Georgia Constitution

What is Home Rule?

counties/cities have the ability to have some government/legal powers of their own as long as they are not allowing things outside of GA/US laws/constitutions: essentially local self government

What does the Georgia Constitution indicate are the powers of the Board of Regents of the University System of Georgia?

create new public colleges, junior colleges, and universities subject to approval by majority vote: management of the University System of Georgia and all of the institutions in the system

How is the Chief Justice of the Georgia Supreme Court selected?

justices of supreme court choose chief justice from among themselves: must reside in geographical area which they serve

Are there limits on cities' and counties' ability to tax and incur debt?

law allows counties to levy a one percent general sales tax and 4 percent state tax: debt cannot exceed ten percent of the assessed value of taxable property w/in the jurisdiction: annual limit on amount that can be borrowed on short-term basis: voters must approve issuance of new debt by vote in election

What is eminent domain?

taking of private property for public use such as expanding a highway, constructing facilities, and laying water or sewer lines

How has Georgia's constitution historically approached judicial review?

the power to declare acts unconstitutional: allowed now: institutionalized in 1861

According to the Georgia constitution, does the Governor have the authority to exercise a line-item veto?

yes, can kill specific item in spending bill: can be overridden by a two-thirds vote of the membership in each chamber of the General Assembly

Can the constitution be amended to affect specific individual counties and cities?

yes, home rule-local govt. is granted powers to write/amend its charter (local constitution) and to take any action not prohibited by the state

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: "community improvement districts"-taxes for things beyond what county/city provides:

Does the current Georgia Constitution impose term limits on governors? If so, what are they?

yes. two terms, re-eligible after 4 years.

What is the term length for Georgia state legislators?

2 years

How many members makeup the Georgia General Assembly?

236

How many legislators must be present in order for the general assembly to transact legislative business?

3/5 of the assembly

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

How many constitutions have been adopted by Georgia? When did Georgia last ratify a constitution?

10: last ratification-1983

How many counties are there in Georgia?

159

How are judges (in the state judiciary) selected in Georgia? (distinguish vacancies from open seats)

All judges are selected by nonpartisan elections. The initial term of office is six years for appellate judges and four years for superior court judges: governor can appoint people to vacant/newly created judgeships: judicial nomination committees to fill vacancies

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?

PUBLIC SERVICE COMMISSION-elected statewide, oversees utilities like gas, electricity,communication networks, transportation; PARDONS AND PAROLES-governor appoints, can stay death sentence, executive clemency, inmates and parole times: STATE PERSONNEL BOARD-appointed by governor, hr/benefit programs to govt workers: STATE TRANSPORTATION BOARD-one member per district elected by majority vote of general assembly, highway construction, railroads: VETERANS SERVICE BOARD-governor: BOARD OF NATURAL RESOURCES-1 member per congressional district and 5 at large appointed by governor: EDUCATIONAL BOARD-governor, one member per district, local schools: REGENTS-one per district, appointed by governor: colleges

What does the Georgia constitution indicate about the state's legal commitment to public education?

Public education; free public education prior to college or postsecondary level; support by taxation

Who has the power of executive clemency in the Georgia Constitution?

The State Board of Pardons and Paroles

What are the qualifications to serve as Georgia's attorney general? What are his/her responsibilities?

US citizen, 10 years. legal resident of state for 4 years immediately preceding election/appt. 25 yrs old. active-status member of state bar of georgia for 7 years. not engage in private practice of law during term: head of the Department of Law is responsible for: legal advisor to the executive branch; ; 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 govt.

What requirements does Georgia have for those who wish to vote in an election?

US citizen, citizen in GA/county, 18 by election day: cant be a felon/mentally incompetent

What are the requirements for registering to vote in Georgia?

US citizen, legal res. of georgia and the county in which you want to vote: at least 18 on election day: cant vote if considered mentally incompetent or serving felony sentence

What are the age qualifications for holding elective office in Georgia (US Senate, US House, Georgia Senate, Georgia House)? Are there citizenship requirement for those seeking elective office? Residency requirements?

US senator-30 yrs. old. citizen of US for 9 years. inhabitant of state when chosen. US house-age 25. citizen for 7 years. inhabitant of state when chosen. GA senate-25. US citizen. GA citizen for at least 2 years. GA House-21. US citizen. Citizen of GA for at least 2 yrs.

