This Is Georgia. This is...state and Local Government. Georgia s constitution contains several parts. These are listed below: Georgia s Constitution

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1 This Is Georgia SS8CG1 Describe the foundations of Georgia s government. a. Explain the basic structure of the Georgia state constitution (preamble, bill of rights, articles, and amendments) as well as its relationship to the United States Constitution. b. Explain separation of powers and checks and balances among Georgia s three branches of government. c. Describe the rights and responsibilities of citizens according to the Georgia Constitution. d. List voting qualifications for elections in Georgia. e. Identify wisdom, justice, and moderation as the three principles in the Pledge of Allegiance to the Georgia Flag. This is...state and Local Government Oh, government! It can be difficult to learn and very complicated - yet it serves an important purpose. Learning how our government works helps you understand the rights and responsibilities you have as a Georgian and an American. Government has a huge influence on your life, and a basic understanding of our government is vital. Just like the US, Georgia has a government. Georgia s government is written in a constitution similar to the constitution of the United States. Let s look at the Georgia Constitution. Georgia s constitution contains several parts. These are listed below: Georgia s Constitution Preamble - The word preamble means beginning. At the beginning of any document, there is an introduction. The preamble is the introduction to the Georgia Constitution - it explains why it was written, as well as the principles it stands for. Bill of Rights - The Bill of Rights, actually found in Article I, echos the United States Bill of Rights. The Bill of Rights in Georgia deals with the basic rights and freedoms of citizens in Georgia, and the Bill of Rights is several paragraphs long. Articles - The Articles are the meat of the Georgia Constitution. This is where Georgia s government is set up and established. It creates the three branches of Georgia s government (executive, legislative, judicial), describes how the state will be taxed, discusses education, discusses voting, and discusses county and city governments. Amendments - Like the US Constitution, the Georgia Constitution is amendable, or changeable. Amendments, or changes, to the Georgia Constitution can be added to the end of it. Keep this in mind: Georgia s Constitution has to follow the US Constitution - it cannot take away rights expressly given to US Citizens. The US Constitution sets the standard, and Georgia must follow it. The Three Branches of Georgia s Government Executive: This branch contains the leader of Georgia. The governor is in this branch, as well as the lieutenant governor and various state agencies. Legislative: This branch contains the lawmakers, known as Georgia s General Assembly. The General Assembly is bicameral. It has two chambers: the House and the Senate. Judicial: This branch contains Georgia s courts -Georgia s Supreme Court, Court of Appeals, and trial courts.

2 The executive branch enforces the law, the legislative branch makes the laws, and the judicial branch interprets the law. These branches have separation of powers, which means that they each have a list of responsibilities that they need to perform. By giving each branch of government a separate job and responsibility, the government moves forward, efficient and productive. The three branches of government also have checks and balances. Each branch has a limit, or a check, on the other one that keeps one branch from taking over the other two. One example of this is a veto - the governor of Georgia can veto a law that he/she doesn t want to sign into law. The General Assembly s check over the governor is to overturn the veto with a ⅔ majority override of the veto. The Georgia Supreme Court can declare any action by the governor or General Assembly unconstitutional. Helpful Hint: Separation of powers deals with each branch having a separate job. At your school, each administrator probably handles a different set of responsibilities to keep the school going. The government works like this, too. Checks and balances work a whole lot like rock, paper, scissors. No choice in that game is the most powerful. No one branch of government is more powerful than the other two. They all work to keep each other fair and balanced. Georgia s citizens are given many rights and responsibilities. Some of these rights given to Georgians are basic American rights the right to bear arms, the right to freedom of speech, the right to life, liberty and property. In Georgia, you have these rights, because they are the same rights that one has under the US Constitution. Georgia s citizens also have responsibilities. Georgians are expected to vote, but it is not a requirement. Georgians are expected to serve jury duty and must serve if given a summons. Male Georgians, at the age of 18, must register for selective services (or the possibility of a draft). Georgians are also expected to pay taxes. To vote in elections in Georgia, you must: 1. Be a citizen of the United States 2. Be 18 years of age 3. Be registered to vote and 4. You must not be in prison for a felony. If you meet all of these requirements, you are allowed to vote in the state of Georgia. Elections are held every 2, 4, or 6 years - depending on the position. Just like the American Flag, Georgia has a state flag and a state pledge. Our pledge is based off of our state seal. The arch represents Georgia s constitution, and the three columns display the state s principles: wisdom, justice, and moderation. (Helpful hint - A little rhyme might help you remember the principles: Wisdom, justice, moderation - makes the best state in the nation! ) Elections are either partisan or nonpartisan elections. This means that that candidates for certain offices can run as a member of a political party (the two main parties are the Republican and Democratic parties) or that the candidate can just run without a party attachment (it depends on the office that the person is running for). Many voters in the state of Georgia are Republican or Democrat, but many voters are also independent or undecided voters. I pledge allegiance to the Georgia flag and to the principles for which it stands; Wisdom, Justice, and Moderation.

