Power of making laws vested in legislature.

- This paragraph and Ga. Const. 1976, Art. I, Sec. II, Para. IV (see Ga. Const. 1983, Art. I, Sec. II, Para. III) vest the power of making laws in the legislature, which cannot be divested by contract. Harrick v. Rouse, 17 Ga. 56 (1855); Daly v. Harris, 33 Ga. 38 (1864); Orr v. James, 159 Ga. 237, 125 S.E. 468 (1924) (see Ga. Const. 1983, Art. III, Sec. VI, Para. I).

Cannot enact measures prohibited by state or federal Constitution.

- Legislature is absolutely unrestricted in its power to legislate, so long as it does not undertake to enact measures prohibited by the state or federal Constitution. Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975); Bryan v. Georgia Pub. Serv. Comm'n, 238 Ga. 572, 234 S.E.2d 784 (1977).

This paragraph is a limitation on power of General Assembly. Blackmon v. Golia, 231 Ga. 381, 202 S.E.2d 186 (1973) (see Ga. Const. 1983, Art. III, Sec. VI, Para. I).

Discretion of legislature as to determination of public interest.

- Large discretion is necessarily vested in the legislature to determine: (a) what the interests of the public require; and (b) what measures are necessary for the protection of such interests. Mack v. Westbrook, 148 Ga. 690, 98 S.E. 339 (1919).

Difference between state legislature and United States Congress in their power to make laws is that the former can do all things not prohibited by the Constitution, while the latter can exercise no power not delegated to it by the states in the United States Constitution. Plumb v. Christie, 103 Ga. 686, 30 S.E. 759 (1898).

Public welfare must be protected. Walker v. Whitehead, 43 Ga. 538 (1871), rev'd on other grounds, 83 U.S. 314, 21 L. Ed. 357 (1872).

Scope of the police power is to protect the public morals, the public health and safety, without a denial of equal protection of the laws. Georgia S. & Fla. Ry. v. Adkins, 156 Ga. 826, 120 S.E. 610 (1923).

Comprehended in this broad power to "make all laws" is power to change or modify existing laws.

- A law enacted by one General Assembly is subject to repeal or modification by the same or a subsequent General Assembly. State Bd. of Educ. v. County Bd. of Educ., 190 Ga. 588, 10 S.E.2d 369 (1940).

There is a strong presumption in favor of the constitutionality of a statute. Bryan v. Georgia Pub. Serv. Comm'n, 238 Ga. 572, 234 S.E.2d 784 (1977).

Federal government, in exercise of its exclusive prerogative to wage war, cannot be interfered with by state legislation. City of Atlanta v. Stokes, 175 Ga. 201, 165 S.E. 270 (1932).

Cited in Green v. Harper, 177 Ga. 680, 170 S.E. 872 (1933); Miller v. Head, 186 Ga. 694, 198 S.E. 680 (1938); Tripp v. Martin, 210 Ga. 284, 79 S.E.2d 521 (1954); Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S.E.2d 585 (1963); Jones v. Balkcom, 222 Ga. 201, 149 S.E.2d 97 (1966); Sams v. Olah, 225 Ga. 497, 169 S.E.2d 790 (1969); Carroway v. Stynchcombe, 225 Ga. 586, 170 S.E.2d 396 (1969); Ray v. Hand, 225 Ga. 589, 170 S.E.2d 692 (1969); Sears v. State, 232 Ga. 547, 208 S.E.2d 93 (1974); Harrell v. Courson, 234 Ga. 350, 216 S.E.2d 105 (1975); Atlanta Journal v. Hill, 257 Ga. 398, 359 S.E.2d 913 (1987); Arneson v. Board of Trustees, 257 Ga. 579, 361 S.E.2d 805 (1987); Crump Ins. Servs. v. All Risks, Ltd., 315 Ga. App. 490, 727 S.E.2d 131 (2012).

Delegation of legislative power to the voters.

- Legislature may submit to electorate question whether legislation framed and approved by General Assembly shall become operative. An Act is not unconstitutional and void for the reason that it delegates legislative power to the voters. Hines v. Etheridge, 173 Ga. 870, 162 S.E. 113 (1931).

Under police power right to contract is not unlimited, but is subject to regulation. City of Dawson v. Dawson Tel. Co., 137 Ga. 62, 72 S.E. 508 (1911); Railroad Comm'n v. Louisville & N.R.R., 140 Ga. 817, 80 S.E. 327 (1913); Union Dry Goods Co. v. Georgia Pub. Serv. Corp., 142 Ga. 841, 83 S.E. 946 (1914), aff'd, 248 U.S. 372, 39 S. Ct. 117, 63 L. Ed. 309 (1919); Union Dry Goods Co. v. Georgia Pub. Serv. Corp., 248 U.S. 372, 39 S. Ct. 117, 63 L. Ed. 309 (1919).

Power to regulate occupations.

- Under the police power, laws may be passed regulating common occupations which, from their nature, afford opportunity for fraud and imposition. Bazemore v. State, 121 Ga. 619, 49 S.E. 701 (1905).

