Georgia Constitution Replacement Exam PDF

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Georgia Constitution Replacement Exam The US Constitution: -Federalism: political system that gives certain powers to the national government and the states (United States, Australia, Canada…) -Unitary system: all authority rests with national government (Great Britain, France) -Confederations: all power in the hands of the individual states 1781-1788 Articles of Confederation -Major influences on federalism: 1. National supremacy a. Article I, Section 8: a series of enumerated powers such as taxing, spending, declaring war, and regulating interstate commerce; and elastic clause allow Congress to do whatever is “necessary and proper” to exercise the enumerated powers b. Article VI: supremacy clause: the Constitution and federal law are “the supreme law of the land” c. McCulloch vs Maryland (1819): elastic clause allows Congress to exercise implied powers (powers that are not explicitly mentioned in the Constitution) 2. The Tenth Amendment a. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” b. Reserved powers 3. The Fourteenth Amendment a. “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” b. Dual citizen: Americans are citizens of both the nation and state c. Selective incorporation: Since 1925 the Court has employed this process into the meaning of the 14th Amendment offered by the Bill of Rights. 4. State constitutions State Constitutions: -Police power: the ability to promote public health, safety, morals, or general welfare; among the reserved powers in the 10th Amendment to the US Constitution -Absence of implied powers  more detailed and restrictive in defining powers of government -Georgia has had 10 constitutions; Georgia’s current constitution took effect in 1983 Amending State Constitutions: -Procedures: -Every state but Delaware requires voters to approve constitutional amendments. -Georgia requires two-thirds of its legislatures to vote in favor a proposed amendment to its constitution -Amending the Georgia Constitution 1

-Georgia legislature can ask the state’s voters to create a convention, or the General Assembly can propose amendments if they are approved by a two-thirds vote in each chamber of the legislature (similar procedure for national level) -The governor has no formal role -Georgia not among states who allow initiative process (citizens circulate petitions to place proposed amendments on the ballot for voters to ratify or reject in a statewide referendum) -The Georgia Constitution requires ratification by a majority of the voters casting ballots on the proposed amendment (The US Constitution requires three-fourth) Constitutional Development in Georgia: Why clutter up state constitutions rather than limiting them to more fundamental issues? 1. Political advantage “it’s hard to change when being written in the constitution” a. Earmarks: requirements that revenues from certain sources be spent for designated purpose (ex: Article 3 allows motor fuel taxes to be spent on all into constructing and maintaining public roads; lottery funds go toward education) b. Special tax treatment for various groups and activities (ex: timber be taxed at fair market value only at the time of its harvest or sale; certain agricultural land be accessed at 75% of its value) c. Groups are able to get their position on certain issues: (ex: retained the prohibition against whipping; definition of marriage as “union of man and women” d. Procedures: constitutions can specify who get to participate in key decisions (ex: Article 4 of Georgia’s constitution creates six boards and commissions, and Article 8 creates two more for education); might include residency requirements (ex: at least one member of the Board of Natural Resources be from one of six coastal counties) 2. Responses to state court decisions a. To reverse the Court’s action is to amend the state constitution (ex: prohibition of alcohol sales at clubs dancing, alcohol sales are not constitutionally prohibited  GA Supreme Court ruled that such alcohol bans are allowed under the Georgia Constitution) 3. Efforts to meet the requirements of the national government a. 1988 and 1992 amendments create a trust fund to provide medical services for the poor through the federal Medicaid; with the trust fund, the unspent money can be carried over to the next year to pay for medical care b. Article 3: satisfying federal court decisions about how legislative districts must be drawn

