Foundations of Government AKS 43 a, b, c, d, and e.pdf

FOUNDATIONS OF GEORGIA’S GOVERNMENT AKS 43 © Brain Wrinkles  Georgia’s Constitution AKS 43 a Review of the U.S. Constitution Structu...

FOUNDATIONS OF GEORGIA’S GOVERNMENT AKS 43 © Brain Wrinkles  Georgia’s Constitution AKS 43 a Review of the U.S. Constitution Structure © Brain Wrinkles  Constitution A constitution establishes the relationship between a government and its people (a plan/blueprint for government). The structure and powers of state government are defined by the state constitution. Georgia’s government has operated under 10 different constitutions, beginning in 1777. The legislature began rewriting Georgia’s Constitution in 1977, and it was ratified by the voters of Georgia in 1983. © Brain Wrinkles © Brain Wrinkles  The Set Up The Georgia Constitution is based on many of the same principles as the United States Constitution and is structured similarly. It begins with a preamble and is followed by eleven articles that address the different branches and duties of government. © Brain Wrinkles  Basic structure of Georgia’s Constitution Preamble: A brief introduction identifying the purpose for the Georgia Constitution Bill of Rights: Contained in Article 1; List that identifies individuals’ rights and freedoms Articles: The 11 articles make up the largest part of constitution. Outlines the rights, rules, regulations, and procedures for citizens and state government Amendments: Changes to the Constitution See the actual Constitution of 1983 by clicking on the state seal.  Preamble Georgia’s preamble is a short paragraph that states the purpose of the constitution and gives the reasons for its existence. Georgia’s Preamble: “To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.” © Brain Wrinkles  Articles Article I – Bill of Rights Article II – Voting and Elections Article III – Legislative Branch Article IV – Constitutional Boards & Commissions Article V – Executive Branch Article VI – Judicial Branch Article VII – Taxation and Finance Article VIII – Education Article IX – Counties & Municipal Corporations Article X – Amendments to the Constitution © Brain Wrinkles  Article I Article I contains the state’s Bill of Rights. This article states the specific rights of citizens and the government’s limits. Some of these rights include right to life, liberty, and property, freedom of speech, freedom of the press, and the right to defend oneself in court. Some of the original rights from the 1777 Constitution remain, but most of the current rights were written by T.R.R. Cobb in 1861. The United States Constitution and the Georgia Constitution both have a Bill of Rights. © Brain Wrinkles  Bill of Rights The Bill of Rights contains 40 paragraphs. 28 list individual rights 9 deal with origin of government 3 discuss general provisions While there is much overlap with the U.S. Bill of Rights, some rights are outlined in the Georgia Constitution that are not specific in the U.S. Constitution Example #1: Right to life, liberty, and property Example #2: Freedom of conscience Example #3 and #4: no whipping as punishment for a crime, right to hunt and fish  Article II Article II sets qualifications for voting and rules for elections. It states elections must be by secret ballot and law-abiding. It also tells who is allowed to vote in Georgia. Article II establishes the steps to take in a runoff election. It also describes what to do if a public official isWrinkles © Brain found guilty of a serious crime.  Article III Article III describes the structure of powers given to the General Assembly (Senate and House of Representatives). It not only outlines the functions of the two houses of the General Assembly, but also explains how bills are passed into laws. © Brain Wrinkles  Article IV Article IV sets up Georgia’s government bodies. It provides a State Personnel Board that ensures the rights of people who work for the state of Georgia, a State Board of Pardons and Paroles that deals with people in prison, a Public Service Commission that oversees utilities such as water and electricity, a State Transportation Board, a Veterans Service Board, and a Board of Natural Resources. © Brain Wrinkles  Article V Article V establishes the qualifications and terms of the governor and lieutenant governor. It also explains the duties and powers of the governor. In addition, it lists other elected positions in Georgia’s executive branch of government. © Brain Wrinkles  Article VI Article VI establishes the state court system. It outlines the court system and gives the purposes and limits of Georgia’s seven types of courts: magistrate, probate, juvenile, state, superior, Court of Appeals, and Supreme Court. © Brain Wrinkles  Article VII Article VII authorizes the power to tax. It lists reasons why the state may tax its citizens and explains the methods and limits of taxation. © Brain Wrinkles  Article VIII Article VIII explains how