The Peach State's Playbook

If you think the U.S. Constitution is the only rulebook that matters, think again. Georgia has its own, and it affects your schools, taxes, and roads.

This episode's goal is to explain the unique features of Georgia's state constitution and how it governs "kitchen table" issues.

Here is this week's assignment: Find one right in the Georgia Bill of Rights (Article I) that is not in the United States Bill of Rights. Look at Paragraph II and think about how it applies to modern debates.

Our Featured Guest for Episode Seven is Chris Denson, Director of Policy and Research, Georgia Public Policy Foundation.

🎙️ Citizen's Playbook is produced by Henry Chamber Media, bringing you conversations that connect business, community, and leadership throughout Henry County.

Transcript

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SPEAKER_00 0:07

If you think the U.S. Constitution is the only rule book that matters, think again. Georgia has its own. Its effects on your schools, taxes, and roads are immeasurable. Welcome back to episode seven of the Citizens Playbook, and I'm Joe Henning.

SPEAKER_03 0:20

Yes, Joe. Thank you. And I'm Judge Stephen Knights Jr. And today we're going to take a deep dive into Georgia's government. To help us, we're joined by Chris Denson from the Georgia Public Policy Foundation. Mr. Chris Denson, welcome, sir.

SPEAKER_02 0:35

Hello, and thank you for having me. I'm glad to join and explain why our state constitution is a document that every Georgian should definitely know more about. And hopefully the listeners can gain a better understanding of how much it affects our daily lives and why you've chosen to have a non-lawyer on the podcast today to discuss our state constitution.

SPEAKER_03 0:56

And that's it. So we just want to find out there's a United States Constitution and there's a Georgia Constitution. Are there any differences between the two?

SPEAKER_02 1:09

So I think to really appreciate how different Georgia's Constitution is, it helps to start with the U.S. Constitution as a point of comparison, because most people's idea of what a constitution looks like comes from our federal document and what we're taught in school. So the U.S. Constitution, which went into effect in 1789, famously begins with We the People, and then lays out a series of articles outlining the mechanics of how Congress will operate, how the presidency will function, the structure of the judiciary, process for amending the document, and so forth. Then in 1791, the Bill of Rights was introduced. Those first ten amendments which enshrined broad American principles like the freedom of religion, the freedom of speech, the right to keep and bear arms, and protections against unreasonable searches and seizures of property by the government. Today there are 27 total amendments in the U.S. Constitution, and that number is worth keeping in mind when we get to the Georgia Constitution. The original document for the U.S. Constitution contains about 4,500 words, but when you add all 27 amendments, it nearly doubles in size. So for perspective, when you think about the U.S. Constitution, the entire rule book for the most powerful government on earth is about the length of a long magazine article. Now let's contrast that with Georgia's Constitution. At roughly 40,000 words, it's about five times longer than the entire U.S. Constitution. And Georgia has rewritten that entire document not once, not twice, but 10 times, which is second only to Louisiana among all 50 states. And so why is that? Well, the length and the repeated rewrites both trace back to a couple of core reasons. First, unlike the U.S. Constitution, state constitutions generally don't include implied powers, meaning that everything the state government is authorized to do must be spelled out explicitly. So that alone forces far more detail. The federal government can do whatever is necessary and proper to carry out its numerated powers, which that elastic clause within the federal government has allowed for enormous flexibility and growth. But Georgia's government doesn't have that luxury. So if it isn't written down, generally it's not authorized for the state government to do it. Second, our constitution has been used repeatedly as a political tool. So when a special interest group, for example, wins a policy fight and it gets written into the Constitution, opponents of that cannot undo it with a simple legislative majority. They have to pass a whole new constitutional amendment. So if it's just a law, the next legislature can change it. But if it's in the Constitution, it takes a statewide voter referendum to Chris.

SPEAKER_00 3:51

Let me c if I could, can I ask you those those 10 the 10 rewrites, were there significant historical markers that we experienced that kind of cause that? Or it just seems it seems like a lot.

