How has Georgia's Constitution historically approached judicial review?

The correct answer is rooted in the historical context of Georgia's judicial system and its evolution over time. After 1861, Georgia's Constitution acknowledged the role of the judiciary in interpreting laws, which included the authority to declare legislative acts and executive actions unconstitutional. This acceptance of judicial review marked a significant shift in recognizing the judiciary as an essential component of government, responsible for upholding the principles of the Constitution and protecting individual rights against potential overreach by the legislature or executive.

This move towards judicial review allowed the courts to serve as a check on legislative power, ensuring that laws passed by the General Assembly adhered to constitutional standards. It also reflected broader trends in American law, where the judiciary increasingly became seen as a guardian of constitutional principles.

Prior to this change, judicial authority was more limited, which is why that aspect is not considered a valid representation of Georgia's post-1861 constitution. The other choices either misconstrue the historical role of the judiciary in Georgia, such as suggesting a total prohibition on judicial review or limiting it solely to federal matters, neither of which aligns with the state's constitutional evolution. Therefore, recognizing the judiciary's role in declaring acts unconstitutional after 1861 accurately captures the historical approach of Georgia's Constitution toward judicial review.