the public education system is supported by taxes and how the Board of Education oversees it. (Georgia’s Constitution guarantees a right to education) It also outlines the structure of the school system at the state and local levels. © Brain Wrinkles  Article IX Article IX describes the powers and structure of county and city governments. © Brain Wrinkles  Article X Article X describes the process to amend Georgia’s Constitution. It may be amended in two ways. First, through Proposals by the General Assembly. A state senator or representative must introduce the proposed amendment and if two-thirds of both houses accept the change, then it goes before the people for a vote. If the majority of voters ratify the amendment, it becomes part of the constitution. © Brain Wrinkles  Article X The second way is by constitutional convention. If two-thirds of each house of the General Assembly agrees to call such a convention, then delegates to the convention will meet to discuss and vote on possible changes to the constitution. If the convention votes in favor of a proposed amendment, then the amendment goes before the citizens for a vote. It becomes part of the Constitution if a majority of the voters vote in favor of the change. © Brain Wrinkles  Article XI Article XI states the miscellaneous provisions. These provisions deal mostly with history and legal continuity—how Georgia’s different constitutions have been changed over the years. © Brain Wrinkles  Examples of How the GA and US Constitution are Similar Video (5 minutes) Both have a Bill of Rights. Separation of powers with the same three branches of government. Executives appoint officials and can veto bills. Bicameral (two house) legislature Courts can review laws Amendments © Brain Wrinkles  Examples of How the GA and US Constitution are Different Georgia’s Constitution is longer and more detailed. Georgia’s voters can directly approve amendments. Georgia’s Constitution requires a balanced budget. Governor has line-item veto power. Judges in Georgia are elected (non-partisan) Georgia’s Constitution provides details about how local governments function. © Brain Wrinkles  Amendments How to amend, or change the constitution is described in Article 10. To amend the constitution a change must be proposed by… Georgia General Assembly- Georgia’s legislative body State Constitutional Convention- elected delegates that meet to discuss revisions or amendments Either way, Georgia’s voters must approve an amendment.  Separation of Powers AKS 43 b © Brain Wrinkles g 3 Branches Like the government of the United States, Georgia’s government is divided into three different parts. Each branch has a different role, which is called separation of powers. The legislative branch (General Assembly) makes the laws that citizens must obey. The executive branch (governor) is the head of the government who enforces the laws. The judicial branch (courts) interprets the laws. Click on image for music video © Brain Wrinkles  Separation of Powers Like the U.S. government, the Georgia government has separation of powers. Georgia’s government is broken into three branches of government. Each branch has a distinct function. Judicial Branch: Executive Branch: Legislative Branch: Headed by Georgia Headed by Governor Georgia General Assembly Supreme Court Interprets laws & Carries out & Makes the laws determines if laws are enforces laws constitutional  Makes the Enforces Interprets Law the Law the Law © Brain Wrinkles  Separation of Powers Both the U.S government and Georgia’s government have three branches. Each branch has a different role. Legislative branch = makes the law Executive branch = enforces the law Judicial branch – interprets the law This is called separation of power. Review this political cartoon. Notice the characters, what their jerseys say, where they are standing, and who they represent. Then consider the impact it appears each team has. Don’t forget to read the caption at the bottom or check out the importance of the refs. Checks & Balances So that one branch doesn’t become too powerful, the branches put limits, or checks, on each other. If one branch makes an error, another branch can set it right, or balance it. This system of limiting the roles of each branch and setting right another branch’s error is called checks and balances. 4:58 © Brain Wrinkles The three branches of government put limits or checks, on each other. If one branch makes an error, another branch, it is hoped, will set it right, or balance it. This system of limiting the roles of each branch and setting right another branch’s error is called checks and balances. For example, a law passed by the legislative branch can be vetoed or turned down by the executive branch. The members of the legislative branch can then try to keep the law alive by overriding the veto with a vote. In addition, the judicial branch may decide that a law goes against the state constitution and rule that the law is unconstitutional. Legislative: General Assembly (Senate and House of Representatives) The branch that creates laws. Executive: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer. The branch that enforces the law. Judicial: Supreme Court, Court of Appeals, Circuit Courts, Municipal Courts. The branch that interprets the law.  