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socrateaser, Lawyer
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Experience:  Retired (mostly)
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Is there case law based on Georgias Constitution Article I

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Is there case law based on Georgia's Constitution Article I (due process) and Article II (equal protection) related to rights of Members of Electric Membership Corporations (EMCs)?
Hello again,

The equal protection guarantees of the Georgia and federal constitutions are coextensive. Ambles v. State, 259 Ga. 406, 407(2), 383 S.E.2d 555 (1989). The due process guarantees are substantively identical. Compare Fifth Amendment to the U.S. Constitution with 1983 Ga. Const., Art. I, Sec. I, Par. I. See, Cherokee County v. Atlanta Homebuilders, 566 SE 2d 470 (2002).

In sum, an analysis that comports with the 14th and 5th Amendments of the U.S. Constitution will be effectively identical to an analysis under the Georgia Constitution -- except where the Georgia Constitution provides more individual protection. See Grissom v. Gleeson, 262 Ga. 374 (1992) (The protection of the equal protection clauses in the 1983 Georgia Constitution and in the United States Constitution is coextensive, though this does not foreclose possibility that Georgia Supreme Court may interpret Georgia clause to offer greater protection than federal clause as interpreted by the United States Supreme Court.  Const. Art. 1, § 1, Pars. 1, 2;  U.S.C.A. Const.Amend. 14.)

On your direct question, however, I find no case law expressly preferring the Georgia Constitution over the U.S. Constitution to interpret laws concerning the EMC Act.

Please let me know if my answer is helpful and if I can provide further clarification or assistance.
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