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Comparison of the US and Georgia Constitution: -Similarities: 1. Each includes a Bill of Right (first 10 Amendments for US Constitution and First Article for GA Constitution) 2. Separation of powers: a. Legislative i. Bicameral Congress: (1) Senate and (2) House of Representatives b. Executive i. President/governor to appoint officials and to veto bills c. Judicial i. Judicial review: the power of the court to declare an act is unconstitutional (GA court was given in the state constitution while the Supreme Court was granted in the case of Marbury vs. Madison) -Differences: 1. Procedural: a. Voting: Amendments made to state constitution approved by Georgia voters while Amendments made to US Constitution approved by 2/3 vote in each house of Congress and ¾ of the states. b. A balanced budget: GA constitution requires while the US Constitution does not c. Line-item veto (the ability to kill a specific item in a spending bill): granted to the state government but the US Constitution does not grant it to the President. 2. Structural: a. Judges: Georgia voters elect most judges while the US President nominates judges for Senate’s approval. i. GA Attorney General issues advisory opinions which generally have the force of law unless reversed by a court b. Legislative terms: Georgia’s legislators serve two-year terms and are elected from districts based on population. US Representatives serve two-year term and Senates serve six-year term; US House elected from districts based on population and two senators elected from each state c. Executive branch: GA does not have a cabinet system i. US President appoints and fires his cabinet members (major federal agencies) ii. Georgia’s voters elect 6 department heads (several department heads must be chosen by boards of commissions) d. Local government: GA constitution concerns local government (raising money) while US Constitution does not. Georgia’s Previous Constitution: -Rules and Regulations of 1776: first self-government in Georgia; adopted before the signing of the Declaration of Independence; declared government authority resided within the state (not British monarchy) -The Constitution of 1777: 3

-Similar to Article of Confederation: separation of powers, proportional representation of population, local self-government -No courts establish above county courts -The Constitution of 1789: -Provided bicameral legislature; allow legislatives to elect for state governor and officials not the legislature -Slaves counted 3/5 of regular person -Capital moved from Louisville to Augusta -Mandate public education at county level -Voting qualified based on: race, age, residence and tax payments -The Constitution of 1798: (remained until the formation of the Confederacy in 1861) -Scandal over land speculation -Increased power of legislative -Established executive to handle some duties of legislature -Outlaw foreign slave trade -Establish local government -The Constitution of 1861: -Confederacy -Reduced size of legislature by permitting senators to represent more than one county -Institutionalized judicial review, establishing judgeships as elective offices -First to be submitted to voters for approval in a referendum -First to include an extensive of personal liberties -The Constitution of 1865: reluctantly drafted for admission to the Union -Demand of Congress was to include the abolition of slavery, repudiation of Civil War debt, and repeal of secession -Did not repeal the Ordinance of Secession and enfranchisement of state’s black -The Constitution of 1868: -Met Congress’s requirements for readmission, eliminated all debts incurred prior to 1865 -Public education funded by poll and liquor taxes -Equal rights for black citizens -Property rights for women -Still unpopular due to compliance with Northern demands -The Constitution of 1877: -Reduced authority of the state officials; power shifted to counties -“not-so-subtle” disenfranchisement of blacks and poor whites: not allow to vote until all taxes are paid -“Bourbon”: Southern Democrats favored pre-Civil War agrarian economic and social norms, white supremacy, local and state power -Northern Republicans’ reconstruction efforts -Made Supreme justices elected officials, established juvenile court, public offices to supervise utilities and education

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-Neill Primary Act 1917: “3:2:1” ratio  basis for Democratic Party’s use of the countyunit to elect statewide candidate (each county had twice as many unit votes as it had seats in the Georgia House of Representatives) Since 1920: eight largest counties had 6 units; next thirty counties had 4 units, and the rest had 2 unit votes. County unit votes awarded on “winner take-all basis” US Supreme Court shut it down in 1963 in violation of the 14th Amendment’s protection clause -The Constitution of 1945: -Creation of the office of lieutenant governor, new boards of corrections, state personnel, and veteran services -Authorized women to serve on juries -Gave home rule to local governments -GA became first state to adopt constitution proposed by a commission rather than by an elected convention -Issue addressed: governor succeeding themselves, poll tax -The Constitution of 1976: -Governor George Busbee -Reorganized constitution on article-to-article basis -Created the Select Committee on Constitutional Revision in 1977 Membership: governor, lieutenant governor, speaker of the House, attorney generals, and 8 other elected officials -The Constitution of 1983: current -Eliminating the requirement that local governments place changes in taxation, municipal codes, and employee compensation on the state ballot -Establishing a unified court system: small claims courts  magistrate court; strengthened Supreme Court -Requiring nonpartisan election of state court judges -Enhancing power of the General Assembly to enact laws and authorize the appropriation of taxes -Giving the Board of Pardons and Paroles power to stay death sentences -Including equal protection clause (like US Constitution) “no person shall be denied the equal protection” -Reducing total debt -Providing open-public meetings -Incorporating more formal separation of powers between legislature and executive

