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Published in 1948, this work provides a detailed account of the constitutional history of Georgia from the Charter of 1732 to the adoption of the Constitution of 1945 and includes an analysis of the 1948 Georgia Constitution. Albert B. Saye presents the major constitutional developments in chronological order. An index allows readers to compare different aspects of Georgia's eight constitutions, such as the composition of the General Assembly, the powers of the Governor, and the jurisdiction of the Courts. Based on extensive research of original sources, A Constitutional History of Georgia reveals the evolution of the Georgia constitution up to 1948 as a gradual expansion of political democracy.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
In The Georgia State Constitution, the authors offer a detailed description of the creation and development of Georgia's constitution. They explain how political and cultural events, from colonial times, through the Civil War, to the present, have affected Georgia's constitutional law. Accompanying the full text of the constitution is a rich commentary of the constitutional provisions. The authors trace their origins and interpretation by the courts and other governmental bodies. This volume also provides a bibliographical essay which features the most important sources of Georgia's constitutional history and constitutional law. It concludes with a table of cases cited in the history and the constitutional commentary, as well as a subject index. The second edition provides updates to the constitution including all constitutional amendments through the 2016 general election and additional case-law reflecting current thinking on critical legal issues in Georgia. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.
This Georgia Rising is a study of Georgia's political changes in the decade of the Second World War and in the postwar years of the 1940s. Georgia's political establishment underwent challenges in the 1940s in everything from Georgians defending the state's university system from attacks by Governor Eugene Talmadge to challenges by Georgia's larger cities and towns to the state's county unit system to the early postwar stirrings of the modern civil rights movement. An array of progressive forces--including Georgia's veterans of the Second World War, college and university students, newspaper editors and reporters in the state's larger circulating newspapers and smaller town newspapers--fought for change in some of the state's political institutions, culminating in the 1942 election of Governor Ellis Arnall and in 1945 the changes to the state constitution. This Georgia Rising is a detailed study of the gubernatorial races of the 1940s as they are interwoven with the larger political and social changes of wartime and then postwar Georgia. This book draws not only from Georgia's larger circulation newspapers but also focuses on its smaller circulation newspapers and especially its African-American newspapers, including The Atlanta Daily World and The Savannah Tribune. This Georgia Rising offers a detailed and rich narrative of a decade of far-reaching change in twentieth-century Georgia. --Publisher description.
In Colonial America, democracy was centered in provincial assemblies and based on the collection of neighbors whose freehold ownership made them permanent stakeholders in the community. The removal of the property qualification for voting in the United States occurred over three-quarters of a century and was among the more important events in the history of democratization, functioning to shift voting from a corporate privilege toward a human right. Moving beyond the standard histories of property standard histories of property qualification removal, Justin Moeller and Ronald F. King adopt the theories and methods of social science to discover underlying patterns and regularities, attempting a more systematic understanding of subject. While no historical event has a single cause, party consolidation and party competition provided a necessary mechanism, making background factors politically relevant. No change in franchise rules could occur without the explicit consent of incumbent politicians, always sensitive to the anticipated impact. Moeller and King argue that political parties acted strategically, accepting or rejecting removal of the property qualification as a means of advancing their electoral position. The authors identify four different variants of the strategic calculation variable, significantly helping to explain both the temporal differences across states and the pattern of contestation with each state individually.
Since it was first published in 1955, Georgia History in Outline has been the standard concise history of the state. The third edition includes a major revision of the chapter on the twentieth century, reflecting in part new information and interpretation on modern Georgia from A History of Georgia and in part the author's personal knowledge of events since the 1920s.
For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.
Traditionally, the secession of the states in the lower South has been viewed as an irrational response to Lincoln's election or as a rational response to the genuine threat a Republican president posed to the geographical expansion of slavery. Both views emphasize the fundamental importance of relations between the federal government and the southern states, but overlook the degree to which secession was a response to a crisis within the South.Johnson argues that secession was a double revolution -- for home rule and for those who ruled at home -- brought about by an internal crisis in southern society. He portrays secession as the culmination of the long-developing tension between slavery on one side and the institutional and ideological consequences of the American Revolution on the other. This tension was masked during the antebellum years by the conflicting social, political, sectional, and national loyalties of many southerners. Lincoln's election forced southerners to choose among their loyalties, and their choice revealed a South that was divided along lines coinciding roughly with an interest in slavery and the established order.Starting with a thorough analysis of election data and integrating quantitative with more traditional literary sources, Johnson goes beyond the act of secession itself to examine what the secessionists said and did after they left the Union. Although this book is a close study of secession in Georgia, it has implications for the rest of the lower South. The result is a new thesis that presents secession as the response to a more complex set of motivations than has been recognized.
Published in 1966, this documentary history examines the history of Georgia from the first appearance of Spanish explorers to the hardships of the Civil War and Reconstruction. Through the accounts of those who experienced the events firsthand, Spencer Bidwell King Jr. allows the reader to experience colonialism, Revolution, and statehood. Within these distinctive eras, King discusses society, education, religion, literature, and the economic and cultural pursuits of the people. He combines extensive quotes from primary sources with historical information to create a continuous narrative. By using the voices of Georgians, King reveals the state's unique character and individuality.