Georgia Constitution Practice Exam

What must the judiciary of the State of Georgia do if legislative acts violate either the Georgia Constitution or the U.S. Constitution?

1. Declare them unconstitutional and void

2. Ignore them unless a complaint is made

3. Review them but take no action

4. Modify them to comply with constitutional standards

The correct answer is: Declare them unconstitutional and void

In the State of Georgia, the judiciary has the responsibility to ensure that all laws and legislative acts comply with both the Georgia Constitution and the U.S. Constitution. When the judiciary determines that a specific legislative act violates either constitution, the correct action is to declare that act unconstitutional and void. This principle is rooted in the system of checks and balances, which serves to prevent any branch of government from exceeding its power. The role of the judiciary in this context is to interpret the law and protect constitutional rights, serving as a guardian against legislative overreach. By declaring a law unconstitutional, the judiciary not only negates that law’s effect going forward but also reinforces the authority of constitutional provisions, safeguarding individual rights and the principles of justice. The other options do not appropriately reflect the judiciary’s role; ignoring unconstitutional laws fails to uphold the rule of law, passive review without action undermines the authority of the judiciary, and modification of laws is not within the judiciary’s mandate, as that function belongs to the legislative body. Therefore, the judiciary’s duty is clear: to declare such acts unconstitutional and void to maintain the integrity of the legal system.