Georgia House (again) considers “informing” Chief Justice Georgia is not a “democracy”

Last year in her first state of the judiciary address, Chief Justice Carol Hunstein referred to Georgia as a “democracy”. As I noted at the time, this did not sit well with some members of the Georgia House, who prepared a resolution to “inform” the Chief Justice the state was a republic, not a democracy (see post here). The resolution went nowhere, legislatively speaking.

Undaunted, Chief Justice Hunstein gave her 2011 state of the judiciary and made use of the term “democracy” five times (see post here). Equally undaunted, the Georgia House is considering “informing” her via HR 340 of 2011.

WHEREAS, most synonymous with majority rule, democracy was condemned by the Founding Fathers of the United States, who closely studied the history of both democracies and republics before drafting the Declaration of Independence and the Constitution…

WHEREAS, in 1928, the War Department of the United States defined democracy in Training Manual No. 2000-25 as a “government of the masses” which “[r]esults in mobocracy,” communistic attitudes to property rights, “demagogism,…agitation, discontent,¬† [and] anarchy.”

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body recognize the difference between a democracy and a republic and inform Georgia Supreme Court Chief Justice Carol W. Hunstein that the State of Georgia is a republic and not a democracy.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Georgia Supreme Court Chief  Justice Carol W. Hunstein, all Justices of the Georgia Supreme Court, and all Judges of the Georgia Court of Appeals.

Presumably the decision to forward the resolution (if adopted) to the justices of the supreme court and court of appeals is because they were invited to attend the state of the judiciary address (HR 19 of 2011) and heard the reference to “democracy.”

The resolution is currently pending in the House Committee on the Judiciary.