Georgia Constitution & Government Study Guide

What does the Georgia Constitution say about bills of attainder? What is a bill of attainder?

*Law declaring a person guilty of a crime without a court trial. *No bill of attainder will pass.

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

*US citizen *18 years old by election day *can not be a felon

What are the requirements for registering to vote in Georgia?

*US citizen *legal GA resident *legal resident of county where voting *At least 18 years old on election day *Can not vote if mentally incompetent or serving a felony sentence.

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

*educational programs and purposes *governor's annual budget

Which of the following is elected by the voters of Georgia? a. Commissioner of Agriculture. b. Public Service Commission. c. State Superintendent of Schools. d. All of the above.

d. All of the above.

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

two-thirds vote from both houses

What is the term length for Georgia state legislators?

two-year term. elected by district

How may the Georgia Constitution be amended?

2/3 vote by legislature

How many members makeup the Georgia General Assembly?

236 members

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

3/5 of assembly

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

10 constitutions. Last ratified on November 2, 1982

How many counties are there in Georgia?

159 counties

What are the responsibilities of the lieutenant governor in Georgia?

AKA President of the Senate oversees committee on senate membership. They do not run with governor, elected separately.

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

All voters can take part. In primary elections the political party nominates candidates for the next general election.

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

Attorney general: represents the state in legal matters Secretary of state: runs elections, handles incorporation of business, and maintains GA archives Insurance commissioner: sets rates and determine which carriers will be licensed to operate in GA. Also serves as state fire marshal State school superintendent: oversees the state's K-12 public education system. The superintendent is in charge of instituting the policies of the state Board of Education and managing operations for the school system. Commissioner of agriculture: provides information to farmers and certifies the accuracy and quality of fertilizer Commissioner of labor: occupational safety and the administration of labor laws, addresses unemployment. Public service commission: regulates industries and their rates such as telephones, electricity, and natural gas, trucks, buses

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

Consolidation is combining with another county. Majority vote.

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

Exercises limited jurisdiction within one county. These judges hear misdemeanor including: traffic violations, issue search and arrest warrants, hold preliminary hearings in court cases, and try civil ,matters not reserved exclusively for the superior courts. A state court is established by the local legislation introduced on the General Assembly. State court judges are elected to four-year terms in county-wide nonpartisan elections. Certain vacancies on the state court are filled by appointment of the Governor.

What are the age qualifications for holding elective office in Georgia (US Senate, US House, Georgia Senate, Georgia House)?

GA House *must be at least 21 years old *Georgia residency for at least two years and at least one year in the district that he/she represents and resides. GA Senate *must be at least 25 years old *Georgia residency for at least two years and at least one year in the district that he/she represents and resides. US House *must be at least 25 years old *citizen of the US for at least seven years prior to election *resident of the state that he/she has chosen to represent US Senate *must be at least 30 years old *citizen of the US at least nine years prior to election *resident of the state represented

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"?

Most important function is to pass the state's operating budget. They meet "in session" 40 days a year but not necessarily consecutive. Special session happens with three-fifths agreement of the membership of each chamber.

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

Justices choose the chief justice

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

Laws allow counties to levy 1% general tax and 4% state tax

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, pursuit of happiness religon speech/press right to bear arms assemble and petition trial by jury right to courts search and seizures Many of the same rights are provided in the federal bill of rights. Same-sex marriage is prohibited in GA constitution.

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

No

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

Nothing. Only mentions involuntary servitude.

What is eminent domain?

Power of a government to take private property for public use.

