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Health & Fitness

Amending the Georgia Constitution (Part 1 of 3)

This year Georgia Voters go to the polls to vote on two Constitutional Amendments. This is the first of the three part series on the amendments.

This November, Georgia voters are going to the polls not only to elect the President of the United States, but to decide on two proposed amendments to the Constitution of the State of Georgia.  While the “Charter School Amendment” has gained a great deal of publicity over the last few months, the second amendment, which deals with the State’s ability to engage in multi-year leases has garnered less attention.  This article is the first of a three part series on amending the Constitution of the State of Georgia.  This first article will give an overview of the purpose and process for amending the State Constitution.  The second and third articles, respectively, will analyze the actual constitutional amendments placed on Georgia ballots this year.

There have been ten successive constitutions for the State of Georgia since 1777, the most recent of which was ratified in 1983.  The present Georgia Constitution has been amended quite a few times, the most recent being the Amendment in 2004 which prohibits same sex marriage.  Article X of the Constitution of the State of Georgia spells out the exact procedure for making these amendments, and that is what the main focus of this first article in the series will focus on.  The purpose of amendments are varied and based on the changes that law makers and citizens deem necessary for the State.  Georgia Courts are tasked with the interpretation of the Georgia Constitution and Georgia state laws. However, amendments to the Constitution made by the legislature and by majority vote of the citizens of Georgia can reshape it in instances wherein the majority believes that the constitution has become ineffective and needs to change with the times.

One example of the previously-mentioned constitutional change by majority vote is the current “Charter School Amendment”.  This amendment comes in response to the .  If approved, the present amendment would supplant the decision of the Georgia Supreme Court as it would change the very constitution that the Court is tasked to interpret.  It is a part of the checks and balances at the state level to insure that government meets the needs of the State as a whole.  

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A constitutional amendment or a new constitution must originate as a resolution from either the State Senate or the House of Representatives and then must be approved by a two thirds of both bodies.  Once approved, the proposed amendment must be submitted to voters at the next general election.  The Governor has no authority to veto a proposed amendment.  Once the amendment is approved by the General Assembly, the Attorney General is required to prepare a summary of the amendment and the Publication Board, composed of the Governor, Lieutenant Governor, and Speaker of the House of Representatives is tasked to ensure that the information is disseminated to the media, who in turn, inform the voters.

It is important to note that the question posed on the ballot is not the actual wording and entirety of the constitutional amendment being considered.  When the General Assembly votes to propose a constitutional amendment, it must designate the question to be placed on the ballot.  The whole of the constitutional amendment may also include additional provisions that relate to the question, but are not necessarily reflected by the question which is placed on the November ballot for popular vote.  If the subject matter of the actual amendment is too different than the question placed on the ballot, the amendment can then be subject to review by the courts.  In 2006, the Supreme Court of Georgia reversed the Fulton County Superior Court decision striking down the 2004 amendment banning same sex marriages.  While the amendment ultimately survived review by the courts, it is just one example of why judicial scrutiny plays a big role in ensuring that the constitutional amendment is what it was originally intended to be.  

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In conclusion, the most important thing that voters can do before they go to the polls this year is to be fully informed as to the constitutional amendments which will be on the ballot.  Local and state newspapers, the internet, and various other sources can provide the full text of these proposed amendments, and I encourage you to read, make inquiries and understand the entirety of each amendment being put to the polls before you head to your local polling station on November 6th, 2012.  Other than paying taxes, the only two things we are truly asked to do as American citizens is to vote in elections, and to serve as jurors when subpoenaed.  Both of these things are tremendous honors that most people take for granted and many times simply ignore because they don't think their participation counts.  It does count, and our present form of government would fail to exist without the participation of it's citizens.  That is the essence of a Democracy.  Make your participation count by being an informed voter.  Look for more information on the upcoming constitutional amendments that will be on the ballot in November in next week's continuation of this three-part series.

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