Act regulating business of photography unconstitutional.

- The Act approved March 25, 1937, Ga. L. 1937, p. 280 (former Code 1933, Ch. 84-23) establishing a state board of photographic examiners, and providing, among other things, that except as to stated classes, persons desiring to engage in the business of photography or photofinishing must stand an examination and thereby qualify as to competency, ability, and integrity, and denouncing as a crime a violation of any of the terms of the Act, is unconstitutional and void as an exercise of the police power, in that the prescribed regulations are imposed upon a lawful business, and considered as a whole do not bear any reasonable or substantial relation to the public health, safety, or morality, or other phase of the general welfare. Bramley v. State, 187 Ga. 826, 2 S.E.2d 647 (1939).

State can fix the interest rate and regulate business of lending money. King v. State, 136 Ga. 709, 71 S.E. 1093 (1911).

Regulation of municipal corporations.

- A municipal corporation is a creature of legislation, and its modes of government and the officers conducting the same may be changed by the legislature. Churchill v. Walker, 68 Ga. 681 (1882).

Power to set standards for municipal incorporation.

- It is in the power of the legislature to decide when a given locality has a sufficient number of inhabitants to entitle it to be incorporated as a city. Mattox v. State, 115 Ga. 212, 41 S.E. 709 (1902).

Selection of state judge cannot be left to municipal corporation.

- The creation of state courts is a sovereign state function, and they can be created only by the General Assembly; the creation of such courts involves the appointment or the selection of the judges and of the necessary court officers, and this phase of the creation of the court is likewise a function of the state and cannot be delegated by the General Assembly to a lesser governmental unit of the state, and certainly not to municipal corporations. City of Atlanta v. Landers, 212 Ga. 111, 90 S.E.2d 583 (1955).

Court created subordinate to municipal authorities not to try state offenses.

- The legislature has no power to establish a municipal court, or police court, and make it subordinate to the will of the municipal authorities, and at the same time to confer upon it jurisdiction to try offenses against the state when committed within the limits of the municipal corporation. City of Atlanta v. Landers, 212 Ga. 111, 90 S.E.2d 583 (1955).

Act granting municipality power over streets valid.

- An Act conferring on a municipal corporation the power to grade, pave, and improve its streets and sidewalks, and to assess the real estate abutting on each side of the street is valid. Hayden v. City of Atlanta, 70 Ga. 817 (1883).

Regulation of municipal corporations.

- Just as the General Assembly is limited by Ga. Const. 1983, Art. III, Sec. VI, Para. I in its conduct relative to municipal corporations, so is a state agency limited in its conduct relative to municipal corporations by laws passed by the General Assembly pursuant to Ga. Const. 1983, Art. III, Sec. VI, Para. I. DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

For distinction between valid and invalid ordinance, see Badkins v. Robinson, 53 Ga. 613 (1875).

Zoning ordinance prohibiting the holding of stores in residential districts not valid. Smith v. City of Atlanta, 161 Ga. 769, 132 S.E. 66, cert. denied, 271 U.S. 672, 46 S. Ct. 486, 70 L. Ed. 1144 (1926).

Former "Steinberg Act" (former O.C.G.A. § 36-67-1 et seq.), providing for zoning proposal review procedures in urbanized counties, did not unconstitutionally bind the local government in any way nor infringe on the local government's ability to "exercise the power of zoning." Northridge Community Ass'n v. Fulton County, 257 Ga. 722, 363 S.E.2d 251 (1988).

Regulation of soliciting.

- Soliciting for hotels, bathhouses, physicians, or similar enterprises may be prohibited in the exercise of the police power. Jackson v. Beavers, 156 Ga. 71, 118 S.E. 751 (1923).

Sale of spirituous liquors may be regulated under the police power. Plumb v. Christie, 103 Ga. 686, 30 S.E. 759 (1898).

Delegation of power to make appointments unconstitutional.

- The General Assembly may, within constitutional limitations, establish qualifications for public office and designate a governmental appointing authority; but it cannot delegate the appointive power to a private organization; thus, where the Medical Association of Georgia, a private organization, controlled the appointment of the members of the State Board of Medical Examiners under former Code 1933, §§ 84-903 and 84-1201 (see now O.C.G.A. § 43-34-22) which provided that the Governor must appoint from its nominees, the Act violated this paragraph. Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979)(decided prior to 1997 amendment; see Ga. Const. 1983, Art. III, Sec. VI, Para. I).

Under this paragraph, legislature may prescribe a rule for the measure of damages. Clay v. Cent. R.R. & Banking Co., 84 Ga. 345, 10 S.E. 967 (1890) (see Ga. Const. 1983, Art. III, Sec. VI, Para. I).

General Assembly possesses inherent power to regulate public utilities, independent of Ga. Const. 1976, Art. III, Sec. VIII, Para. IX (see Ga. Const. 1983, Art. III, Sec. VI, Para. V). Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975).

