specific limitation on the power of the General Assembly?
A. It may not enact a special law relating the rights of status of private persons
B. It may not enact population bills (those that use classification by population to determine the applicability of law) affecting local governments
C. It may not grant gratuities, except otherwise provided in the constitution
D. All of the above
The power to issue injunctions is
limited to the appellate courts and the superior courts
Article VIII, Section III, of the constitution requires that, except as otherwise provided in the constitution
all revenue collected from taxes, fees, and assessments for state purposes be paid into the general fund of the state treasury
