Georgia Constitution Art. I Bill of Rights
Georgia Constitution – Article I: Bill of Rights
📘 Overview:
Article I of the Georgia Constitution is the Bill of Rights, which outlines the fundamental rights and freedoms of individuals within the state. Similar to the U.S. Bill of Rights, it guarantees civil liberties like freedom of speech, due process, equal protection, and religious freedom, but also includes state-specific protections and principles.
Article I is divided into four sections, with a total of 40 paragraphs.
🧾 Structure and Key Highlights:
Section I – Rights of Persons
This section includes 28 paragraphs and outlines the core civil liberties of individuals.
Some key paragraphs include:
Paragraph I – Life, liberty, and property
Protects individuals from deprivation of life, liberty, or property without due process.
Paragraph II – Protection to person and property; equal protection
Guarantees equal protection under the law.
Paragraph III – Freedom of conscience
Ensures freedom of religion and prohibits state interference in religious beliefs.
Paragraph V – Freedom of speech and press guaranteed
Protects free speech and the press.
Paragraph IX – Right to trial by jury
Preserves the right to a jury trial in both criminal and civil cases.
Paragraph XIII – Searches and seizures
Prohibits unreasonable searches and seizures; warrants must be based on probable cause.
Paragraph XIV – Benefit of counsel; accusation; list of witnesses
Guarantees legal counsel and fair notice in criminal prosecutions.
Paragraph XXVII – Eminent domain
Requires just compensation when private property is taken for public use.
Section II – Origin and Structure of Government
This section contains 6 paragraphs that establish democratic principles.
Paragraph I – Origin and foundation of government
Declares that all government power is derived from the people.
Paragraph II – Object of government
States that the primary purpose of government is the protection and benefit of the people.
Section III – General Provisions
Includes 2 paragraphs with important ethical standards.
Paragraph I – Public officers are trustees and servants of the people
Officials must act in the public interest.
Paragraph II – Protection of the people in legislative process
Prohibits special laws when general laws can be applied.
Section IV – Marriage
Paragraph I – Recognition of marriage (amended by federal rulings)
Originally defined marriage as between a man and woman, but federal law (Obergefell v. Hodges) has rendered this unenforceable.
⚖️ Why It Matters:
Provides stronger protections in some areas than the U.S. Constitution (e.g., property rights, counsel access).
Frequently cited in Georgia court decisions on civil liberties and due process.
Establishes ethical and democratic governance principles unique to Georgia.
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