Grant of power to Board of Regents of the University System of Georgia constitutional.

- Former Code 1933, § 32-121 (see now O.C.G.A. § 20-3-31), declaring that the Board of Regents of the University System of Georgia shall have power to exercise any power usually granted to such corporation, necessary to its usefulness, which is not in conflict with the Constitution and laws of this state, is not inconsistent with this paragraph. Villyard v. Regents of Univ. Sys., 204 Ga. 517, 50 S.E.2d 313 (1948) (see Ga. Const. 1983, Art. III, Sec. VI, Para. I).

Adoption.

- Trial court abused the court's discretion by denying a foster parent's petition to adopt the foster child on the ground that placing the child with the foster parent violated the state's public policy because all of the evidence showed that the adoption would be in the child's best interest, and the trial court failed to apply the law as written and determine whether it was in the child's best interest to allow the adoption; as long as the adoption laws are constitutional, neither the superior court nor the court of appeals has the authority to amend the law to establish what the court deems are better qualifications for those seeking to adopt. In re Goudeau, 305 Ga. App. 718, 700 S.E.2d 688 (2010).

Creation of autonomous agricultural services within power of General Assembly.

- The General Assembly does not have the authority to abolish the office of the Commissioner of Agriculture, but it has the authority to curtail the activities of the Commissioner of Agriculture by creating autonomous agricultural services. 1958-59 Op. Att'y Gen. p. 4.

Option to terminate does not make invalid contract valid.

- Fact that contract which violates Constitution contains option to terminate does not make it comply with Constitution, and is beyond authority of a state agency. 1974 Op. Att'y Gen. No. 74-115, supplemented in Position Paper, 8-8-78, 1978 Op. Att'y Gen. p. 267.

Legally and historically, conferring of "official" status has been and is within exclusive province of General Assembly. 1969 Op. Att'y Gen. No. 69-329.

Only General Assembly can create or designate an "official" state theater. 1969 Op. Att'y Gen. No. 69-329.

When funds may be expended on official state theater.

- The mere designation of an official state theater by the General Assembly would not, in itself, authorize the expenditure of state funds in its operation if the theater's ownership remained private; any contribution of funds under these circumstances would constitute a donation or gratuity in violation of Ga. Const. 1976, Art. III, Sec. VIII, Para. XII(1) (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI). Conversely, should a theater be acquired and operated by the state or function in connection with a state department or agency, state funds may then be used in its operation. 1969 Op. Att'y Gen. No. 69-329.

General law may not be conditioned on referendum.

- Although the General Assembly has the broad authority to condition the effectiveness of a law upon a subsequent event, it may not delegate its ultimate responsibility to make decisions on fundamental legislative issues. Therefore, the General Assembly may not enact a general law which by its terms conditions its effectiveness upon approval by the voters at a statewide referendum. 1993 Op. Att'y Gen. No. 93-5.

Georgia Public Defenders Standards Council.

- The General Assembly was authorized to move the Georgia Public Defenders Standards Council from the judicial branch of government to the executive branch. 2009 Op. Att'y Gen. No. 2009-2.

Am. Jur. 2d.

- 16A Am. Jur. 2d, Constitutional Law, § 237 et seq.

72 Am. Jur. 2d, States, Territories, and Dependencies, § 38 et seq.

ALR.

- Power of Legislature to set aside or impair judgment, 3 A.L.R. 450.

Power of Legislature to investigate conduct of private person, corporation, or institution, 9 A.L.R. 1341.

Power of state to change private contract rates for public utilities, 9 A.L.R. 1423.

Constitutionality of "civil rights" legislation by state, 49 A.L.R. 505.

Power of legislative body or committee to compel attendance of nonmember as witness, 65 A.L.R. 1518; 135 A.L.R. 1096.

Governmental powers in peace-time emergency, 86 A.L.R. 1539; 88 A.L.R. 1519; 96 A.L.R. 312; 96 A.L.R. 826.

Constitutionality of legislative delegation of powers to prescribe or vary regulations concerning motor vehicles used on highways, 87 A.L.R. 546.

Power of Legislature to change title of constitutional office, 110 A.L.R. 1215.

Power to detach land from municipal corporations, towns, or villages, 117 A.L.R. 267.

Adoption by or under authority of state statute without specific enactment or reenactment of prospective federal legislation or federal administrative rules as unconstitutional delegation of legislative power, 133 A.L.R. 401.

Power of Legislature respecting admission to bar, 144 A.L.R. 150.

Constitutionality, construction, and application of statutes abolishing civil actions for alienation of affections, criminal conversation, seduction, and breach of promise to marry, 158 A.L.R. 617; 167 A.L.R. 235.

Validity of state statutory provisions for arbitration of labor disputes, as against the objection of delegation of legislative power without setting up adequate standards to guide the administrative agency, 9 A.L.R.2d 871.

Validity of state statute or regulation fixing minimum prices at which alcoholic beverages may be sold at retail, 96 A.L.R.3d 639.