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Call Now: 904-383-7448The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
(Ga. Const. 1983, Art. 1, § 1, Para. 28; Ga. Const. 1983, Art. 1, § 1, Para. 29 as redesignated by Ga. L. 2005, p. 1533, § 1/SR 67.)
- Art. I, Sec. I, Para. XXV.
- Rights retained by people, U.S. Const., amend. 9.
- The constitutional amendment (Ga. L. 2005, p. 1533, § 1) which redesignated former Paragraph XXVIII as Paragraph XXIX and added present Paragraph XXVIII was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.
- For article, "The Georgia Bill of Rights: Dead or Alive?," see 34 Emory L.J. 341 (1985). For article, "Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War," see 68 Mercer L. Rev. 389 (2017). For comment, "Pay What You Like - No, Really: Why Copyright Law Should Make Digital Music Free for Noncommercial Uses," see 58 Emory L.J. 1495 (2009).
- The people did not have an inherent right to make, sell, barter, give away, keep, and furnish intoxicating liquors. Whitley v. State, 134 Ga. 758, 68 S.E. 716 (1910); Saddler v. State, 148 Ga. 462, 97 S.E. 79 (1918).
- Order granting a grandparent visitation rights to the child of the grandparent's deceased son under O.C.G.A. § 19-7-3(d) was reversed because the statute was unconstitutional under the Georgia Constitution as violating the right of parents to the care, custody, and control of their children since the statute did not require clear and convincing evidence of imminent harm to the child. Patten v. Ardis, 304 Ga. 140, 816 S.E.2d 633 (2018).
Cited in Jackson v. Beavers, 156 Ga. 71, 118 S.E. 751 (1923); Green v. City of Atlanta, 162 Ga. 641, 135 S.E. 84 (1926); Gernatt v. Huiet, 192 Ga. 729, 16 S.E.2d 587 (1941); Murphy v. West, 205 Ga. 116, 52 S.E.2d 600 (1949).
- Renewal of copyright where author is dead, 19 A.L.R. 295.
Right of privacy, 138 A.L.R. 22; 57 A.L.R.3d 16.
Waiver or loss of right of privacy, 57 A.L.R.3d 16.
Constitutionality of state legislation imposing criminal penalties for personal possession or use of marijuana, 96 A.L.R.3d 225.