SPEAKER_02 4:08

Yeah, absolutely. So, you know, when you consider those 10 and they're full rewrites, for example, you know, when you often hear about amendments, for example, um, you know, that's a that's a singular uh addition. But when those 10 rewrites happened, they were full rewrites of our entire constitution, but each were essentially a political response to a crisis or a conflict. So the state constitution of 1861, it reflects the state seceding from the Union. 1865 and 1868 constitutions were forced by Congress as part of Georgia's readmission to the Union after the Civil War. 1877, that state constitution is done as a post-Reconstruction backlash. Uh and then in 1945, and sorry, I should clarify here because this happened over centuries, 1945 and 1976, those were largely cleanup efforts on a document that had been buried under hundreds of amendments, mostly local amendments, which I'll touch on here in a second because that's a very unique part of Georgia's constitution. Um so, like in 1978, uh Georgia voters went to the ballot box, and there were over 120 proposed constitutional amendments in a single election. And over a third of those failed. And so that frustration is ultimately what drove the state constitutional rewrite in 1983, which is the constitution that the state operates under today. And so um mostly that was an effort to streamline the document and eliminate the practice of putting local amendments on our statewide ballot, which cluttered it. Uh but even then, since 1983, our state constitution's already been amended more than 60 times in its relatively short lifespan. And if I may, just to touch on those local amendments, just the impact of those a little bit. So, you know, what happened was is that like by the time it was being debated in 1983, we had a situation in which a longtime counsel of the General Assembly had to create a separate, unofficial document that was more than 400 pages just to catalog all of those local constitutional amendments, breaks it down by county and by city. And so in 1983, they s the the governor and the state legislature sought to break with that tradition, and they prohibited these local constitutional amendments, which were not uniform across the state. They were not uniform in nature. And so new local amendments were banned from being adopted, and our existing ones were given a hard deadline. Um so that was really probably the most consequential part of the cleanup in 1983 that led to our moderate constitution.

SPEAKER_00 6:54

Trevor Burrus That could be an entire podcast right there. It's just that that whole Yeah.

SPEAKER_03 7:00

Interesting. Trevor Burrus, Jr. It's it's a lot going on because um most people would never think that so many uh rewrites happened. And you mentioned earlier about the breakdown between the federal government and Georgia. Um explain a little bit more about the um the details uh that need to happen with the Georgia uh constitutional uh rewrites.

SPEAKER_02 7:22

Aaron Powell So to answer that question, our state constitution is almost more like an operating manual than this document which features broad principles such as the freedom of religion or the freedom of the press, which means that our state constitution is frequently used as more of a political tool. Um and so, you know, when you think of that dynamic, it's pulled in everything from how we fund roads in Georgia to taxation on the timber industry to the implementation of state lottery. Perhaps the most consequential uh and recurring example right now involves local property taxes, which are uh specifically enshrined in our state constitution under the taxation powers. Even though Georgia has not collected a statewide property tax as it constitutionally could, those taxes are levied solely by local governments. So, quite simply, if you want your policy to stick in Georgia, you put it in the Constitution. If you it's in there, then it requires another statewide referendum to remove it. And then the other factor that's a little bit less frequent in the modern era is that sometimes decisions by the judiciary branch, in particular the Georgia Supreme Court, will force constitutional responses. So if the Georgia Supreme Court ruled on something in a way the legislature didn't like, the only reliable fix was a constitutional amendment rather than just uh passing a new law.

SPEAKER_00 8:47

Chris, thank and thank you. I I appreciate the operating manual because that that brings us to a case study. And I think many of us are aware of the Hope Scholarship in that. Um so so this is all established through the Constitution. Is that correct?

