Georgia and United States Constitutions and Structure of Government
This domain tests how power is divided among the federal government, the State of Georgia, and Georgia's counties and cities, and how both constitutions limit what a local officer may do.
Federal framework
- The Supremacy Clause (U.S. Const. art. VI) makes federal law controlling over conflicting state or local law.
- The Tenth Amendment reserves undelegated powers to the states. Local governments have no independent federal constitutional status; they are creatures of state law.
- The Fourteenth Amendment (due process and equal protection) applies directly to counties and cities and is the usual route for claims against local government.
The Georgia Constitution of 1983
Georgia's current constitution took effect in 1983. Learn the article map: I (Bill of Rights), III (legislative), V (executive), VI (judicial), VII (taxation and finance), VIII (education), IX (counties and municipal corporations), X (amendments).
- Georgia has a plural executive: governor, lieutenant governor, secretary of state, attorney general, and elected commissioners of agriculture, insurance, and labor.
- Article IX, Section II, Paragraph I is the home rule provision: counties and cities may adopt and amend their form of government and exercise powers not inconsistent with the Constitution or general law.
- Article III, Section VI, Paragraph IV limits local legislation: the General Assembly may not pass a special law on a matter covered by general law, and local bills must be advertised.
- Amendments require a two-thirds vote of each house and ratification by a majority of voters (Art. X).
Cities, counties, and Dillon's Rule
Cities exist by charter granted by the General Assembly; counties are constitutional subdivisions. Georgia courts still apply Dillon's Rule, under which a city has only powers expressly granted, necessarily implied, or essential to its declared purpose, although home rule softens the doctrine.
Worked example
A city council proposes an ordinance banning single-use plastic bags, but a state general law already sets statewide solid-waste standards. Reasoning: home rule authorizes local ordinances on matters of local concern, but a general law of statewide application preempts a conflicting local ordinance, and a city cannot displace the legislature. The ordinance is likely preempted unless the state law expressly allows local regulation.
Traps that cost marks
Assuming counties lack home rule; confusing local legislation with home rule; thinking the General Assembly alone can amend the Georgia Constitution; confusing Article IX (local government) with Article VII (taxation).