Constitution Amendments: -General Assembly can summit a proposed amendment to voters if it wins 2/3 majority vote in the House and Senate; governor having no formal role -Requires ratification by a majority of the voters casting ballots on the proposed amendment; voted upon during the next statewide election in November of even-numbered years 5

Georgia’s Governmental Institutions -Article 3: organization and authority of authority branch -Article 4: executive responsibilities, six boards and commission -Article 5: governor, lieutenant governor, six elected department heads -Article 6: organization and authority of judicial branch -Article 8: Georgia’s system of education -Article 9: local government (20% of the Constitution) The Georgia General Assembly: 180 House members, 56 Senate members -Difference between US Congress: -Senate headed by the lieutenant governor as opposed to the US Vice President -Election: Congress: entire House and only one-third of the Senate are elected every two years General Assembly: all 236 members are up for election every two years -GA’s “amateur” legislatives vs “professionalized” Congress’s political scientist -GA Constitution does not impose legislative term limit  elected official can hold office for consecutive years -Annual session of 40 legislative days Representation: -Constitution of 1983 restricted Senate not to be above 56 members; House must have at least 180 members -Voting Rights Act of 1965: ensure minority representation as the South desegregated -Abandoned multimember House districts (electing several representatives within the same district) in 1990, requiring candidates to run for designated; single-member district (voters elect one for the House) Qualification of members: Article 3, section 2 -Registered voters, US citizens, GA citizens for at least two years; reside within their district for at least one year; cannot run for more than one office or in the two parties -For Senate: at least 25 -For House: at least 21 -Ineligible: active military duty, people who hold other elected or official office, convicted felons Legislative session: -Annually, begins on the second Monday of January, last up 40 days -General Assembly can be called into special session by the governor, or by agreement of 3/5 the members of each chamber (dealing with unexpected crises, budgetary shortfalls, state emergencies)

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Legislative Leadership: -Lieutenant governor serves as president of the Senate; chosen by Georgia’s voters, winner is chosen by the governor; Senate elects one of its members as president pro tempore to replace presiding officer -Members of the House elect the speaker of the House; also elect a speaker pro tempore Types of Legislation: enacting laws, conducting impeachments, spending public money -Bills before General Assembly can be classified as: resolutions, general legislation, local legislation -Resolution: “express approval of the state”; Ex: honoring someone, determine compensations…; generally do not require signature of the governor, but joint resolutions that are enforceable as law do require the governor’s signature -General legislation: application statewide; ex: laws regarding election procedures, speed limits…; local government cannot pass ordinances that contradict general law; supersedes past legislation -Local legislation: laws passed by General Assembly that apply only to specific cities counties, or specific districts; local legislation may not contradict with general legislation Consideration of Bills: -Only members of the General Assembly may introduce legislation; may be sponsored by multiple legislators and may be introduced by either chamber Appropriation of public money must be introduced by the House -Population bills (those that apply to jurisdictions of a certain population) are prohibited -General legislation be read three times from the floor on three separate days (first and second reading would be the title of the bill) -Bills are passed by simple majority of entire membership of both chambers -Certain exceptions require two thirds include tax legislation, amendments to the Constitution, veto overrides, punitive action taken against a member, motions to change the order of business, bills that have been once rejected The State Budget: -Governor responsible for preparing the state’s annual budget and submit to the General Assembly during the first five days of regular legislative session; legislature has unlimited power to change the budget -Governor can exercise line-item veto (remove specific spending without vetoing the entire budget), but can be overridden by 2/3 vote of membership of each chamber -Requires a balanced budget (state must includes debt payments as part of the annual budget)