SPEAKER_02 9:03

Absolutely. The Hope Scholarship is a perfect example of how Georgia's constitution functions less like a framework document of principles and more like a detailed operating manual for state government. Uh but to understand why it ended up there at all, we have to understand the political fight and how it got there. And I think it's really insightful uh for listeners. So when Zell Miller ran for governor in 1990, a state lottery-funded education scholarship was a central campaign promise of his, but it was genuinely controversial at the time. Georgia's constitution then also banned lotteries, and that ban had been in place statewide since 1868. So when Zell Miller ran for governor, he wasn't just proposing this new program that later became the Hope Scholarship. He was also proposing to repeal a constitutional prohibition and replace it with a constitutional authorization all in one move. So, you know, functionally, not only did he have to convince the General Assembly to pass the amendment by a two-thirds vote and then send it to all Georgia voters for a statewide referendum. Um, but so then, you know, you get to this campaign over like that, that uh ultimately leads to this statewide campaign for allowing for a state lottery in our Georgia Constitution. This is something we still see today when we have legislative fights over allowing sports betting in Georgia. So what Governor Miller then had to do, he's now Governor Miller at this point in the story. You know, he has to make this affirmative case that for lotteries, not just in the abstract, but for a very specific constitutional structure, that lottery proceeds are earmarked explicitly for education. And that way future state legislatures couldn't redirect the money that he had in mind for the Hope Scholarship. Um so the amendment passes, but only by a narrow majority. And you know, the Hope Scholarship launched in 1993, and its popularity grew quickly. But by putting it in the Constitution rather than leaving it as ordinary state legislation, Governor Miller made Hope nearly impossible for future governors or state legislators to guts even as or if the political winds were to shift.

SPEAKER_03 11:22

And we know that quite certainly uh the Hope Scholarship is a great uh um tool now for rewarding students. Um not even consider or think that that would be in the Constitution. Are there any other nuggets like that that you can throw out?

SPEAKER_02 11:39

Aaron Powell Yeah. So, you know, we we we talk about our state constitution of as this idea of an operating manual. And that, you know, with the Hope Scholarship is one example of seeing that in effect. Uh, you know, the Constitution doesn't just set up these institutions and and but it also locks in specific policy choices, certain funding sources, and program structures that could theoretically be handled by ordinary legislation, but they're instead embedded in the most foundational document we have in our state government. Uh hope is obviously the most visible of these, but again, it includes everything from motor fuel taxes and how they fund roads to special tax treatments we have, for example, for timber and agricultural land.

SPEAKER_00 12:23

Chris, uh thank you. I you know, these conversations um really, I think, peel back layers of the onion. You know, you you like like Judge Knight said, you you know the Hope Scholarship, um, you've been able to explain to us how it got there. The fact that with it being in the Constitution like that makes it a little little stronger and a little more uh um, I guess, unable to be changed. But what happens if it needs to be changed? What happens if there's something broken within the Hope Scholarship or we realize we have you know jet vehicles now and we don't need the roads? What what happens there with with how does that work?

SPEAKER_02 13:11

So quite simply, the state legislature will put a resolution forward and it has to pass by a two-thirds majority of the General Assembly. And then once it does uh so, then it will be on the ballot in November for all Georgians to vote up and down on a simple majority. But you essentially have to rewrite the Constitution in order to see a new law or one that replaces an old law come or excuse me, an old amendment come into effect, not a law.

SPEAKER_03 13:43

Wow. Yeah. Okay. I just have a random for you here, uh Chris, that that we're speaking about. So 1983 was the last rewrite. Uh, from your um perspective and studies, any possibility that another rewrite is on its way anytime soon?

SPEAKER_02 14:00

You don't hear a lot of speculation about that at the General Assembly. It it seems like the inciting event for the 1983 rewrite, this fact that we just had all these local constitutional amendments bogging down the entire state constitution. And since that has been modified and replaced, it seems like this idea that we need to overhaul the state constitution completely, you you I can't say I've heard anyone say we that's a path that we need to consider in the upcoming years.

