Georgia Constitution Exam | Chapter 1 - 3

What changes did the Constitution of 1945 make?

* Condensing its predecessor * creation of the office of Lt. Governor & New boards of correcitons, state personnel, and veterans services. * Authorized women to serve on juries and gave home rule to local governments

Difference of the U.S. Constitution and Georgia Constitution?

* Georgia's Constitution is much longer due to many detailed policies. * They both have differences in procedural and structural aspects. * The state has to have a balanced budget, whereas the U.S. Constitution has no limit. * The Georgia COnstitution also grants the governor a line-item veto, but the U.S. Constitution grants the president no such power over legislativon passed by Congress.

What was the purpose of the new constitution of 1868?

* Met requirements for readmission to the Union * Eliminated all debts prior to 1865 *Public education was provided for, funded by poll and liquor taxes

Major provisions of the 1983 Constitution.

* eliminating the requirements that local governments place changes in taxation, municipal codes, and employee compensation on the state ballot. *establishing a unified court system, consolidating the duties of justices of the peace and small claims courts into magistrate courts, and strengthening the state supreme court *requiring nonpartisan election of state court judges *giving the board of Pardons and Paroles power to stay death sentences *including an equal protection clause *reducing the total amount of debt that the state may assume *providing more open-to-the-public committee and legislative meetings *incorporaring more formal separation of powers between the legislative and executive branches

The Georgia Constitution further requires ratification by...

... a majority of the voters casting ballots on the proposed amendment

An example of special tax treatment is...

... the taxation of timber.

Georgia is among the twenty-one states requiring...?

...2/3rds of its legislature to vote in favor of submitting a proposed amendment to its constitution.

The Georgia constitution requires ratification by...?

...a majority of the voters casting ballots on the proposed amendment (November of even-numbered years).

Georgia is not among the eighteen states whose...?

...constitutions allow amendments through the initiative process, in which citizens circulate petitions to place proposed amendments on the ballot for voters to ratify or reject in a statewide referendum.

Many policies in state constitution result from...?

...efforts by groups to gain a strategic advantage over their political opponents.

The constitution of 1861 reduced the size of legislature by...

...permitting senators to represent more than one county, and it increased the governor's power significantly.

When groups are able to get their positions on controversial social issues included in state constitution is can be used as a...

...political advantage.

Politics can affect state constitutions is through efforts to satisfy...?

...some requirements of the national government. For example, the Georgia Constitution was amended in 1988 and 1992 to create a trust fund to provide medical services for th poor through the federal Medicaid program.

A 2012 amendment allows the state to approve charter schools, thus enabling...?

...their proponents to bypass local boards of education that might oppose them.

Georgia's constitutions vary in methods by...

...which they were drafted and approved

The use of comission rather than an elected convention reflected the governor's...

...wish to depoliticize the constitution and bring it upto date, as well as the General Assembly's previous failure to muster the two-thirds vote required to call a convention.

What are some similarities between Georgia Constitution and U.S. Constitution?

1. Includes a bill of rights. 2. Provide for a separation of powers with distinct legislative, executive, and judicial branches. 3. Both the U.S. Congress and Georgia General Assembly are bicameral, and each calls itts two chambers (the senate and house of representatives). 4. Both Governments allow for Judicial Review.

Four key factors that influenced federalism

1. National Supremacy 2. the 10th Amendment 3. the 14th Amendment 4. State Constitutions

The November 2004 ballot included only two proposed amendments. What were they?

1. Obscure question regarding the jurisdiction of the state Supreme Court 2. Contentious measure beanning same-sex marriage

What were the five amendments in November 2010?

1. Rejected proposal for a ten-dollar vehicle tag fee to fund trauma care 2. related to state contracts for long-term transportation projects 3. court enforcement of contracts 4. energy conservations 5. zoning

When was the US Constitution ratified?

1789

When was the county-unit system replaced?

1963

What was produced from the 1981 session?

A document that was approved in a 1981 special session and modified at the 1982 regular session.

How did the constitution of 1976 come about?

After Governor George Busbee asked the Office of Legislative Counsel to prepare an article-by-article revision of the Constitution of 1945 for the General Assembly.

What are the length of term differences of Georgia Legislators and National Legislators.

All Georgia legislators (Representatives and Senators) serve two-year terms. National Government Representatives serve two-year terms and Senators serve six-year terms.

Define Unitary Systems. What countries use it?

