Georgia Constitution Practice Exam

Can a person argue that their civil liberties are protected differently under the Georgia Constitution compared to the U.S. Constitution?

1. Yes

2. No

3. Depends on the importance of the liberty

4. Only with federal review

The correct answer is: Yes

Yes, a person can argue that their civil liberties are protected differently under the Georgia Constitution compared to the U.S. Constitution. The Georgia Constitution contains its own set of rights and provisions that may offer greater protection than those found in the U.S. Constitution. For example, Article I of the Georgia Constitution includes specific protections, such as the right to a public trial and the right to bear arms, which could be interpreted more expansively at the state level than under the federal framework. State constitutions, including Georgia's, can provide a broader range of rights and protections than those recognized federally. This means that individuals in Georgia may have additional legal grounds on which to argue for the protection of their civil liberties based on state constitutional provisions. Moreover, state courts are tasked with interpreting the state constitution, and they may choose to set precedent that reflects the values and needs of Georgia residents that differ from federal interpretations. As a result, the ability to argue for different protections under the Georgia Constitution is a recognized principle of state law.