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Ga. Const. art. V, § II | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

SECTION II. DUTIES AND POWERS OF GOVERNOR

Law reviews.

- For article, "The Status of Administrative Agencies under the Georgia Constitution," see 40 Ga. L. Rev. 1109 (2006).

JUDICIAL DECISIONS

Powers of Governor and Attorney General in litigation.

- Construed together, Ga. Const. 1983, Art. V and O.C.G.A. §§ 45-15-3,45-15-6,45-15-35, and45-12-26, do not vest either the Georgia Governor or the Attorney General with the exclusive power to control legal proceedings involving the State of Georgia; instead, the Governor and Attorney General have concurrent powers over litigation in which the state is a party. Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).

Powers of governor.

- Because, pursuant to Ga. Const. Art. 5, § 2, part of defendant Governor's job was to ensure the enforcement of Georgia's statutes, he was properly named as a party in an action challenging the constitutionality of Georgia's Carry Law, O.C.G.A. § 16-11-127, filed by plaintiff gun owners. GeorgiaCarry.Org, Inc v. Georgia, 687 F.3d 1244 (11th Cir. 2012).

Authority of Attorney General.

- The Attorney General has the authority under state law to appeal a court decision invalidating a state redistricting statute despite the Governor's order to dismiss the appeal. Because there is constitutional authority for the General Assembly to vest the Attorney General with specific duties and a state statute vested the Attorney General with the authority to litigate in the voting rights action, the Attorney General had the power to seek a final determination on the validity of the State Senate redistricting statute under the federal Voting Rights Act (now 52 U.S.C. § 10301). Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).