All authority rests with the national government, which can distribute it to local or regional governments

Define confederations.

All power is in the hands of the individual states, and the national government has only as much power as the states give to it.

What was one of the amendments in November 2012?

Allowed charter school applicants to bypass local school boards and seek state approval for new charter schools.

What is dual citizenship?

Americans are citizens of both the nation and their state, and they are governed by the constitutions of both governments.

What is the County-unit-system? (3:2:1 ratio system)

Candidates were shosen in primaries based on county-unit votes. County-unit votes were awarded on a winner-take all basis.

Why was the constitution of 1868 unpopular?

Compliance with northern demands

CHAPTER 3

Constitutional Development in Georgia

What was absent in the constitution of 1865?

Enfranchisement of the state's black population.

The 1981 special session was...

Expensive. estimatated cost of $30,000 per day.

What erupted in the Democratic party during 1877

Factionalism

Both Georgia constitution & U.S. requires states & national government to have a balanced budget.

False

Special tax treatment for various groups and activities is not a type of politicala advantage. True or false

False

The two articles submitted in November 1978 were accepted. True or false.

False

Georgia is not the first state to adopt a constitution proposed by a comission rather than by an elected convention. True or false

False.

Define Federalism. What countries use it?

Federalism is a type of political system that gives certain powers to the national government, others to the states, and some to both level of governments. Some countries are United States, Australia, Canada, Germany, and Switzerland.

Three amendments were proposed in 2006. What were they?

First was about Restricted the ability of Government to seize private property and the other two were about Hunting and fishing rights

What is a big difference between the Georgia Executive branch and National Executive branch?

Georgia does not have a cabinet system. The President has the authority to appoint and fire heads of almost all major federal agencies. On the otherhand, Georgia's voters elect six department heads.

What makes Georgia noteworthy when it comes to State Constitutions?

Georgia has the second most number of constitutions, having 10. Only Louisiana has had more. Georgia's current constitution took effect in 1983, making it very new.

What is a role Georgia citizens have in the states constitution that is not granted on a national level for the U.S. Constitution?

Georgia voters must approve amendments to the state's constitution.

What did the declaration of Indepndence prompt?

Georgians to establish a more permenant government, and the state adopted the first of its ten constitutions in 1777.

What does the 10th Amendment grants?

Grants states reserved oiwers, but it does not define them.

What were three the Amendments of the 2008 ballot about?

Growth and development. 1. Tax break for large tracts of timber (Ratified) 2. Allow school districts to freeze their peroperty tax revenue (Ratified) 3. allow developers to levy fees to pass along the cost of improvements in subdivisions to new home-buyers (rejected)

Georgia's constitution vs U.S. constitution in structural differences.

It concerns local governments. Georgia's constitution is specific about the organization of local governments, the services they provide, and the ways they handle money. The U.S. Constitution never mentions local governments.

Why did the 1983 constitution retain the prohibition against whipping as a punishment for a crime?

It was out of fear that the General Assembly might pass bills permitting whipping in schools or prisons.

When did GA ratify the U.S. Constitution?

January 1788

What two committes worked together during hte 1981 session?

Legislative Overview Committee on Constitutional Revision and the Select Committee

What was Georgia's political culture during the Constitution of 1777

Liberal

What happened since the 1945 and 1976 Constitutions were so restricted?

Local governments, cities, and counties often were forced to amend the constitution in order to make changes in taxation or municipal codes.

Who is T.R. R. Cobb and why is he important?

Main author of the Confederate Constitution, was also the author of the Georgia Constitution under the Confederacy.

When did the select committe begin work?

May 1977

Who was permitted to work on the Constitution of 1865?

Men who expressed moderate political beliefs before and after the war were permitted to work on the document, which included abolition of slavery, repudiation of Civil War debt, and repeal of secession.

What was the GA state capital before the constitution of 1868?

Milledgeville

How many times has Georgia consitution been amended?

More than seventy times.

Why was Lester Maddoa chosen in the 1966 election?

No candidate got the majority of the popular vote.

What is the 14th amendment?

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.

When was an agreement finally reached about the new constitution and by how much?

November of 1982 by a nearly three-to-one margin. Took effect in July 1983.

The constitution of 1865 did not repel what?

Ordinance of Secession

What are enumerated powers?

