06 LC 33
1487S
The
Senate Rules Committee offered the following substitute to HB 941:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia
Annotated, relating to the Division of Archives and History, so as to make
legislative findings; to authorize the display of certain historical documents
as part of the foundation of American law and government; to provide for a
context for the historical documents; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating
to the Division of Archives and History, is amended by adding a new Code Section
45-13-51 to read as follows:
"45-13-51.
(a)
The General Assembly finds and determines:
(1)
The General Assembly has directed the Division of Archives and History of the
State of Georgia to encourage the study of historical documents;
(2)
There is a need to educate and inform the public about the history and
background of American law;
(3)
The public courthouses and judicial facilities of this state are an ideal forum
in which to display educational and informational material about the history and
background of American law; and
(4)
A basic knowledge of American constitutional history is important to the
formation of civic virtue in our society;
(b)
Each municipality and political subdivision of this state shall be authorized to
post the Foundations of American Law and Government display, as described in
subsection (c) of this Code section, in a visible, public location in the
judicial facilities of such municipality or political subdivision.
(c)
The Foundations of American Law and Government display shall
include:
(1)
The Mayflower Compact, 1620;
(2)
The Ten Commandments as extracted from Exodus Chapter 20;
(3)
The Declaration of Independence;
(4)
Magna Carta;
(5)
'The Star-Spangled Banner' by Francis Scott Key;
(6)
The national motto;
(7)
The Preamble to the Georgia Constitution;
(8)
The Bill of Rights of the United States Constitution; and
(9)
The description on the image of Lady Justice.
(d)
Public displays of the Foundations of American Law and Government shall contain
the documents set forth in paragraphs (1) through (9) of subsection (c) of this
Code section together with a context for acknowledging formative, historically
significant documents in
Americás
heritage as follows:
FOUNDATIONS
OF AMERICAN LAW AND GOVERNMENT DISPLAY
The
Foundations of American Law and Government display contains documents that
played a significant role in the foundation of our system of law and government.
The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3)
the Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled
Banner'; (6) the national motto of the United States of America; (7) the
Preamble to the Georgia Constitution; (8) the Bill of Rights of the United
States Constitution; and (9) a picture of Lady Justice.
The
Mayflower Compact
The
Mayflower Compact was penned by William Bradford on November 11, 1620, on the
Mayflower
before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was
the first written constitution in the New World. William Bradford described the
reasoning behind the Compact when he stated in the Compact, 'This day, before
we came to harbour, observing some not well affected to unity and concord, but
gave some appearance of faction, it was thought good there should be an
association and agreement, that we should combine together in one body, and to
submit to such government and governors as we should by common consent agree to
make and choose, and set our hands to this that follows, word for
word.'
The
Ten Commandments
The
Ten Commandments have profoundly influenced the formation of Western legal
thought and the formation of our country. That influence is clearly seen in the
Declaration of Independence, which declared that 'We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among these are Life, Liberty, and
the pursuit of Happiness.' The Ten Commandments provide the moral background of
the Declaration of Independence and the foundation of our legal
tradition.
The
Declaration of Independence
Perhaps
the single most important document in American history, the Declaration of
Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers
placed the Constitution. The
Declaratiońs
fundamental premise is that
onés
right to 'Life, Liberty and the pursuit of Happiness' is not a gift of
government. Government is not a giver of rights, but a protector of God-given
rights. Moreover, government is a creation of 'the governed' and derives all
its power from the consent of its people. As the Preamble to the United States
Constitution states, 'We the People' are the government.
Magna
Carta
In
1215, King John of England consented to the demands of his barons and agreed for
Magna Carta to be publicly read throughout the land. By this act he bound
himself and 'our heirs, in all things and all places for ever' to grant to the
people of his kingdom the rights pronounced in Magna Carta. By signing Magna
Carta, King John brought himself and
England́s
future rulers within the rule of law. The rule of law places a restraint on the
exercise of arbitrary government power, and it places all people and civil
government under law. The American patriots, therefore, waged war against
England to preserve liberties originating in thirteenth century England. A
distinction, however, is noted between Magna Carta and the American concept of
liberty. While Magna Carta is a guarantee from a king that he will follow the
law, the Constitution of the United States is the establishment of a government
consisting of, and created for, 'We the People.'
'The
Star-Spangled
Banner'
Guarding
the entrance to Baltimore harbor via the Patapsco River during the War of 1812,
Fort McHenry faced almost certain attack by British forces. Major George
Armistead, the
stronghold́s
commander, was ready to defend the fort, but he wanted a flag that would
identify his position, one whose size would be visible to the enemy from a
distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously
awaiting news of the
battlés
outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited
the
enemýs
fleet to secure the release of a Maryland doctor who had been abducted by the
British after they left Washington. The lawyer had been successful in his
mission, but he could not escort the doctor home until the attack ended. So he
waited on a flag-of-truce sloop anchored eight miles downstream from Fort
McHenry.
During
the night, there had been only occasional sounds of the
fort́s
guns returning fire. At dawn, the British bombardment tapered off. Had the fort
been captured? Placing a telescope to his eye, Key trained it on the
fort́s
flagpole. There he saw the large garrison flag catch the morning breeze. It
had been raised as a gesture of defiance, replacing the wet storm flag that had
flown through the night. Thrilled by the sight of the flag and the knowledge
that the fort had not fallen, Key took a letter from his pocket and began to
write some verses on the back of it. Later, after the British fleet had
withdrawn, Key checked into a Baltimore hotel and completed his poem on the
defense of Fort McHenry. He then sent it to a printer for duplication on
handbills, and within a few days the poem was put to the music of an old English
song. Both the new song and the flag became known as 'The Star-Spangled Banner'
and became a rallying cry for the American Patriots during the rest of the
war.
The
National Motto
The
motto was derived from the line 'And this be our motto, "In God is our trust"'
in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first
appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in
1955. In accordance with Public Law No. 851 passed at the Second Session of the
84th Congress of the United States, July 30, 1956, the national motto of the
United States became "In God We Trust."
The
Preamble to the Georgia Constitution
The
Preamble to the Georgia Constitution celebrates the ideas of free government,
justice, peace, happiness, and liberty. Government is a creation of 'the
governed' and derives all its power from the consent of its people. The people,
therefore, desiring a civilized society, created and ordained the Constitution
of the State of Georgia.
The
Bill of Rights of the United States Constitution
During
the debates on the adoption of the U.S. Constitution, its opponents repeatedly
charged that the Constitution as drafted would open the way to tyranny by the
central government. Fresh in their minds was the memory of the British
violation of civil rights before and during the Revolution. They demanded a
'bill of rights' that would spell out the immunities of individual citizens.
Several state conventions in their formal ratification of the Constitution asked
for such amendments; others ratified the Constitution with the understanding
that the amendments would be offered. The Bill of Rights is still a vital and
powerful force in American government, shaping our laws and serving as a check
on the exercise of government power.
Lady
Justice
Lady
Justice has become a symbol of the fair and equal administration of the law,
without corruption, avarice, prejudice, or favor. The blindfold represents a
system of justice that is blinded to all prejudices or favor. The scales
represent justice that is administered fairly and the sword represents justice
that is authoritative. Lady Justice is a symbol of the American system of
justice and the ideals it embodies.
(e)
All documents which are included in the Foundations of American Law and
Government displays shall be posted on 11 x 14 inch paper and shall be framed in
identically styled frames. No one document shall be displayed more prominently
than another.
(f)
In no event shall any state funding be used for a display of the Foundations of
American Law and
Government."
SECTION
3.
All
laws and parts of laws in conflict with ths Act are repealed.