Commissioners Shoot for the Moon, Citizens Land Among the Stars: The Supreme Court of Georgia Affirms Citizen Referendum Power in Camden County v. Sweatt

Authors

J. Bailey Hotard

Publication Date

12-2023

Document Type

Casenote

Abstract

Georgia citizens possess few direct democratic mechanisms to check the power of their local governments. One available tool is the referendum power proscribed by the Home Rule Provision of the Constitution of the State of Georgia. Under this provision, county and municipal citizens may petition their local governing authorities for referendum when a legislative decision is largely unpopular. Relying on originalism and textualism, the Supreme Court of Georgia interpreted the Home Rule Provision broadly in Camden County v. Sweatt, a decision than ran counter to a twenty-five-year precedent. This court’s recent interpretation of the Home Rule Provision allows citizens to directly counteract county commissioners’ resolutions in addition to local ordinances and municipal charters.

Recommended Citation

Hotard, J. Bailey (2023) "Commissioners Shoot for the Moon, Citizens Land Among the Stars: The Supreme Court of Georgia Affirms Citizen Referendum Power in Camden County v. Sweatt," Mercer Law Review: Vol. 75: No. 1, Article 22.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol75/iss1/22