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: five members to be elected by the people. oversees utilities like gas, electricity. communication networks and transportation. State Board of Pardons and Paroles: five members appointed by the Governor, power of executive clemency, including the powers to grant reprieves, pardons and paroles. State Transportation Board: 14 members which exercise general control and supervision of the Department. Veterans Service Board: seven members appointed by the Governor. Board of Natural Resources: one member from each congressional district in the state and five members from the state at large all appointed by the Governor. Educational Board: governor, one member per district Regents: one per district, appointed by governor, in charge of colleges

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

Represents the state in legal matters. *Must be at least 25 years old *citizen for 10 years *live in GA for four years

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

Senate and the House called in line-item vetos are allowed. Bills passed by a simple, majority of entire membership of each chamber. Motions to change a bill requires 2/3 majority. Bills that have rejected also need 2/3 to be reconsidered. Must be passed by the majority vote in one chamber and passed by majority vote in the other chamber to become a law.

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

The State Board of Pardons and Paroles

What is Home Rule?

The power given to a city or town so they can pass laws for that city or town.

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

Yes

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

Yes, home rule local government

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

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

Yes. Allowed up to two consecutive four-year terms.

Under the 4th Amendment, the constitutional standard law enforcement officials must meet in order to obtain a search warrant is: a. probable cause. b. proof beyond a reasonable doubt. c. reasonable suspicion. d. the preponderance of the evidence.

a. probable cause.

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

ability of citizens to sue the state/local government

Which of the following is true of rights guaranteed by the Georgia Constitution? a. Georgia cannot grant individuals more liberty than is provided by the U.S. Constitution. b. Georgia was the first state whose courts recognized a right to privacy. c. Unlike the U.S. Constitution, the Georgia Constitution does not include a bill of rights. d. The state is forbidden from taking private land without the consent of its owners.

b. Georgia was the first state whose courts recognized a right to privacy.

Georgia's use of the white primary was outlawed by the federal courts in the case of: a. Wesberry v. Sanders. b. Fortson v. Toombs. c. King v. Chapman. d. Gray v. Sanders.

c. King v. Chapman.

The Supreme Court established the legal doctrine of "separate but equal" in the case of: a. Brown v. Board of Education of Topeka. b. NAACP v. South Carolina. c. Plessy v. Ferguson. d. none of the above.

c. Plessy v. Ferguson.

Madison's argument in Federalist #51, that "If angels were to govern men, neither external nor internal controls on government would be necessary," is a justification in favor of: a. the Bill of Rights. b. the supremacy clause. c. checks and balances. d. an elected judiciary.

c. checks and balances.

To protect against the power of the national government, the 10th Amendment to the U.S. Constitution grants the states: a. implied powers. b. national supremacy. c. reserved powers. d. enumerated powers.

c. reserved powers.

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?

candidates must capture 50% of the vote. If, not then a runoff is held.

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. Miss-proportion of votes so urban area votes didn't count in elections

Overriding a president's veto requires: a. a simple majority of the combined number of representatives and senators. b. a three-fourths vote in either house of Congress. c. ratification by three-fourths of the states. d. a two-thirds vote in each house of Congress.

d. a two-thirds vote in each house of Congress.

The presiding officer of the state Senate specified by the Georgia Constitution is: a. the Speaker. b. a senator chosen by the governor c. the most senior member of the Senate. d. the lieutenant governor.

d. the lieutenant governor.

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

exclusive right to govern, control, and manage the USG an education system compromised of 35 institutions. Creates new public colleges, junior colleges, and universities.

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

exercising the constitutional authority of executive clemency through informed decision-making, thereby ensuring public safety, protecting victims' rights, and providing offenders with opportunities for positive change.

What are the responsibilities of the Georgia Public Service Commission? How are members selected for the Commission?

five members are elected statewide for staggered six year terms Regulates telephone services, utilities (such as gas and electricity), communication networks and transportation such as trucking and rail systems.

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

free public education prior to college

What civil liberties are protected by the Georgia Constitution?

freedom of religion, speech, press, petition, and assembly

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

non-partisan elections

How has Georgia's constitution historically approached judicial review?

power to declare acts unconstitutional

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?

prohibit imprisonment for debt

What civil liberties are not protected by the Georgia Constitution?

right to privacy is not in the constitution but it is recognized.

What are courts of limited jurisdiction (in Georgia)?

specialized cases: less serious than those in courts of general jurisdictions.

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

superior court