Newspaper Page Text
University Law Professor
Opposes New Constitution
By Albert B. Saye
Richard B. Russell,
Professor University
of Georgia
The present Constitution of
the State of Georgia was 81
pages long when approved by
the voters of Georgia in 1945.
Today it consists of 147 pages
of fine print, as published by
Ben W. Fortson, Jr., Secre
tary of State Capitol, Atlanta
30334—the source of interest
ed citizens to obtain a copy.
On November 2 electors in
Georgia will be asked to vote
“yes” or “no” on a proposed
“new” constitution, written
anonymously and passed by
the General Assembly with
no public hearing and with
very little debate. The
proposed new constitution
would shift about the
paragraphs of the present
constitution and substantial
ly increase its length (252
pages. Ga. Laws, 1976, pp.
1198-1349) by adding new
statutory details on such
subjects as the salary of the
President Pro Tempore of
the Senate and the composi
tion of the Superior Court of
Fulton County.
The copy of the present
Constitution as published by
the Secretary of State for
free distribution (and by both
the University of Georgia
Press and by the Harrison
Company with notes and
annotations for sale) does not
contain the 685 local amend
ments that are officially a
part of the present Constitu
tion. The proposed “new”
constitution does nothing
about these local amend
ments, other than to continue
them in full force and effect
as a part of the Constitution
of 1976, distributed free of
charge by Clerk, House of
Representatives, State Cap
itol, Atlanta 30334).
These local amendments
would be about 4,500 pages if
compiled in one document,
which has never been done. A
“Table of Amendments to the
Constitution,” published in
1973 by the University’s
Institute of Government, is 66
pages long.
“A single picture is worth a
thousand words”, and an
analogy is often helpful to
understanding.
I refer to both (a) the
hundreds of “local amend
ments” and (b) the hundred
pages of statutory details
that have been placed in our
State Constitution as parts of
THESHERIFF'S JOB
Now the Sheriff's job is a curious one;
Like the housewife's work, it's never done.
Calls come by night and come by day.
They may be near, or miles away.
Do hurry up, says the voice of the caller;
You're badly needed in Possum Holler.
Paw's on a rampage-he's got a gun;
Been looking for Maw since half-past one.
So we jump in our flivver and hit the trail;
And we drove like a streamliner carrying
the mail.
Our only hope and all we can figure.
Is to be on hand before Paw pulls the trigger.
We finally arrive and amid confusion-
We learn the affair was a simple delusion.
Paw with his gun was just hunting squirrels.
Maw had gone to school with the two oldest
girls.
Now, that's just a sample of what we do;
An endless variety of the old and the new.
It may be a prowler, a burglar, or a drunk;
He may steal your billfold; your watch or your
trunk.
We set out to catch him, and we do our best;
We catch our percentage and lose the rest.
We can't catch them all, for some leave no clue—
They don't leave their cards, like the candi
dates do.
Sometimes they plead guilty, and the Judge will
scold;
Then half the county will want them paroled.
They blame the depression, the new deal, the tariff -
But most of the folks put the blame on the
Sheriff.
So, it's quite a game, if you stay right in—
You'll get a pat on the back, and a sock on
the chin.
But, I'd like it, and I'm shedding no tears—
And I'd like to be your Sheriff for the next
fouryearsl
RE-ELECT
Barney Wilder
SHERIFF, BUTTS COUNTY
Paid For By Friends and Supporters
“general amendments” as
pollution. From the point of
view of constitutional law
they are pollution. They
serve only to cloud the
subject with muddy details,
making it difficult for anyone
to locate and to see clearly
the meaningful constitutional
provisions. Our immediate
need is editorial revision,
designed to eliminate these
statutory details, not to add
additional pollution as the
Office of Legislative Counsel
has done in the proposed
Constitution of 1976. Inform
ed citizens will vote “no” in
the November 2 election on
the guestion, “Shall the
proposed new Constitution be
ratified as the Constitution of
the State of Georgia?”
Voting “no” in November
will be a step in the right
direction. But we must follow
this up with positive action
(pollution) already in our
Constitution, and (b) to cut
off the source of this stream
of pollution. The source
(gushing spring) is today and
has been for decades the
Office of Legislative Counsel.
How can this stream of
pollution be diverted, dam
med up, or blown up?
My suggested solution is
simple. I quote from the
February 1967, Bar Journal:
“Presenting the problem is
not enough. We need sugges
tions of means to overcome
the problem. I offer two
suggestions here, and hope
that other members of the
Georgia Bar will come forth
with other suggestions.
“1. Adopt a provision,
similar to that in the
Constitution of New York,
making it a responsibility of
the Attorney General, within
20 days after a proposed
constitutional amendment is
introduced, to render an
opinion on how the amend
ment could be achieved by
statute.
“2. Appoint a Joint
Committee on Constitutional
Amendments of the House
and Senate to make an
objective study of the
provisions of the Constitution
that have been the subject of
numerous local amendments
and propose general amend
ments where experience has
demonstrated that they are
needed.
“There are two ways of
looking at the flood of
amendments to the Georgia
Constitution. Some would
THE JACKSON PROGRESS-ARGUS, JACKSON, GEORGIA
view Georgia as the laugh
ing-stock of the nation
because of the flood of
amendments. Others, and I
am among them, applaud the
vitality of the Georgia people
in seeking a way out when
hemmed in by constitutional
restrictions that have out
lived their usefulness and
retard economic and social
progress. Our weakness has
been the lack of leadership
at the State level in updating
the State Constitution.
“We need leadership in this
area at this moment. Many
feel that the General Assem
bly should either call a
constitutional convention or
provide for another appoint
ed commission such as we
had in 1943 and in 1963. It
might be, however, that a
Joint Committee of the House
and Senate on Constitutional
Amendments could serve
much the same purpose.
Such a committee should at
OF
RAY
TUCKER
CONGENIAL - Pleasant,
Agreeable, Sociable
DEDICATED-Committed To,
Self-Sacrificing,
Devoted, Dependable,
Reliable, Trustworthy.
DIGNIFIED - Distinctive,
Honorable, Worthy
RESPECTED - Decent, Proper, Presentable.
CHARACTER - Spirit, Symbol, Reputation, Noteable.
DETERMINED - Decided, Firm, Resolved, Unwavering, Stable.
LET'S RE-ELECT RAY TUCKER OUR
STATE REPRESENTATIVE
least ■be able to propose
technical changes that would
put an end to the hundreds of
local amendments, which is
our most immediate need. In
the age of change in which we
live, however, constitutional
revision is a continuous
problem. In recognition of
this fact I recommend (1)
that the State Bar of Georgia
create a Committee on
Constitutional Law as one of
its standing committees, and
(2) that courses on State
constitutional law be made a
part of the curriculum of the
law schools in our State.”
The Bible has much to
say on how to have a happy
marriage. For a booklet
called, “Must You Stay Mar
ried?” send 25 cents to
Room 220, International
Lutheran Laymen’s League,
2185 Hampton Ave., St. Louis.
Missouri 631 39.
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THURSDAY, AUGUST 5, 1976
ELECT
J. Dawson Bryant
PROBATE JUDGE
Efficient, Courteous Service Will Be
Given To Each Person Needing The
Services of That Office.
HE IS YOUR FRIEND
HOME
AND
AUTO^
INSURANCE
FOR NON-DRINKERS ONLY
More for your money if
you don't drink.
(fhclekted OliAk/Mutual
U INSURANCE COMPANY
See yourv
nearest agent
at
REASOR
INSURANCE
AGENCY
231 Macon St.
McDonough, Ga.
30253
(404)957-1521
or 775-3396