3 The Legislative Branch S8CG2 Analyze the role of the legislative branch in Georgia. a. Explain the qualifications for members of the General Assembly and its role as the lawmaking body of Georgia. b. Describe the purpose of the committee system within the Georgia General Assembly. c. Explain the process for making a law in Georgia. d. Describe how state government is funded and how spending decisions are made. Georgia s legislative branch makes laws for the state of Georgia, and adds them to the Official Code of Georgia Annotated (O.C.G.A.) - the lawbook of the state. This branch contains lawmakers who are elected to the Georgia General Assembly. The General Assembly is bicameral (meaning two chambers). It contains the House of Representatives and the Senate. The leader of the House is the Speaker of the the House. The leader of the Senate is the Lt. Governor. Qualifications Senate: House: Age: Must be 25 Must be 21 Citizenship: Citizen of GA: 2 years US Citizen Citizen of GA: 2 years US Citizen Terms: 2 years 2 years Election: Elected in November of even years Elected in November of even years Duties: Write legislation Write legislation Most of the work done by the legislative branch is done in committees. A committee is a group of legislators who research, debate, discuss, and decide on on a bill (a proposed law). Committees determine if the bill they are discussing needs a vote on the House or Senate floor (the main chambers of the General Assembly). There are four different types of committees. These are: 1. Ad Hoc Committee - A committee created for a specific purpose or specific issue. 2. Standing committees - Committees that always exist and deal with permanent issues in the government (education, transportation, etc). 3. Conference Committees - This committee is created when two different versions of a bill are passed. Both House and Senate have to pass the same exact version of a bill. This committee attempts to write a version of the bill that will pass both the House and Senate. 4. Joint Committees - these committees are made of up members of both the House and the Senate. The work of committees is to evaluate bills and determine if a bill should become a law. Committees do research and view statistics. They look at case studies from other states. They interview citizens who are in favor or are opposed to the legislation. They debate, discuss, and analyze the bill. The committees are tasks with either favoring the bill and sending it to the floor for a vote - or letting it die in committee. For a bill to become a law, there are several steps. There are up to sixteen (!), but let s keep it simple here. 1. Someone suggests an idea for a law to a legislator. An idea for a bill can come from a citizen, a legislator, or by the governor through the Floor Leader. The bill is written in legal language, and given a number. (Bills can start in either chamber, but bills dealing with money begin in the House.) 2. The bill is introduced to a chamber. 3. The bill is assigned to a committee. From there, the committee reads the bill, researches it, discusses it, and debates it. The committee can kill the bill, or continue reading it. After the third reading, the bill is brought to the floor. 4. The bill is voted on. If it passses, it moves to the other chamber. 5. The bill is taken to the other chamber, put into committee, where the committee debates and discusses the bill. If the bill is recommended by the committee, it can go to the floor (or the bill can die - or go to conference committee). 6. If the same version of a bill passes both chambers, it heads to the governor s desk. From there, the governor can sign the bill into law, veto (or say no to) it, or let the bill sit on his desk for 40 days. After 40 days, the bill becomes law. 7. A ⅔ majority vote in the House and Senate can override a veto, but these overrides rarely happen.