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The Executive Branch -Governor and lieutenant governor are not elected together as a team -Plural executives: voters elect various department heads (opposed to how the US president chooses his executive members) -Governor: -two consecutives, two-year terms with no life restriction on the governor’s service -has constitutional vacancies in the executive and judicial branches without Senate confirmation, also has authority to fill vacancies at local level when officials are removed -does not have appointment power for his “cabinet” -has full responsibility for preparing budget but legislature has unlimited power to change -has line-item veto but 2/3 majority of legislature can override -signs a bill  law, but bill can become law if the governor does nothing -When voting a bill, the governor is required to return it to the chamber where it originate within 3 days during the session or within 60 days after adjournment -Full veto: a rejection of an entire bill; line-item veto: rejections of specific passages in bills -Plural executives: requires votes to elect six department heads in addition to the governor and lieutenant governor (these are called “elected constitutional officers”) -Attorney general and secretary of state are elected -Elected department heads’ qualifications: at least 25, US citizen for at least 10 years, GA residents for at least 4 years -Attorney general’s qualification: in addition to department head’s qualifications, must have had 7 years as an active-status member of the State Bar of Georgia -Constitutional boards and commissions: insulated from political pressure (the governor is prohibited to be a board member in some commissions) 1. Education: one member per congressional district appointed by the governor to seven-year terms subject to Senate confirmation 2. Natural Resources: one member per congressional district and five at large (at least one of whom is from a coastal county) appointed by the governor to sevenyear terms subject to Senate confirmation 3. Pardon and Paroles: appointed by the governor to seven-year terms subject to Senate confirmation 4. Personnel: appointed by the governor to five-year terms subject to Senate confirmation 5. Public Service: elected statewide on a partisan ballot for six-year terms [utilities such as gas, electricity] 6. Regents: one member per congressional district and five at large appointed by the governor to seven-year terms subject to Senate confirmation 7. Transportation: one member per congressional district elected by majority vote of General Assembly members whose districts overlap any of the congressional district 8. Veterans Services: appointed by the governor to seven-year terms subject to Senate confirmation 8

The Judicial Branch: Article 6 -Trial courts: laws to the facts in specific cases, reaching to decisions -Appellate courts: review action of trial courts and review questions of law; decision made do not involve witnesses or juries -State judges and district attorneys (prosecutors) elected on nonpartisan ballots *US prosecutor appointed by President under authority of the US Department of Justice, and subject to Senate confirmation, can serve for life -GA attorney general can issue advisory opinions (declarations advise agencies and local governments about whether actions they plan to take are legal; have force of law unless overturned by court); US attorney general does not have this power -Trial courts: GA Constitution requires each county have at least one superior court, magistrate court, and probate court -Superior Court: trial court of general jurisdiction; hears a broad range of serious cases (divorces, felonies, civil disputes); judges may handle cases in more than one county within circuit -Municipal Court: trial court of limited jurisdiction; hears specialized cases that less serious (traffic laws, local ordinances, other misdemeanors); processes warrants; conduct preliminary hearings to determine existence probable cause -Probate Court: deals with wills, estates, marriage licenses, appointment of guardians, and involuntary hospitalizations of individuals; issues warrant in some cases -Magistrate Court: deals with bail, misdemeanors, small civil complaints, and search and arrest; also conduct preliminary hearings -State and Juvenile Court: civil cases, traffic violations, other misdemeanors; conducts preliminary hearings and issues warrants -Appellate courts: two levels (Court of Appeals and Georgia Supreme Court) -Court of Appeals (1907): members elected statewide on a nonpartisan basis for staggered, six-y...