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46 Cards in this Set

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Does the current Georgia Constitution impose term limits on governors? If so, what are they?
The term of office for the governor is four years, and an individual is limited to two consecutive terms of office. However, a two-term governor can sit out for a minimum of four years and then run for election again.
According to the Georgia constitution, does the Governor have the authority to exercise a line-item veto?
Yes, the Governor doe have line-item veto. Governor has the power to veto legislation but the Georgia General Assembly can override a gubernatorial veto with a two-thirds majority in each chamber.
Who has the power of executive clemency in the Georgia Constitution?
Executive clemency (governor’s pardon) , The State Board of Pardons and Paroles
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 House - at least 25 years old, a citizen of the US for at least seven years prior to the election, a resident of the state that he or she has chosen to represent

Georgia House of Representatives – must be 21 years old and must have residency for at least a year in the district that he or she represents and residency in Georgia for at least two years

US Senate - at least 30 years old, residency in state which elected, citizenship for at least 9 years prior to election

Georgia Senate – must be 25 years old, residency for at least a year in the district that he or she represents and residency in Georgia for at least two years
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. If the 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
Besides the governor and lieutenant governor, what positions are identified by the
Georgia constitution as being elected executive officers?
Attorney General
Secretary of State
Commissioner of Insurance
Commissioner of Agriculture
Commissioner of Labor
State School Superintendent
Public Service Commissioners
What are the qualifications to serve as Georgia’s attorney general? What are his/her responsibilities?
Minimum Age of 25, 10 years of US Citizenship, 4 years of state residency, must be an active-status member of the Georgia State Bar for 7 years and must not engage in private practice of law during term.

The Department of Law is responsible for being the legal advisor of 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 the government
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, subject to confirmation by the Senate and have the power of executive clemency, including the powers to grant reprieves, pardons and paroles, (after 25 years of sentence in death sentence cases)

State Transportation Board – as many members as congressional districts in the state to be elected by a majority vote of the members of the House of Representatives and Senate, in charge of transportation, highway construction, railroads

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, subject to confirmation by the Senate

Educational Board – governor, one member per district, local schools

Regents – one per district, appointed by governor, in charge of colleges
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”?
40 working days each year but they are not necessarily consecutive

The governor may call the General Assembly into a special session for a set number of days when the legislature major legislative business has been completed. Special sessions may also be called by agreement of three-fifths of the membership of each chamber.
What is the term length for Georgia state legislators?
Two years and are directly elected by their district
*The most important function of the General Assembly is to pass the state’s operating budget each year
How many members makeup the Georgia General Assembly?
236 members
The passage of legislation by the General Assembly requires what proportion of support from each chamber?
A two-thirds vote in both houses is primary means for approving resolutions to place proposed constitutional changed on the ballot and then voters will decide if the constitution is to be amended.

A majority of the entire membership of each chamber: exceptions to this rule include 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
What does the Georgia Constitution indicate are the powers of the Board of Regents of the University System of Georgia?
The Georgia Constitution grants to the Board of Regents the exclusive right to govern, control, and manage the University System of Georgia, an educational system comprised of thirty-five institutions of higher learning, a marine research institute, and a central University System Office.

Creates 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
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 supported by taxation
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 requirements does Georgia have for those who wish to vote in an election?
US citizen, citizen of GA/county, 18 by election day, cannot be a felon/mentally incompetent
What is eminent domain?
taking of private property for public use such as expanding a highway, constructing facilities, and layering water or sewer lines
How many counties are there in Georgia?
159
What is Home Rule?
Counties/cities have the ability to have some government and legal powers of their own as long as they are not allowing things outside of GA/US laws/constitutions: essentially local self government
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
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 a party. In an open primary, voters can participate in any party’s primary that they choose.
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
What civil liberties are not protected by the Georgia Constitution?
Right to privacy is not in the constitution but it is recognized
How are judges (in the state judiciary) selected in Georgia? (distinguish vacancies from open seats)
All judges are selected by non partisan 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
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
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
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 taxes

“Community improvement districts” taxes for things beyond what county/city provides
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
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 a 4 percent state tax. Debt cannot exceed ten percent of the assessed value of taxable property within the jurisdiction: the annual limit on the amount that can be borrowed on a short-term basis: voters must approve issuance of new debt by vote in election
What is consolidation? What procedures does a local government have to go through in order to consolidate?
Consolidation is combining with another county. Limit of a minimum of 159 counties, must be started through passage of act in the General Assembly and approved by a majority of those voting in referendums in each of the affected counties: can consolidate county and city governments as well
How may the Georgia Constitution be amended?
Requires a 2/3 vote by legislature – no limit on the 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 general election after being submitted to the electorate by the general assembly
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 forbidden: treason: effect of conviction" no banishment and whipping: no involuntary servitude: no imprisonment for debt: costs of case not paid before 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*
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 many constitutions have been adopted by Georgia? When did Georgia last ratify a constitution?
10 constitutions have been adopted by Georgia

Last ratification was in 1983
What does the Georgia constitution say about “sovereign immunity”?
Ability of citizens to sue the state/local government, immunity of govt for its acts harming property or persons, constitution says that the state may waive such immunity in specific situations
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
What are the responsibilities of the State Board of Pardons and Paroles?
Power to stay death sentences: executive clemency
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 trail. No bill of attainder will pass.
What does the Georgia Constitution say about slavery, if at all?
Doesn’t say anything. It talks about involuntary servitude.
What are the requirements for registering to vote in Georgia?
US Citizen, legal resident of Georgia and the county in which you want to vote, at least 18 on election day, can’t vote if considered mentally incompetent or are a felon
Under the Georgia Constitution, will the state recognize marriage between two individuals of the same sex?
No.
How many legislators must be present in order for the general assembly to transact legislative business?
3/5 of the assembly
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 votes 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 a majority vote in the other chamber to become a law
How has Georgia’s constitution historically approached judicial review?
The power to declare acts unconstitutional, is allowed now, institutionalized in 1861
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 – disenfranchisement of blacks and poor whites by making only those who paid all of their taxes eligible to vote: misproportion of votes so urban areas didn’t county in elections: 1877 constitution