4 Revenue The state of Georgia takes in revenue (money) from several different sources. Much of this money is taken in through taxes. Income taxes, or taxes on one s paycheck, is the biggest moneymaker for Georgia. Georgia also makes money on sales taxes (taxes on purchases) corporate income taxes (taxes on corporations), property taxes (taxes on property), excise taxes (taxes on special things like gas), the lottery, and fees (like speeding ticket fines). This money goes to pay for services and the people who provide services within the state of Georgia. The Executive Branch SS8CG3 Analyze the role of the executive branch in Georgia state government. a. Explain the qualifications for the governor and lieutenant governor and their role in the executive branch of state government. b. Describe how the executive branch fulfills its role through state agencies that administer programs and enforce laws. Qualifications Governor: Lt. Governor: Age: 30 or older 30 or older Time in Georgia: 6 years 6 years Time as a US Citizen: Term: 15 years 15 years 4 years (can serve two back-to-back terms, then has to take a break). 4 years (can serve unlimited terms). Election: Elected by the people of the state of Georgia. Elected by the people of the state of Georgia. Duties or Responsibilities: (See the box on the right) The lieutenant governor is the head of the Georgia Senate. In Georgia, the executive branch works to enforce the law, or make sure the law is being followed. Georgia s governor has a number of responsibilities and is the leader of the executive branch and our state. The governor is in charge of the state s budget, sends out authorities in emergencies, signs/vetoes bills, appoints people to state agencies, works to bring businesses into the state, and gives a yearly State of the State address. The governor also appoints floor leaders to address his/her agenda to the Georgia General Assembly. The governor can also call special meetings of the General Assembly to discuss a particular issue or agenda. The governor and the lieutenant governor have to have the same qualifications. If the governor becomes sick, unable to serve, is impeached, or dies, the lieutenant governor takes over and becomes the governor. The executive branch enforces the law and makes sure that Georgia s constitution is being met through through state agencies. State agencies cover needs throughout the state. While the US Constitution covers basic rights, state constitutions often address more detailed needs. There are several state agencies in the executive branch, making it the largest branch of Georgia s government. The executive branch has elected leaders that run state agencies: Secretary of State, Attorney General, Commissioner of Insurance, State School Superintendent, Commissioner of Labor, and Commissioner of Agriculture. These elected leaders work with the governor and lead their departments. There are several state agencies that are led by officials who are appointed by the governor, like the Department of Juvenile Justice, the Department of Economic Development, and the Department of Transportation. Appointed officials must also lead their agencies and make sure that the constitution and state laws are being followed. All of these state agencies work to make sure that the constitution is being fulfilled - that the law is enforced. For example, the Department of Education provides for the education of all of Georgia s children. These agencies must follow the Georgia constitution and the Official Code of Georgia Annotated (O.C.G.A), which contains Georgia s laws.

5 The Judicial Branch SS8CG4 Analyze the role of the judicial branch in Georgia state government. a. Describe the ways that judges are selected in Georgia. b. Analyze the dual purpose of the judicial branch: to interpret the laws of Georgia and administer justice in our legal system. c. Explain the difference between criminal law and civil law. d. Explain the steps in the adult criminal justice system beginning with arrest. The judicial branch of Georgia contains Georgia s courts. These courts deal with civil and criminal law. Courts in Georgia administer justice and interpret the laws of our state and nation. Trial Courts Georgia s Courts State Courts - These 71 courts deal with misdemeanors (smaller crimes), case hearings, and civil cases. Their judges are elected to four-year terms. Juvenile Courts - These 159 courts deal with crimes with children under the age of 17, as well as deprived or neglected children. These judges are appointed to four-year terms. Magistrate Courts - These 159 courts deal with small crimes, small civil cases, and issue warrants. These judges may be elected or appointed to four-year terms. Probate Courts - These 159 courts deal with firearms licenses, wills, estates, marriage licenses. These judges are elected to four-year terms. Superior Courts - These 49 circuit courts are the highest trial courts in the state of Georgia. These courts hear felony (major crime) cases, major civil cases, divorce cases, and issue land grants. These judges are elected to four-year terms. Appellate Courts Court of Appeals - this court consists of 15 elected justices who serve on four various panels throughout the state. The Court of Appeals hear appeals cases - cases under review to determine if the decision made by the lower courts was correct and constitutional. These justices are elected to six-year terms. Supreme Court - This court consists of seven justices who serve as the final word on what is or is not constitutional in the state of Georgia. This court hears appeals cases from civil and criminal trials, and reviews death penalty cases. These justices are elected to six-year terms. Cheat Sheet: Elected Judges/ Justices: State Courts, Superior Courts, Probate Courts, Court of Appeals, Supreme Court. Appointed judges: Juvenile Courts Appointed or Elected: Magistrate Courts Most of these judges run in non-partisan elections - with no political party. Criminal law deals with crimes committed. Someone stole my bling! I need to call the police. Someone stole my bling. I m totes gonna sue them for damages. Civil law deals with disputes between parties or individuals. Even famous reality stars deal with civil and criminal law... Georgia s courts serve a dual purpose - to administer justice and to interpret the law. Justice is administered through the courts in criminal cases - these cases determine if the person on trial is guilty or not guilty. Civil cases work to administer justice by settling disputes between two parties. Appellate courts interpret the law - they determine if trial court cases followed the Georgia Constitution and the Official Code of Georgia Annotated. The Georgia Supreme Court is the final authority on if a law is or is not constitutional.

