Constitutional Amendment 2 - Waives state and local sovereign immunity for violation of state laws, state and federal constitutions.

Summary

Sovereign immunity is a legal concept that prevents federal and state governments from being sued without their consent. HR1023 would amend the Georgia Constitution to waive sovereign immunity in Georgia, thereby allowing citizens to appeal to the superior courts for relief from governmental acts done outside the scope of lawful authority.

A "YES" vote on HR 1023 is a vote to support an amendment to the Georgia Constitution that would waive sovereign immunity and allow the people of Georgia to petition the superior court for relief from governmental acts which violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States.

A "NO" vote on HR1023 is a vote to uphold sovereign immunity, thereby preventing citizens from seeking relief from government acts which violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States.

Arguments

"It was only five years ago that you could bring suit against a local government or the state government to enjoin an unconstitutional action. The Supreme Court has rendered decisions that have changed that. And thus, it is for our responsibility as legislators to put before the people a check on that judicial decision.", in support of Constitutional Amendment 2 (Learn more)

"Denying the state the defense of sovereign immunity would allow “unprecedented judicial intervention into daily management decisions entrusted to the executive branch of government,” as Deal put it in a 2016 veto message.", in opposition to Constitutional Amendment 2 (Learn more)

"The people had no way to stop the government from doing something that may have been wrong.", in support of Constitutional Amendment 2 (Learn more)

Measure Details