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Georgia State Government ©2005 Clairmont Press
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The Executive Branch of State Government Similar structure to federal government State constitution organizes government structure –Separation of powers –Bill of Rights –Bicameral (all except Nebraska)
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Georgia Constitution Designated as The Constitution of the State of Georgia CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights.................................... 1 ARTICLE II. Voting and Elections......................... 7 ARTICLE III. Legislative Branch........................... 11 ARTICLE IV. Constitutional Boards and Commissions. 26 ARTICLE V. Executive Branch............................. 30 ARTICLE VI. Judicial Branch............................... 34 ARTICLE VII. Taxation and Finance...................... 43 ARTICLE VIII. Education................................... 54 ARTICLE IX. Counties and Municipal Corporations.... 61 ARTICLE X. Amendments to the Constitution........... 76 ARTICLE XI. Miscellaneous Provisions................... 78
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Executive Leader Governor – four-year term by popular vote of citizens Current Gov: Nathan Deal (R) Two consecutive terms allowed Qualifications: –30 years of age –citizen of the US for 15 years –resident of Georgia for six years Lieutenant governor takes over if governor dies or resignsLieutenant governor
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Formal Powers of the Governor Executive: –appoints state officials –makes sure laws are enforced Legislative: –sends requests and messages to legislature –vetoes bills or signs them into law as necessary –call special session of legislature Judicial: –pardon convicted criminals –appoint state justices
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Informal Powers of the Governor appoints people to state boards and executive offices represents the state w/ the Fed Govt, other countries and states works with legislators to get laws passed guiding state agencies
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Office of Lieutenant Governor elected by popular vote same qualifications but can serve an unlimited number of consecutive terms presiding officer in the Senate –controls committee appointments in the state Senate –assigns bills to committees –recognizes Senators who wish to speak current Lt. Gov: Casey Cagle
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Georgia’s Other Elected Officials Attorney General Commissioner of Agriculture Commissioner of Labor Commissioner of Insurance Secretary of State State School Superintendent Public Service Commissioners All serve four year term (PSC members serve six year term)
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Legislative Branch law-making body in Georgia officially known as Georgia General Assembly bicameral (two-houses): House of Representatives and Senate –only House can write spending bills –Senate confirms appointments made by the governor
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Members of the General Assembly 180 members 56 Senators elected by popular vote 2 year terms for House and Senate members Unlimited consecutive terms Qualifications –citizen of US and Georgia at least 2 years –legal resident of district at least 1 year –Senators: at least 25 years old –Representatives: at least 21 years old
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Legislative Sessions 40-day session, January – March members of house of representatives elect Speaker of the House lieutenant governor presides over senate but has no vote Speaker can vote if there is a tie
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Committees organized like Congress in committees and subcommittees bills may start in House or Senate Standing Committees: permanent part of the General Assembly Interim Committee: works on assigned special tasks Conference Committee: works out agreements between house and senate on bills Joint Committee: has members of House and Senate to work on assigned topic or issue members serve on several committees
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Types of Legislation can pass laws, amend (change) them, or do away with them some law topics: –taxes –education –property –criminal matters and punishments –public health –regulation of businesses & professions
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Ways to legislate Initiative – a certain number of qualified voters sign petitions in favor of a proposed statute or amendment, which goes directly on the ballot. Recall –voters may remove an elected official before completion of their reg. term. Referendum –a legislative measure is referred to the State’s voters for final approval or rejection.
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Secretary of State (S.o.S.) Brian Kemp Acts as a chief clerk and bookkeeper
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How a Bill Becomes a Law any senator or representative can propose a bill bills related to spending must begin in the House same version of the bill must pass House and Senate governor can sign or veto the bill if it passes both the House and Senate
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Reapportionment Occurs each 10 years following the census legislature must redraw the voting districts to make them have the equal numbers of people 2004: revisions made to district map2004 gerrymandering: drawing up a election district to support a particular group Click to return to Table of Contents.