6 Adult Justice There are several steps in the adult criminal justice process. These steps ensure that every person with a trial has due process and a fair trial. Due process means that the law is being followed properly. There is a pretrial process and a trial process. The pretrial process: Arrest and booking - A person is arrested and documented in the local jail - a mug shot is taken. Initial appearance - The defendant (person arrested - the offender) appears before a magistrate judge determines if you have enough to be charged with a crime. Preliminary Hearing - The judge determines if a there is enough evidence to for probable cause for the defendant and proceed with bringing it to a grand jury. Grand Jury - A panel of citizens determine if there is enough evidence to take the defendant to trial. Arraignment- If the jury finds enough evidence, formal charges are read and the case is assigned and taken to the Superior Court. Admitting Guilt/Plea Bargaining - the defendant can proclaim guilt and settle the case. If the defendant says that he/she is not guilty, the case proceeds to trial. Juvenile Justice SS8CG5 Explain how the Georgia court system treats juvenile offenders. a. Explain the difference between delinquent and unruly behavior and the consequences of each. b. Describe the rights of juveniles involved in the juvenile justice system. c. Explain the steps in the juvenile justice system when a juvenile is first taken into custody. The trial process: Jury selection - A jury (or group) of 12 peers is selected for a criminal trial. This group will determine your guilt or innocence. Opening statements - These are given by each side - proclaiming guilt or innocence Evidence is presented - The jury examines evidence and witnesses are summoned from both sides. Closing Statements - Both sides present final statements declaring the guilt or innocence of the defendant. Jury deliberation - The jury reviews the evidence and makes a decision. This decision can take hours or days. Verdict - The jury delivers the verdict to the judge. The jury determines if the defendant is guilty or not guilty. Sentence - If guilty, the judge sentences the defendant. The sentence depends on the crime committed. Appeal - All cases are subject to an appeal (or review). The higher courts may or may not decide to review the case. In the state of Georgia, a juvenile is anyone under the age of 17. On your 17th birthday, you become an adult in the state of Georgia. Because of the age of juveniles, there is delinquent and unruly behavior. Delinquent behavior is a crime for everyone - regardless of age. (Being called a juvenile delinquent isn t a compliment. It basically means a young criminal.) Unruly behavior is a crime based on age - a status offense. Adults can drink alcohol, but juveniles cannot. Drinking underage would be considered an unruly behavior, while theft would be considered a delinquent behavior. Juveniles have protection under the law because of their age. Some of the rights afforded to juveniles are the same rights given to adults, but there are also some protections for juveniles because of their age. Juvenile rights are: 1. Juveniles have the right to have their identity protected because of their age (if a juvenile is tried as an adult for a crime, that right is waived.) 2. Juveniles have the right to be released to their parents (that doesn t happen with adults, fam). Juveniles also have access to their parents as soon as they are arrested. 3. Like adults, juveniles have due process of law and the rights of the Constitution. They cannot testify against themselves. They can bring witnesses to trial. They have the right to an attorney. They have the same Miranda Warning rights as as adults, but they do get to have a parent present when questioned by law enforcement. 4. Juveniles (even those tried for adult crimes) are not placed in prison with adults until they turn 17. Tiny cheat sheet: the prosecution represents the state. The defendant is the person charged.