Powers granted to the federal Government

What are implied powers and why is it important to thee 1819 case McCulloch v. Maryland

Powers not mentioned explicity in the U.S. Constitution but can be inferred from the enumerated powers. First adopted during the 1819 case of McCulloch v. Maryland.

What was the Constitution of 1877?

Reduced state authority and gave power to counties

Define earmarks. What are the most signifcant earmarks?

Requirements that revenues from certain sources be sent for designated purposes. The most significant are motor fuel taxes.

The constitution of 1789 can be attributed to what?

Scandal over land speculation by legislators.

Out of ninety-six proposed amendments on the ballot between 1984 and 2012, how many did voters approve?

Seventy three (76 percent)

A confrontation during the 1981 session occured between who?

Speaker of the House Tom Murphy and Governor Busbee

CHAPTER 2

State Constitutions

CHAPTER 1

THE U.S. Constitution and Federalism

What does Article I, Section 8 grant Congress?

Taxing, spending, declaring war, and regulating interstate commerce

What strengthened the National Government's power over the states?

The 14th Amendment.

What constitution was the first to be ratified by voters?

The 1861 Constitution

In 2004, what did the legislature ask Georgia voters to vote on an amendment?

The amendment would ban same sex marriage and define marriage as, "union of man and woman". This passed in every county and carried by 76 - 24 percent statewide.

What did the Constitution of 1777 empower?

The common man; only white males that were at least 21 years of age who paid property taxes in the previous year

What did the Roles and Regulations of 1776 define?

The first self-Government in Georgia. It declared that Governmental Authority resided within the state, not with the British monarchy, and that power originated from the governed.

What is Judicial Reivew?

The power of courts to declare acts as unconstitutional.

The constitution of 1865 was viewed as what?

The work of northern carpetbaggers trying to make quick fortunes in the postwar South or, worse yet in the eyes of many, scalawags.

The constitution of 1861 was Georgia's first to do what...?

To be submitted to the voters for approval in a referendum.

Why did Georgia rewrite the constitution of 1865?

To meet the requirements for reentry to into the Union.

What's a second reason for including policies in a Constitution? Give an example.

To respond to a state court decision. For example, Georgia Supreme court might hold that a state law or an action by a local government violates the Georgia constitution.

The Constitution was not well suited to changing conditions. True or false

True

The constitution of 1789 provided for a bicameral legislature. True or false?

True

The police power is among the "reserved powers" in the 10th Amendment. True or false

True

The 2002 election included 6 proposed amendments. How many were rejected?

Two. Taxation of low-income residential developments and commerical docksides.

What's a structural difference that Georgia voters have for the state constitution?

Unlike the national Government, whose judges are nominated by the president and subject to Senate confirmation, Georgia's voters elect almost all their judges on a nonpartisan ballot.

Who are the Bourbons?

White suprematic faction of Democratic party dedicated to apre-Civil war agrarion economic and social norms.

Define police power

ability to promote public health, safety, morals, or general welfare.

The constitution of 1861 was Georgia's first to have what...?

an extensive list of personal liberties, including freedom of thought and opinion, speech, and the press.

Georgia legislature can ask the state's voters to what?

create a convention to amend or replace the constitution

What are some policies that have been added to Georgia Constitutions through Amendments?

earmarking, taxa breaks, issues of morality, and limits on decision making

What is the supremacy clause?

identifies the U.S. constitution as the ultimate authority whenever there is a need to resolve a dispute between the national government and the states.

What is Selective incorporation

incorporates into the meaning of the 14th Amendment the protections offered by the Bill of Rights.

What is an elastic clause?

part of the US Constitution which lets Congress pass any law needed in order to carry out its power.

The constitution of 1865 was drafted by who?

reluctant Georgians to accommodate the demands of Congress for readmission to the union.

What's a scalawag?

southerners willing to cooperate with Yankees

Since the 1976 Constitution remained the same as the 1945 Constitution, the General Assembly created what?

the Select Committee on Constitutional Revision

What is the 10th Amendment

the powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

In accord to the U.S. Constitution, slaves were counted as...

three-fifths of a person

What 1992 Amendment was proposed by Governor Zell Miller?

to create state-run lotteries whose proceeds would be spent on education. It was rattified in November 1992. Required net proceeds go to "educational programs and purposes".

The constitution of 1789 was amended to what?

to permit more democratic requirements for voting, establish executive offices to handle some legislature duties, outlaw foregin slave trade, and establish local governments.