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 - Constitutional history - 472 pages

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Contents

General Characteristics of the Constitution of 1776
30
The Rights of the People
31
Organization of the Government
32
The Legislature
33
The Governor and Other Executive Officers
34
The Judiciary
35
Reflection of Current Economic Conditions
36
The Convention of 1796
37
Land Speculation
38
The Separatist Instinct
39
Commerce and Industry
40
The State of Franklin
41
Reflection of Economic Conditions
42
The Land Tax
43
Organization of Government
44
Manhood Suffrage
45
The Legislature
46
The Governor and Other Executive Officers
47
Impeachment
48
County Officers and Militia
50
The Convention of 1834
51
Chief Reasons for Changing the Constitution
52
Democracy
53
Distribution of Powers
54
The Judiciary
55
Miscellaneous Provisions
56
The Convention of 1870
57
Antecedents of Convention of 1870
58
General Property Tax
59
General Property Tax
60
Additional Checks and Balances
61
Estimate of Conventions Work
62
Development of the State since 1870
64
Attempts to Revise the Constitution
65
PART II
69
Development and Grouping of Constitutions
70
Lessening Distinctions Between Constitutions and Statutes
71
Essential Elements of a Constitution
73
Schemes of Subdivision
74
Discussion of General Contents
78
Miscellaneous Provisions
80
Contrast of the Ohio and Recently Proposed New York Constitutions
91
Work of the New York Convention of 1915
92
The Electorate
99
The Sex Qualification
100
Arguments For and Against Woman Suffrage
102
Woman Suffrage in Practice
110
The Educational Qualification
111
The Property Qualification
113
Payment of Poll Tax
114
The Grandfather Clause
115
Elections
118
Methods of Nomination
119
Direct Primaries
120
Conduct of Campaigns
122
Registration
123
Election Regulations
124
Voting by Ballot
125
Ascertaining the Election Results
127
Securing the Vote for Employes and Absentees
128
Object of Election Laws
133
Organization of the State Government
135
The Doctrine of the Separation of Powers
136
Political Thought and Practice in the Latter Eighteenth Century
137
The Doctrine of Judicial Review 48
138
Separation of Powers in Present Constitutions
140
The Political Party a Means of Harmonizing the Separate Departments
141
Changed Political and Economic Conditions
143
Cabinet Government Contrasted with Government of Sepa rated Powers
144
Suggestions for Reorganization of State Governments
146
The Short Ballot
151
The Short Ballot in Early History
152
Elective Officers Required in Present Constitutions
153
Reason for Advocacy of the Long Ballot
154
Arguments in Favor of the Short Ballot
156
Larger Aspect of the Short Ballot Movement
159
The Making of Statute Law by the Representatives of the People
161
Legislature Bicameral
162
Term Apportionment and Qualifications of Legislators
163
Privileges Remuneration and Conduct of Legislators
166
Legislative Sessions
167
Legislative Organization
168
Committees
169
Procedure of LawMaking
171
Passage of Bills
174
Engrossment and Signing of Acts
175
Local Special and Private Legislation
177
Elections by the Legislature
179
Adjournment
180
Constitutional Restrictions Discussed
181
Expert Drafting
184
Co÷peration of the Executive
185
The Making of Statute Law by the Electorate Directly
187
Illinois Public Opinion System
188
Original South Dakota Provisions
189
Oregon Provisions
190
Maryland Referendum
191
The Petition
192
Filing the Petition
193
Required Vote Canvass etc
195
Direct and Indirect Initiative
196
Emergency Acts
197
The Administration of Law
200
Need for Qualified Officials and Adequate Organization
201
Civil Service
202
Administrative Boards
204
The Governor and Executive Department
205
Election of Governor
206
Qualifications of Governor
207
Term of Office Salary etc
208
Administrative Powers and Duties
209
The Recall
219
Conclusion
220
The Interpretation of Law
222
The Supreme Court
223
Qualifications of Supreme Judges
224
Terms of Office
225
Removal
226
Jurisdiction
227
Decisions
228
Inferior Courts
229
Justices of the Peace
230
Procedural Regulations
231
Abolition of Distinction Between Law and Equity
232
Judicial Inefficiency
233
Recall of Judicial Decisions
237
The State Budget
240
Proposed New York Budget Clause
242
Object of the BudgetResponsible Financial Control
243
Budgetary Reports and Estimates
244
Regulation of Appropriations
245
Extraordinary Procedure for Enactment of Appropriation Bills
248
Continuance of Appropriations
249
Accounting for Public Money
250
Faults of the System
251
Some Efforts at Reform
252
The English Budget
253
American Budgetary Practice and the Separation of Powers
254
Taxation
256
General Property Tax
257
Classification of Property
259
Mines and Forests
260
License Tax
261
Inheritance Tax
262
Single Tax
263
Taxation for Particular Purposes
264
Home Rule in Taxation
265
Assessment
266
Conclusion
268
Public Credit
270
Reaction Against State Indebtedness
271
Debt Referenda
272
Authorization and Limitation of Indebtedness
273
Serial Bonds
274
Local Indebtedness
275
General Considerations
276
Conservation and Social Welfare
277
Industrial Conditions the Police Power and Due Process
279
Workmens Compensation
280
Compensation Statutes
281
Compulsory and Optional Laws
282
Model Clause
283
Maximum Hours of Employment and a Minimum Wage
284
Health Leisure and a Living Wage
285
The Labor of Women and Children
287
Labor Legislation Administration and Constitutionality
288
The Efficient Use of Natural Resources
289
Forests
290
Mines
291
Natural Resources the Heritage of All
292
Home Rule for Cities
295
Development of Legislative Control
297
Incorporation by General Law Classification
298
Constitutional Classification
299
Power of Cities to Frame Their Own Charters
301
Extent of CharterMaking Power
303
Necessity for State Control
307
Administrative Supervision
308
Home Rule and the Legal Powers of a City
309
Suggestions for Constitutional Provisions
310
Types of City Government
313
The Mayor and Council
314
Early Commission Governments
316
Wide Adoption of Commission Government
317
The City Manager
318
European City Government
321
City Planning
322
Eminent Domain
323
Police Power
324
City Planning and the Control of Municipal Property
325
Zones
326
City Planning and the Limitations Upon Eminent Domain
328
Constitutional Clauses
329
Discussion of Excess Condemnation
331
Problems of County Government
334
Differences in Counties
335
Governing Board
336
County Finances
337
Reform Proposals
338
Commission Government
340
Matters of State Concern
341
Revising the Constitution
345
Proposal of Amendments by the Legislature
346
Amendment by Popular Initiative
350
The Constitutional Convention
351
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
Copyright

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Page 383 - 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...
Page 444 - ... a majority of all the members elected to each house, then it shall be the duty of the...
Page 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.
Page 386 - 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.
Page 442 - 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...
Page 404 - 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.
Page 389 - 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.
Page 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.
Page 387 - 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.
Page 384 - 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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