7 Juvenile justice As a juvenile, the criminal justice process is also different. This process takes into account the juvenile s underage status.these are the steps in the juvenile justice process: 1. Intake Officer - An intake officer is the officer who decides if the juvenile has enough evidence to charge him/her. 2. Release or Detained - Depending on the crime, a juvenile will be released to parents or detained in a Regional Youth Detention Center (RYDC). 3. Informal Adjustment - If the crime is a lesser crime and the juvenile admits guilt, the case can be settled through an informal adjustment, which is probation. If a juvenile meets the requirements of the probation, charges are dropped. This is an offer that is extended that the discretion of the prosecution. It is not a right of the defendant - just a possible resolution of the charge. Most felonies (major crimes) go to an adjudicatory hearing. 4. Adjudicatory Hearing - This is a trial. There is no jury, only a judge. The judge determines if the juvenile is not guilty or guilty. 5. Disposition Hearing and sentencing - The judge decides on the juvenile s punishment and may hear witnesses at this hearing. Juveniles can receive punishments such as boot camp, probation, or time in the RYDC. 6. Appeal -Just like in adult cases, juveniles can decide if they would like an appeal (or a review) of a case. (Pssst...juveniles can be tried as an adult if one of Georgia s seven delinquent behaviors is committed ) Local Government SS8CG6 Analyze the role of local governments in the state of Georgia. a. Explain the origins and purposes, of city, county, and special-purpose governments in Georgia. b. Describe how local government is funded and how spending decisions are made. While the state of Georgia has a government, its 159 counties and over 500 cities also have governments. Cities are created by a charter,which works as the framework for a city s government. Cities vary in terms of leadership, and can be led by a mayor, a city council, a city manager, or a combination of those leaders. Counties are established by Georgia s constitution. Each Georgia county has a board of commissioners, a group of leaders who help run the day-to-day functions of the county. Counties also have a sheriff, a tax commissioner, and specific judges of courts. A special purpose government is exactly what its name entails - it is a part of a county or city government that is created for a special purpose. Local school systems, public transportation systems, and even a library system are all examples of a special-purpose government. County Government City Government Special-Purpose Government Origins: Georgia has 159 counties established by the Georgia constitution. Each of these counties are led by a board of commissioners. Counties have a sheriff (leader of law enforcement), a tax commissioner, judges, courts, and clerks of courts. Georgia s cities are created by charters, or a document that creates its government. Each city is led by a mayor, a city council, or a city manager (depending on the city s charter). Cities can provide services, just like a county. A special-purpose government is a part of a government that serves a special purpose (I know you are shocked by this). A school system, a public transportation system (like MARTA), and a library system are all examples of a special-purpose government. Purposes: Georgia s counties were created to provide services to people within the county. The people in counties benefit from the services provided. The purpose of a city is to provide services and a government to people within that city. For example, the city of Atlanta provides many services to its people, like a police department and parks and recreation department. Special-purpose governments are created to provide a particular service to people within a county, city, or even the state. Special-purpose governments usually work with their own leadership. Though special-purpose governments are managed by the government, but are a separate entity.

8 Chart-O-Revenue Like state government, local governments can get their revenue from taxes. These are examples of taxes that local governments use below. Ad Valorem Tax: Sales Tax: Property Tax: Excise Tax: Fees Counties can charge ad valorem taxes on property to pay for goods and services within counties and cities. Some cities and counties opt for a SPLOST (Special Purpose Local Option Sales Tax) to cover certain expenses. Voters must approve a SPLOST and the ballot must state what the SPLOST funds will purchase. Many counties and cities use property taxes to pay for their school systems. This tax on things like tobacco, alcohol, and hotels go to help pay for services in counties and cities. Speeding tickets, parking tickets, 911 fees, fees on services (like water), and other fees pay for county/city services. The basics, one more time. You made it through government! Congratulations! Remember a few key things: 1. Georgia has three branches of government: legislative, executive, judicial. 2. The governor and lieutenant governor are in the executive branch.the governor enforces the law through state agencies. 3. The legislative branch is bicameral. The lieutenant Governor is the leader of the Senate, and the Speaker of the House is the leader of the house. 4. The judicial branch works to interpret laws and administer justice. Most judges are elected. There are trial courts that deal with civil and criminal law, and appellate courts that deal with appeals, or reviews of cases. 5. Juveniles have many protections under the law because of their age. Unruly behavior is based on age. Delinquent behavior is a crime for juveniles and adults. 6. Cities and counties have government. Counties are led by commissioners, and cities are led by either mayors, city councils, or city managers. 7. We in Georgia have lots of taxes. Taxes pay for services within a state, county, or city. Image Credits: Georgia Maps courtesy Jessica Lindeman (used with permission) Georgia State Flag image, public domain Image of famous reality star illustrated by Dana Farr All written content created by Dana Farr, Special thanks to attorney Michael George for standards help and alignment. Teacher Notes were consulted for alignment -