SPEAKER_00 14:31

Aaron Powell Let me let me throw one more at you. We talked a little bit about uh uh sports betting and that, and knowing that right here in Henry County we have Echo Park Speedway. It's my understanding what we're looking at would be a constitutional amendment to allow for sports, gaming, casinos, whatever that may look like, but that is that process where it's gotta be approved by um what, two-thirds of the legislature, and then it then it has to go to the the voters. That's correct. And that's and that's just an amendment. So that's not a rewrite. That's just we're gonna add this little paragraph, you know, this little page or two here into the 4,000 that we have. Is that correct?

SPEAKER_02 15:09

Aaron Powell That's exactly right. So, you know, the the Georgia Constitution, for example, has the basic outline, such as, you know, these are the powers of the General Assembly, these are the powers of the governor, these are the powers that of the judiciary. So we do have that. It's just that in essence, all these other economic decisions that impact our daily lives and ultimately lead to the kitchen table for so many Georgians are also part of our constitution as well.

SPEAKER_03 15:36

So uh Chris, you know, definitely been walking us through the uh Georgia Constitution here. Um give us some takeaways on specific rules that may have direct impact on our wallets, our families, or anything else you wish to share.

SPEAKER_02 15:51

So Georgia's Constitution also has a Bill of Rights in it as well. And some of these are impact our daily lives, and some are historical relics. And perhaps the most notable example of this uh is in Article I, and it's the right to life, liberty, and property. And that has a very particular phrase, which is the right to enjoy the gains of uh one's own labor. And this language has no federal parallel. So what has happened over that over the years is that while the U.S. Constitution has this due process clause against deprivation of property, Georgia's Constitution has a much more affirmative framing in which, you know, the fruits of one's own labor are protected. So that has real implications for legal and political debates around things like occupational licensing or business regulation or taxation. Uh, but beyond that, there are also several other Georgia-specific protections as well. So our constitution to this day, even after the 1983 rewrite, still prohibits uh whipping as a form of criminal punishment. And that language was actually retained, purposely retained in 1983, specifically out of fear that the legislature might allow that for use in schools or prisons. Um and we also go into Georgia's history as a debtor's colony, uh, we explicitly prohibit imprisonment for debt. And so um we also have much stronger protection against unreasonable searches and seizures here in Georgia than in the Fourth Amendment. And then lastly, I think what's what's really um kind of important as well is that Georgia became the first state to recognize a right to privacy uh in 1904 before the federal courts actually began developing that doctrine. So we actually have you know been been at the forefront really with some of our constitutional uh movements, uh even counter to the fact that we had to rewrite it 10 times.

SPEAKER_00 17:54

We got there. We got there. Chris, I want to thank you so much. I appreciate your time. Uh it's now time for our call to action. And speaking of the Bill of Rights and Article I, uh, Judge, you want to give us the assignment today?

SPEAKER_03 18:05

Yes, sir, and Mr. Chris Denson, thank you. Again, today's assignment is this week, you should just find one right in the Georgia Bill of Rights that is not a part of the United States Bill of Rights. A quick search for Georgia Constitution, Article I will get you there, and that's the call to action.

SPEAKER_00 18:26

And the highlight this week is that uh as as Chris had said, look for paragraph two, the right to life, liberty, and property. You'll see language about the enjoyment of the fruits of their own labor. How might this uniquely Georgian right apply to modern debates about business regulation or taxes?

SPEAKER_03 18:40

Mr. Chris Denson, thank you once again, and thank you for all that you do. Next week, we're heading under the Gold Dome. Thank you for listening.

SPEAKER_00 18:50

Thank you for listening to the Citizens Playbook. We want to take a quick moment to extend a special thank you to Georgia Power for their generous support of this entire series. Georgia Power's commitment to our communities goes far beyond delivering reliable energy. They are actively investing in an informed, engaged, and empowered Georgia. Their partnership is what helps us bring these critical civic conversations right to your headphones. We are incredibly grateful for their support. The Citizens Playbook is hosted by Joseph Henning and State Judge Stephen Knights Jr., produced by Trinity Archer. This has been a Henry Chamber Media Production, Copyright 2026.