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Section 3: The Judicial Branch of State Government What words do I need to know? –felony –misdemeanor –Supreme Court –court of appeals –trial courts –jurisdiction –grand jury –trial jury
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Judicial Branch made up of state’s courts purpose: –interpret state constitution –protect legal rights of citizens –enforce laws of the state
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Judicial Branch due process of law –courts make sure that everyone is protected from abuse by the government civil cases –disputes between citizens criminal cases –involve violation of laws felony –serious crime with severe punishments allowed misdemeanor –less serious crime with smaller punishments
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Georgia Courts Supreme Court is state’s highest court –elected to six-year term –Chief Justice is chosen by the other justices appellate –court which reviews cases – no witnesses and juries court of appeals –second highest court trial courts –hears criminal and civil cases –examples: magistrate, juvenile, state, superior, probate, municipal (city court) Jurisdiction –range of action over which court can rule
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Jury System a trial by one’s peers grand jury: determines if enough evidence exists to indict (officially charge) a person trial jury: citizens whose duty is to determine guilt or innocence of a person charged with a crime
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Separation of Powers each branch of government has its own powers similar to US Constitution designed so that no branch or person can become too powerful checks and balances system depends on citizens choosing wisely when they vote Click to return to Table of Contents.
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Section 4: Young People and the Law ESSENTIAL QUESTION –How are young people affected by the law?
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Section 4: Young People and the Law What words do I need to know? –truancy –juvenile
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Young People and the Law Over 2,500 children in jail in Georgia juvenile: citizen under the age of 17 truancy: failure to attend school juveniles must follow state’s laws, but violators may be tried by a juvenile court Common crimes: smoking, drinking alcohol, loitering (hanging around a public place without permission), violating curfews, running awayCommon crimes
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Juvenile Court System every county has a juvenile court purposes: –help and protect children –ensure protection of children coming under their jurisdiction –provide care for children removed from their home delinquent act: act that would be a crime if committed by an adult (example: burglary) status offense: act that would not be a crime if committed by an adult (example: smoking)
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Steps in Juvenile Justice Process 1.juvenile “taken into custody” 2.intake: intake officer evaluates case 3.detain or release (to parents) 4.detained juveniles sent to RYDC (regional youth detention center) 5.probable cause hearing before a juvenile court judge 6.dismissal, informal adjustment, or formal hearing 7.if the juvenile committed a serious offense or multiple offenses, a judge has many sentencing options
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Georgia’s Seven Deadly Sins Act 1994: legislature addressed issue of increasingly violent youth crime juveniles charged with certain crimes (murder, rape, armed robbery with a firearm) could be treated as adults by the courts superior courts handle these cases mandatory 10-year sentences were a part of the new law
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Rights of Juveniles juveniles have the right to a fair and speedy trial no juries in juvenile cases parents or guardians may be present at hearings attorney must be provided if child’s parents cannot afford one
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Students’ Rights Under School Law sometimes students’ rights have been in conflict with schools’ authority courts have ruled that students’ civil rights are in effect at school; however, schools have been given broad power to control and manage the school environment
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Students Responsibilities Under School Law students have a legal right to a free public education responsibilities of students: –attend school regularly from ages 6-16 –follow reasonable rules and regulations –work with school officials to prevent disruption and violence which keeps students from learning and achieving
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Local Govt: Richmond Hill Mayor and City Manager System: city manager runs daily operations 4 Councilmembers on RH City Council Council meets 2 times monthly; Mayor gets vote only in case of a tie Harold Fowler: mayor Council members/Mayor elected to 4 year terms (staggered elections)
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Local Govt: Bryan County County Commission & County Manager System: county manager runs daily operations 5 Commissioners: Jimmy Burnsed chairman Commission meets 1 times month Commissioners elected to 4 year terms (staggered elections) Districted Bryan County Sheriff: highest elected official (Clyde Smith: Sheriff (4 year term)
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