GEORGIA CONSTITUTION OF 1945

(text as ratified by Georgia voters on Aug. 7, 1945)

ARTICLE I.

BILL OF RIGHTS.

SECTION I.

Paragraph I. Origin and Foundation of Government. 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.

Paragraph II. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.

Paragraph III. Life, Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.

Paragraph IV. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.

Paragraph V. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial By Jury. 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 accusation, 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.

Paragraph VI. Crimination [sic.] of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate [sic.] himself.

Paragraph VII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.

Paragraph VIII. Jeopardy of Life or Liberty More Than Once Forbidden. 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 mistrial.

Paragraph IX. Bail; Fines; Punishment; Arrest, Abuse of Prisoners. 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.

Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.

Paragraph XI. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.

Paragraph XII. Freedom of Conscience. 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.

Paragraph XIII. Religious Opinions; Liberty of Conscience. 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 inconsistent with the peace and safety of the State.

Paragraph XIV. Appropriations to Churches, Sects, Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

Paragraph XV. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Paragraph XVI. Searches, Seizures, and Warrants. 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.

Paragraph XVII. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph XVIII. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.

Paragraph XIX. Civil Authority Superior to Military. 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.

Paragraph XX. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

Paragraph XXI. Imprisonment for Debt. There shall be no imprisonment for debt.

Paragraph XXII. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.

Paragraph XXIII. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial and executive powers shall forever 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 provided.

Paragraph XXIV. Right to Assemble and Petition. 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 remonstrance.

Paragraph XXV. Citizens, Protection of. 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.

Paragraph I. Libel; Jury in Criminal Cases; New Trials. 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.

Paragraph II. Treason. Treason against the State of Georgia, shall consist in levying 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.

Paragraph III. Conviction, Effect of. No conviction shall work corruption of blood, or forfeiture of estate.

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

Paragraph V. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.

Paragraph VI. Fraud; Concealment of Property. 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.

Paragraph I. Private Ways; Just Compensation. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.

Paragraph II. Attainder; Ex Post Facto and Retroactive Laws, Etc. No Bill of Attainder, expost [sic.] facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.

Paragraph III. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.

SECTION IV.

Paragraph I. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have 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.

Paragraph II. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.

SECTION V.

Paragraph I. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness.

Paragraph II. Enumeration of Rights Not Denial of Others. 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.

Paragraph I. Tide Water Titles: Confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed.

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