Examples: The governor cannot make laws, but s/he can veto a law passed by the legislature. Only the governor can appoint public officials, but the Senate must approve them before they can take office. The judicial branch may declare laws unconstitutional, in which case they are no longer laws. © Brain Wrinkles  1 5 4 3 6 2 © Brain Wrinkles  Rights & Responsibilities of Citizens AKS 43 c © Brain Wrinkles  Rights The US Constitution and the Georgia Constitution both state citizens basic rights. The GA constitution lists more rights. Rights are standards that keep institutions from harming people’s freedom. The Bill of Rights in Georgia’s Constitution (like the U.S. Constitution) lists the rights of the citizens: Right to freedom of speech and religion, right to keep and bear arms, right to trial by jury, right to a lawyer, etc. © Brain Wrinkles Responsibilities Along with rights come rules and responsibilities. Laws made by the government protect people’s rights. As citizens, we have responsibilities to take care of ourselves, respect the rights of others, and obey rules and laws. © Brain Wrinkles  Examples: The Constitution grants the right to freedom of religion; however, worship must obey the laws of the state. It cannot be immoral or harm people. It also grants the right to bear arms, but people must obey the laws that deal with owning and carrying guns. © Brain Wrinkles  Other Examples of Responsibilities: Paying taxes Serving on Juries Volunteering Voting Respecting others Military service Becoming educated Following laws Staying informed © Brain Wrinkles  Voting & Elections Video on Voting in Georgia AKS 43 d © Brain Wrinkles  Qualifications Article II outlines the voting qualifications for elections: You must be a citizen of the United States. You must be a legal resident of Georgia and of the county where you wish to vote. You must be at least 18 years of age. A person cannot vote if s/he is serving a sentence for a felony conviction or has certain mental disabilities. Finally, to be able to vote you must register at least 30 days before the election. © Brain Wrinkles © Brain Wrinkles  Elections Citizens register to vote on a county-by-county basis. Voters cast their ballots at a specific location near their home. Polling places are open from 7 AM to 7 PM on Election Day, and employers are required to give their employees up to two hours to vote. If you are unable to vote on Election Day, you can cast an absentee ballot by mail in or early vote in a specific time period before election day. Note: In Georgia candidates must receive a majority of the votes cast (50% plus 1). If no candidate receives a majority, a run-off election is held between the two top candidates. © Brain Wrinkles © Brain Wrinkles  Elections Each fall, Georgians vote for a number of positions, depending on the year. Every four years, citizens vote for officers in their county government. Every two years, Georgians vote for members of the state’s General Assembly. Every four years, there are elections for the governor and lieutenant governor. On the national level, presidential elections are held every four years on the first Tuesday of November. © Brain Wrinkles  Georgia Pledge and Principles AKS 43 e © Brain Wrinkles  State Flag Georgia’s current state flag was adopted in 2003. It has three red and white stripes, and the state coat of arms is in the upper left corner on a blue background. The coat of arms has an arch that symbolizes the constitution and three pillars that represent the legislative, judicial, and executive branches. The words wisdom, justice, and moderation are wrapped around the pillars. © Brain Wrinkles  The Pledge In 1935, the Georgia legislature adopted the Pledge of Allegiance to the Georgia Flag. Governor Eugene Talmadge signed the joint resolution. In 2022 the word “courage” was added to the pledge. “I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, Moderation, and Courage.” Video Note: The video is not the current version which includes “courage”. The three principles of the Pledge of Allegiance are the same ones displayed on the coat of arms. © Brain Wrinkles “I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, Moderation, and Courage.”  3 Principles Wisdom reminds the legislative branch to be wise in creating laws. Justice appeals to the judicial branch for fair and just decisions. Moderation urges the executive branch to carry out laws calmly within the boundaries of the law. Note: These have never been adopted as an official “state motto”, but have been used in Georgia since 1799. © Brain Wrinkles