Georgia Constitution Studying Flashcards
It was Initiated in April 1776 by Georgia Trustees but not completed and executed in February 1777 following meetings by state constitutional convention.
Wasn’t submitted to voters for ratification.
More authority in state legislative body.
Had basic rights- freedom of religion, press and trial by jury.
1777 Constitution
o Following ratification of US Constitution, Georgia revised to align with constitution.
o Shortest Georgia Constitution and was modeled after US constitution.
o Weakened power of legislative.
o Created two houses of legislature as well as an executive and judicial branch.
o Georgia General Assembly was elected to select a governor.
Commander of Georgia military force and served two year term.
1789 Constitution
o One of three not associated with war relate d periods.
o In effect for sixty three years.
o Double in length of previous constitution.
o Legislative power more carefully defined.
o Governor would now be popularly elected instead of by General Assembly.
o 1835 Amendment to constitution created state supreme court.
1798 Constitution
o One of four constitutions written during Civil War/Reconstruction Period.
o State convention was assembled in Milledgeville in response to concerns of admitting New Mexico/California.
o Following succession from the union, Georgia created new constitution that was modeled after Confederated Constitution.
o Much of the bill of rights added to this remain in legislation to this day.
o Due Process and Judicial Review were included for first time.
1861 Constitution
o Georgia governor James Johnson called for constitutional convention following end of Civil War.
o Had to be acceptable by federal government and include Ordinance of Secession, abolition of slavery, and repaying of war debt.
o Similar to 1861 Constitution but abolished slavery/limited governor to two terms.
o Stated that everyone except supreme court judges would be elected by people.
o However, constitution was rejected as Georgia legislature refused to ratify Fourteenth Amendment, and Georgia was placed under military rule.
1865 Constitution
o New group of delegates met to create a new constitution in December 1867.
o Major issues included 14th Amendment, voting qualifications, debt and separation of power.
Included amnesty from debt before 1865 and prohibition of imprisonment for debt.
Were rejected by Congress except debts regarding price of enslaved people.
o Suffrage was extended to all male citizens.
o Governor term increased to four years and gained power to pardon.
1868 Constitution
o Following end of reconstruction, the New South was created and new constitutional convention were created.
o Many individual and institutional rights were limited.
o Amended 301 times.
1877 Constitution
o Following Public Affairs of UGA publishing a proposed constitution, it pushed for revision of constitution.
o 23 member constitutional commission was created representing all three branches of government.
o Approval from both legislature and voters was required.
o Governor Ellis Arnall promoted merit system for state employees and prison board.
o 90 percent of provisions were taken from Constitution of 1877.
o Additions
Office of Lieutenant Governor.
State Board of Corrections.
State Department of Veteran’s Service.
Jury Service for Women.
Increase in number of justices to 7.
1945 Constitution
o Revised version was approved by General Assembly in 1964, but never sent to people b/c of legal concerns of malapportioned legislature.
o 1969 Legislature was approved by house but not the senate.
o George Busbee, elected for governor in 1974, called for article by article revision.
o Didn’t change parts within constitution but changed structure.
1976 Constitution
o Select Committee of Constitutional Revision was created in 1976.
Governor was chair.
Included lieutenant governor, speaker of the house, attorney general, and representatives from both houses of legislature and judiciary.
o Agreed in 1977 to total revision.
Each article would be draft and submitted individually to Select Committee.
o Submitted in 1981 to General Assembly, which was approved. Then submitted to voters in 1982 general election, which was approved on July 1, 1983.
o About half as long as 1976 Constitution and better organized/used more simple/modern English.
o Most significant change- prohibited amendment related only to particular city, county or other political subdivision.
1983 Constitution
o Created state’s seventh constitution.
o Was ratified at the end of reconstruction.
o Was a reaction to the abuses which many of the Democratic leaders thought was abuse of power by reconstruction.
o Changed power of legislature and state’s power to tax.
o Also created provisions in support of segregation.
Georgia Constitution Convention of 1877
Who led the constitutional convention?
Charles Jones Jenkins.
Name some changes of the new constitution?
o Created committee on revision with 2 members in each of the previous 13 committees.
o Gave states power to tax citizens.
o Increased power of legislature.
o Term of both governor and senator was changed from four to two years.
What article was used to empower Georgia government to practice segregation?
Article 8
What did Article 8 outline specifically?
Created separated primary education and universities to black and white citizens as well as created the Poll Tax.
What government positions became popularly elected?
Secretary of State, Attorney General and State Treasurer
What were the requirements in the 1877 Constitution for amending it?
2/3 of only one legislative body to pass an amendment before it was voted on in popular election.
What were the requirements to amend 1868 Constitution?
2/3 of both legislative body approval before popularly voted.
Where did the secession convention of 1861 meet?
Milledgeville, Georgia.
What were the two views of secession.
o Immediate Secessionist - Advocated to leave union without further consideration.
o Cooperationists- Had differing opinions but wanted to remain at peace. Remaining a whole union to creating the south to act in unison.
What were the main changes of the 1861 Constitution from the 1798 Constitution?
Made specific provisions for protection of slavery.
Gave amending power exclusively to constitutional convention chosen by people of Georgia.
Who created the literacy test in Georgia and when?
Governor Hoke Smith in 1907
What were some constitutional requirements in Georgia to vote?
o Must be a male, at least 21 years old, and a resident of Georgia for one year.
o Smith added an amendment that attempted to allow white voters to vote, even if they failed the literacy test.
Example: Any Union or Confederate veteran or descendant could vote.
* This provision was known as the Grandfather Clause, and was used to disenfranchise black voters.
* This amendment was approved by voters in 1908.
* This act wasn’t overturned until the Voting Rights Act of 1965.
What was the Grandfather Clause?
Any Union/Confederate Veteran or Descendant could vote, even if the literacy test was failed?
