


                       CONSTITUTION OF THE STATE OF GEORGIA 
                                (ratified 1945)             

                                    PREAMBLE                

          To perpetuate the principles of free government, insure jus-
          tice to all, preserve peace, promote the interest and happi-
          ness of the citizen, and transmit to posterity the enjoyment
          of liberty, we, the people of Georgia, relying upon the pro-
          tection and guidance of  Almighty God, do ordain  and estab-
          lish this Constitution.

                                    ARTICLE I  

                                 BILL OF RIGHTS

                                    SECTION I  

Par. 1    All  government, of  right, originates with  the people,  is
          founded upon their will  only, and is instituted  solely for
          the good of the whole.  Public officers are the trustees and
          servants of the people, and at all times, amenable to them.

Par. 2    Protection to  person and property is the paramount duty  of
          the government, and shall be impartial and complete.

Par. 3    No person  shall be deprived of life, liberty, or  property,
          except by due process of law.

Par. 4    No person shall be deprived of the right to prosecute or de-
          fend his own cause  in any of the  courts of this State,  in
          person, by attorney, or both.

Par. 5    Every  person  charged with an  offense against the  laws of
          this State shall have the privilege and benefit of  counsel;
          shall be furnished,  on demand, with  a copy of  the accusa-
          tion, and  a list  of the  witnesses on  whose testimony the
          charge against him is founded; shall have compulsory process
          to  obtain  the  testimony  of  his  own witnesses; shall be
          confronted with  the witnesses  testifying against  him; and
          shall have a public and speedy trial by an impartial jury.

Par. 6    No person  shall be  compelled to give testimony  tending in
          any manner to incriminate himself.

Par. 7    Neither banishment beyond the limits of the State, nor whip-
          ping, as a punishment for crime, shall be allowed.

Par. 8    No person shall  be put in jeopardy of life or liberty  more
          than once  for the  same offense,  save on  his, or  her own
          motion for a new trial after conviction, or in case of  mis-
          trial.

Par. 9    Excessive  bail shall not  be required, nor excessive  fines
          imposed, nor  cruel and  unusual punishments  inflicted; nor
          shall any person  be abused in  being arrested, while  under
          arrest, or in prison.

Par. 10   No person shall be compelled to pay costs except after  con-
          viction on final trial.

Par. 11   The writ of Habeas Corpus shall not be suspended.

Par. 12   All men  have the  natural and inalienable right  to worship
          God, each according to  the dictates of his  own conscience,
          and  no  human  authority  should,  in  any case, control or
          interfere with such right of conscience.

Par. 13   No inhabitant of  this State shall be molested in person  or
          property, or prohibited from  holding any public office,  or
          trust, on account of  his religious opinions; but  the right
          of liberty  of conscience  shall not  be so  construed as to
          excuse acts of  licentiousness, or justify  practices incon-
          sistent with the peace and safety of the State.

Par. 14   No money shall  ever be taken from the public Treasury,  di-
          rectly or indirectly, in aid of any church, sect, or denomi-
          nation of religionists, or of any sectarian institution.

Par. 15   No law shall ever be passed to curtail, or restrain the lib-
          erty of speech, or of the press; any person may speak, write
          and publish his sentiments,  on all subjects, being  respon-
          sible for the abuse of that liberty.

Par. 16   The  right of  the  people  to be  secure in  their persons,
          houses, papers  and effects,  against unreasonable  searches
          and seizures, shall  not be violated;  and no warrant  shall
          issue  except  upon  probable  cause,  supported by oath, or
          affirmation, particularly describing  the place, or  places,
          to be searched, and the persons or things to be seized.

Par. 17   There shall  be within the State of Georgia  neither slavery
          nor  involuntary  servitude,  save  as  punishment for crime
          after legal conviction thereof.

Par. 18   The social status of the citizen shall never be the  subject
          of legislation.

Par. 19   The civil  authority shall be superior to the  military, and
          no soldier  shall, in  time of  peace, be  quartered in  any
          house without the consent of the owner, nor in time of  war,
          except by  the civil  magistrate, in  such manner  as may be
          provided by law.

Par. 20   The power of the Courts to punish for contempt shall be lim-
          ited by legislative acts.

Par. 21   There shall be no imprisonment for debt.

Par. 22   The right of the people to keep and bear arms, shall not  be
          infringed, but the General Assembly shall have power to pre-
          scribe the manner in which arms may be borne.

 Par. 23  The legislative,  judicial, and executive powers shall  for-
          ever remain separate and distinct, and no person discharging
          the duties  of one,  shall, at  the same  time, exercise the
          functions of  either of  the others,  except as  herein pro-
          vided.

Par. 24   The people  have the  right to assemble peaceably  for their
          common good and to apply to those vested with the powers  of
          government for redress of  grievances by petition or  remon-
          strance.

Par. 25   All citizens  of the United States, resident in  this State,
          are hereby declared citizens of this State, and it shall  be
          the duty of the General Assembly to enact such laws as  will
          protect them in the full enjoyment of the rights, privileges
          and immunities due to such citizenship.

                                SECTION II

Par. 1    In all  prosecutions or indictments for libel the truth  may
          be given in  evidence; and the  jury in all  criminal cases,
          shall be the judges of the  law and the facts. The power  of
          the judges  to grant  new trials  in case  of conviction  is
          preserved.

Par. 2    Treason against the State of Georgia, shall consist in levy-
          ing war against  her; adhering to  her enemies; giving  them
          aid and comfort.  No person shall  be convicted of  treason,
          except on the testimony of  two witnesses to the same  overt
          act, or confession in open court.

