State Constitution-making, with Especial Reference to Tennessee: A Review of the More Important Provisions of the State Constitutions and of Current Thought Upon Constitutional Development and Problems in Tennessee

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Marshall & Bruce Company, 1916 - 472 strani
 

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The Governor and Other Executive Officers
14
The Judiciary
15
The Beginnings of the Doctrine of Judicial Review
16
Reflection of Current Economic Conditions
17
Settlement of Tennessee and Events Leading Up to Its Or ganization as a State
18
Land Speculation
19
The Separatist Instinct
20
What a Constitution Is
21
Political Development
22
The Cumberland Compact
23
The State of Franklin
24
Territory Southwest of the Ohio 6 The Constitution of the State
25
Reflection of Economic Conditions
27
The Land
28
PART I
29
Declaration of Rights
30
Manhood Suffrage
31
The Legislature
32
The Governor and Other Executive Officers
33
Impeachment
34
The Convention of 1796
37
Miscellaneous Provisions
38
General Estimate of the Conventions Work
39
Chief Reasons for Changing the Constitu 42 General Features of New Constitution 43 Democracy
40
Reflection of Economic Conditions
42
Taxation According to Value
43
Distribution of Powers
46
The Legislature
47
The Governor
48
The Judiciary
49
Local Officers
50
Miscellaneous Provisions
51
Estimate of the Conventions Work
53
The Convention of 1870
57
The Convention of 1834
58
Additional Checks and Balances
59
Poll Tax Qualification for Voters
60
Miscellaneous Provisions 62 Estimate of Conventions Work 63 Development of the State since 1870
62
Attempts to Revise the Constitution
64
PART II
67
CHAPTER PAGE V What Constitutions Contain
69
Schemes of Subdivision
74
The Declarations of Rights
75
Discussion of General Contents
78
Miscellaneous Provisions
80
The Constitution of Ohio 75 Contrast of the Ohio and Recently Proposed New York Constitutions
81
Work of the New York Convention of 1915
92
The Electorate
99
Elections
118
flection
119
The Electorate an Organ of Government 78 Qualifications for Voting
120
Organization of the State Government
135
The Doctrine of Judicial Review
138
PAGE
141
The Short Ballot
151
The Making of Statute Law by the Representatives of the People
161
The Making of Statute Law by the Electorate Directly
187
The Administration of Law
200
Administration and Distribution of Constitutional Authority
218
Conclusion
220
The Interpretation of Law
222
The Supreme Court
223
Qualifications of Supreme Judges
224
Terms of Office 19
225
Removal 183 The Chief Justice 184 Time and Place of Holding Court
226
Jurisdiction
227
Decisions 187 Advisory Opinions
228
Inferior Courts 189 Justices of the Peace
229
Procedural Regulations 191 Pleading and Practice
231
Abolition of Distinction Between Law and Equity 193 Judicial Inefficiency 194 The Doctrine of Judicial Review
233
Recall of Judicial Decisions
237
Sociological Jurisprudence
238
The State Budget
240
Object of the BudgetResponsible Financial Control
242
State Constitutional Regulation of Revenue and Expendi ture
243
Taxation
256
General Property Tax
257
Classification of Property
259
Mines and Forests
260
License Tax
261
Inberitance Tax
262
Single Tax
263
Taxation for Particular Purposes
264
Home Rule in Taxation
265
Assessment
266
Conclusion
268
Public Credit
270
Administrative Supervision
271
Reaction Against State Indebtedness 2701
272
Authorization and Limitation of Indebtedness
273
Serial Bonds
274
Local Indebtedness
275
General Considerations
276
Conservation and Social Welfare
277
The Mayor and Council
278
Industrial Conditions the Police Power and Due Process
279
Workmens Compensation
280
Wide Adoption of Commission Government
281
Constitutional Authorization
282
Model Clause
283
Maximum Hours of Employment and a Minimum Wage 249 Constitutional Eight Hour
284
City Planning 285 Municipal Awakening
285
Nature of City Planning
286
Eminent Domain
287
Police Power
288
City Planning and the Control of Municipal Property
289
Health Leisure and a Living Wage 251 Minimum Wage Laws and Constitutional Clauses 252 The Labor of Women and Children 253 Statutes and C...
290
Mines 258 Water Power
291
Natural Resources the Heritage of All
292
City Planning and the Limitations Upon Eminent Domain
293
Excess Condemnation
294
Home Rule for Cities
295
Discussion of Excess Condemnation
296
Development of Legislative Control 17
297
Incorporation by General Law Classification
298
Constitutional Classification
299
County Finances
300
Power of Cities to Frame Their Own Charters
301
Reform Proposals
302
Extent of CharterMaking Power
303
Commission Government
304
Matters of State Concern
305
Consolidation of City and County
306
Necessity for State Control
307
Types of City Government
313
City Planning
322
Problems of County Government
334
341
341
Revising the Constitution
345
Need for Revision 308 Early Constitutions 309 Proposal of Amendments by the Legislature
346
Amendment by Popular Initiative
350
The Constitutional Convention
354
PART III
359
Taxation
360
Finance
361
County Government
362
Fee System
363
Legislation and Administration
364
Increase of Governors Power
366
The Fundamental Problem
368
An Efficient Government
369
An Efficient People
373
APPENDIX
377
Ordinance of Convention of 1870
461
Acts of Fiftyninth General Assembly Authorizing an Elec tion to Determine the Question of Calling a Constitu tional Convention and Providing for t...
462
Pending Equal Suffrage Amendment
465
INDEX TO TEXT
467
351
470
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Stran 381 - That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent...
Stran 442 - ... a majority of all the members elected to each house, then it shall be the duty of the...
Stran 75 - All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
Stran 384 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Stran 440 - Any amendment or amendments to this constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas...
Stran 402 - No person who heretofore hath been, or may hereafter be, a collector or holder of Public Moneys, shall have a seat in either House of the General Assembly, or hold any other office under the state government, until such person shall have accounted for, and paid into the Treasury, all sums for which he may be accountable or liable.
Stran 387 - The citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address or remonstrance.
Stran 163 - In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and the candidates highest in votes shall be declared elected.
Stran 385 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government ; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject; being responsible for the abuse of that liberty.
Stran 382 - That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures, and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

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