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Call Now: 904-383-7448No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by the concurrence of two-thirds of the members to which each house of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.
- Art. XII, Sec. I, Para. II.
- For article, "History of the Veto Power in Georgia," see 8 Ga. St. B.J. 513 (1972). For article, "The Office of Legislative Counsel," see 23 Ga. St. B.J. 114 (1987).
- This paragraph purports to do nothing more than place limitations upon the legislative branch of government as to the manner in which a convention can be called by this branch of the government. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946) (see Ga. Const. 1983, Art. X, Sec. I, Para. IV).
- To say that the sovereign people can adopt a new Constitution by convention method only would by implication be writing into the Constitution a limitation on the sovereign power of the people, which would be an unauthorized exercise of sovereign power by the Supreme Court. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946).
Legislature is proper body to call a constitutional convention and to prescribe time and place it is to be held as well as the manner in which the delegates shall be elected by the people. 1967 Op. Att'y Gen. No. 67-269.
- With respect to ratification of the Constitution proposed by the convention, a vote of the people approving revision is essential. 1967 Op. Att'y Gen. No. 67-269.
Election of delegates to a constitutional convention by the people rather than any other body is a prerequisite to a legal or constitutional as opposed to irregular, extra-legal, or revolutionary convention. 1967 Op. Att'y Gen. No. 67-269.
Product of an illegally called or conducted convention may ultimately become valid as fundamental law through adoption by the electoral body, according to forms of existing laws or even by acquiescence of the sovereign society. 1967 Op. Att'y Gen. No. 67-269.
- While many practical obstacles exist where a Constitution is drafted by an irregular, extra-legal or revolutionary convention, in the event an irregularly drafted Constitution did manage to see itself placed on the ballot and ratified by the people, it would be valid whether or not the procedures set forth in the prior Constitution were followed; the ultimate test is whether the proposed Constitution is approved by the people as sovereign. 1967 Op. Att'y Gen. No. 67-269.
- 16 Am. Jur. 2d, Constitutional Law, § 95 et seq.
- 16 C.J.S., Constitutional Law, § 43 et seq.
- Applicability of constitutional requirements as to legislation or constitutional amendments, to statutes or constitutional amendments under provision conferring initiative or referendum powers, 62 A.L.R. 1349.
Capacity of taxpayers to maintain suit to enjoin submission of initiative, referendum, or recall measure to voters, 6 A.L.R.2d 557.
Injunctive relief against submission of constitutional amendment, statute, municipal charter, or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519.
Power of legislative body to amend, repeal, or abrogate initiative or referendum measure, or to enact measure defeated on referendum, 33 A.L.R.2d 1118.