Par. 3    No conviction shall work corruption of blood, or  forfeiture
          of estate.

Par. 4    All lotteries,  and the sale of lottery tickets, are  hereby
          prohibited; and this prohibition shall be enforced by  penal
          laws.

Par. 5    Lobbying is declared to be a crime, and the General Assembly
          shall enforce this provision by suitable penalties.

Par. 6    The General Assembly shall have the power to provide for the
          punishment of fraud; and, shall provide by law, for reaching
          property of the debtor concealed from the creditor.

                                  SECTION III

Par. 1    1.  In case of necessity,  private ways may be granted  upon
          just compensation being first  paid by the applicant.   Pri-
          vate property  shall not  be taken,  or damaged,  for public
          purposes, without just and adequate compensation being first
          paid, except that when private property is taken or  damaged
          for public  road and  street purposes  by the  State and the
          counties  and  the  municipalities  of  the  State, just and
          adequate compensation  therefor need  not be  paid until the
          same has been  finally fixed and  determined as provided  by
          law, but such just  and adequate compensation shall  then be
          paid in  preference to  all other  obligations except bonded
          indebtedness.  The General  Assembly may by law  require the
          condemnor to make  prepayment against adequate  compensation
          as a  condition precedent  to the  exercise of  the right of
          eminent domain and provide for the disbursement of the  same
          to the  end that  the rights  and equities  of the  property
          owner, lien holders, and the State and its subdivisions  may
          be protected.

      2.  Notwithstanding any  other provisions of this  Constitution,
          the General Assembly of the State of Georgia may be (by) law
          require the State and  State agencies and institutions,  and
          counties, municipalities,  school districts,  political sub-
          divisions,  public  authorities,  public  agencies,   public
          corporations and public instrumentalities created under this
          Constitution  or  the  laws  of  this  State: (i) to provide
          relocation assistance and  payments to persons  displaced by
          public projects or programs  undertaken or sponsored by  the
          foregoing public entities, including without limitation, all
          of  those  relocation  assistances  and  payments as are, by
          Section 210 of  that certain Act  of Congress of  the United
          States of America Known as the Uniform Relocation Assistance
          and Real Property Acquisition  Policies Act of 1970  (Public
          Law 91-646,  91st Congress,  approved January  2, 1971), re-
          quired to be made or furnished to such displaced persons  by
          such public entities in order that federal financial assist-
          ance can be made available to such public entities with  re-
          spect to the public  projects or programs causing  such dis-
          placements, and (ii) to establish and implement  acquisition
          policies and practices  and provide for  the payment or  re-
          imbursement of necessary  expenses of persons  whose proper-
          ties are acquired in connection with the acquisition of real
          property  for  public  projects  or programs, such policies,
          practices, payments and  reimbursements to include,  without
          limitation,  those  real  property  acquisitions   policies,
          practices, payments and reimbursements which Section 305  of
          said Uniform Relocation Assistance and Real Property  Acqui-
          sition  Policies  Act  of  1970  requires that the foregoing
          public entities  establish and  implement or  pay and  reim-
          burse, as the case may be, in acquiring real property for  a
          public project  or program  in order  that federal financial
          assistance can  be made  available to  such public  entities
          with respect to such projects or programs. The providing  of
          all  of  such  relocation  assistances  and payments and, in
          connection with the acquisition of real property for  public
          projects or programs, the establishing of all of such neces-
          sary expenses,  are declared  to be  necessary, among  other
          reasons, in order to avoid  the loss of large sums  of money
          which  will  otherwise  be  made  available to the foregoing
          public entities as financial assistance by the United States
          of  America  and  shall  constitute  governmental  functions
          undertaken for public purposes,  and the powers of  taxation
          may be  exercised and  public funds  expended in furtherance
          thereof.  [Editorial  note:   The  title  of Paragraph I was
          amended  and  subparagraph  2  added  by  amendment ratified
          November 7, 1972.]

Par. 2    No bill of attainder, ex post facto law, retroactive law, or
          law impairing the obligation of contracts, or making irrevo-
          cable grant  of special  privileges or  immunities, shall be
          passed.

Par. 3    All exemptions from taxation heretofore granted in corporate
          charters are declared henceforth null and void.

                                 SECTION IV

Par. 1    Laws of  a general  nature  shall  have  a uniform operation
          throughout the State, and no special law shall be enacted in
          any case for  which provision has  been made by  an existing
          general law.  No general law affecting private rights, shall
          be varied  in any  particular case,  by special legislation,
          except with the free consent, in writing, of all persons  to
          be affected thereby; and no person under legal disability to
          contract,  is  capable  of  such  consent.  [Editorial note:
          that portion of Paragraph I beginning with the word "except"
          and continuing to the end  of the paragraph was added  by an
          amendment ratified on November 8, 1960.]

Par. 2    Legislative  acts in violation of this Constitution,  or the
          Constitution of the United States, are void, and the Judici-
          ary shall so declare them.

                                   SECTION V

Par. 1    The people of this State have the inherent, sole and  exclu-
          sive right to regulating their internal government, and  the
          police thereof, and of altering and abolishing their Consti-
          tution whenever it may be necessary to their safety and hap-
          piness.

Par. 2    The enumeration of rights herein contained as a part of this
          Constitution shall not  be construed to  deny to the  people
          any inherent rights which they may have hitherto enjoyed.

                                  SECTION VI

Par. 1    The act of the General Assembly approved December 16,  1902,
          which extends the  title of ownership  of lands abutting  on
          tide water  to low  water mark  is hereby  ratified and con-
          firmed.



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