What does the Georgia constitution say about "sovereign immunity"?

ability of citizens to sue the state/local govt, immunity of govt for its acts harming property or persons: const. says that the state may waive such immunity in specific situations

What does it mean to have an open, direct primary?

all voters can take part. Primary elections are one means by which a political party nominates candidates for the next general election.a direct primary election in which voters need not meet a test of party. In an open primary, voters can participate in any party's primary that they choose.

What proportion of the vote is required to be elected to public office in Georgia? What happens if a candidate does not receive this proportion?

candidate must capture 50% of the vote, if not a runoff is held

What is consolidation? What procedures does a local government have to go through in order to consolidate?

combine with another county: limit of 159 min. counties: must be started through passage of act in general assembly and approved by a majority of those voting in referendums in each of the affected counties: can consolidate county and city govt's too

How did state political leaders, pushing for white supremacy during the 19th and 20th century use the constitution to achieve their goals?

constitution of 1877-disenfranchised of blacks and poor whites by making only those who paid all of their taxes eligible to vote: misproportion of votes so urban areas votes didn't count in elections: 1877 constitution

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

What does the Georgia Constitution say about slavery, if at all?

doesnt say anthing, talks about involuntary servitude

What are the categories of expenditures for which lottery proceeds can be used?

educational programs and purposes: governor's annual budget including recommendations for use of the funds

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?

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*

The passage of legislation by the General Assembly requires what proportion of support from each chamber?

majority of the entire membership of each chamber: exceptions to this rule. Tax legislation, proposed amendments to the constitution, veto overrides, punitive action taken against a member of the General Assembly, or motions to change the order of business require two-thirds majorities

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"?

meets annually in a regular session that begins on the second Monday of January and lasts up to 40 legislative days: may be called into special session by the governor, who sets the agenda, or by agreement of three-fifths of the membership of each chamber

What is the jurisdiction of the "State Court" in Georgia's court system?

misdemeanor violations-traffic cases, and all civil actions, regardless of the amount claimed, unless the superior court has exclusive jurisdiction: hearings on applications for an issuance of search and arrest warrants: preliminary hearings

Under the Georgia Constitution, will the state recognize marriage between two individuals of the same sex?

no

What are the responsibilities of the State Board of Pardons and Paroles?

power to stay death sentences: executive clemency

What are the responsibilities of the lieutenant governor in Georgia?

president of the senate: oversees committee on senate membership: He is also responsible for choosing the chairman of each committee: Governor is incapacitated temporarily, the Lieutenant Governor exercises the powers of the Governor. If the Governor dies or otherwise can no longer fulfill his duties, the Lieutenant Governor serves the Governor's unexpired term.

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?

prohibits imprisonment for debt

How may the Georgia Constitution be amended?

requires 2/3 vote by legislature: no limit on number of amendments submitted to voters at one election: voters cannot petition for certain amendments to be included: requires ratification by a majority of the voters casting ballots: proposals are votes on in next statewide gen. election after being submitted to electorate by the general assembly

What civil liberties are not protected by the Georgia Constitution?

right to privacy-not in constitution but recognized

Besides the governor and lieutenant governor, what positions are identified by the Georgia constitution as being elected executive officers?

secretary of state, attorney general, state school superintendent, commissioner of agriculture, commissioner of labor, commissioner of insurance

What are the legislative procedures, according to the Georgia constitution, for approval, veto and override of vetos?

senate and house of reps called in: line item vetos are allowed (governor can kill a specific item in a spending bill): bills passed by a simple majority of entire membership of each chamber: motions to change bill require 2/3 majority: bills that have been rejected also need 2/3 to be reconsidered: must be passed by majority vote in one chamber and passed by majority vote in the other chamber to become a law

What civil liberties are protected by the Georgia Constitution?

similar to bill of rights shite: church and state: death penalty: free expression: gay and lesbian rights: open government: poverty: prisons: race and national origin: students and juveniles rights: voting rights: women and choice: workers rights

What are courts of limited jurisdiction (in Georgia)?

specialized cases-less serious than those in courts of general jurisdiction: municipal courts-traffic laws, local ordinances, other misdemeanors: process warrants

With the exception of some juveniles, what is the primary trial court for hearing felony cases?

superior court