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

Wallace McClure

Marshall & Bruce Company, 1916 - 472 страница

Садржај

• Explanations and Acknowledgments: 1
• Selected Bibliography: 4
• class 42331 + WIN: 12
• State ConstitutionMaking: 19
• What a Constitution: 21
• Slow Evolution of Tennessee Constitution: 22
• Constitutions Written and Unwritten: 23
• Function of a State Constitution: 24
• PART I: 27
• CHAPTER: 29
• Declaration of Rights: 30
• The Rights of the People: 31
• Organization of the Government: 32
• Officers Elected by the Legislature 14 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
• Democracy: 40
• The State of Franklin: 41
• Reflection of Economic Conditions: 42
• The Land Tax: 43
• Reflection of Economic Conditions: 44
• Taxation According to Value: 45
• Distribution of Powers: 46
• The Legislature: 47
• The Judiciary: 48
• The Judiciary: 49
• Local Officers 51 Miscellaneous Provisions: 50
• Estimate of the Conventions Work: 52
• The Convention of 1870: 57
• Overthrow of Reconstruction Measures: 58
• Additional Checks and Balances: 59
• Poll Tax Qualification for Voters: 60
• The Legislature: 62
• Development of the State since 1870: 64
• PART II: 67
• Essential Elements of a Constitution: 68
• The Typical Constitution: 69
• Schemes of Subdivision: 70
• The Declarations of Rights: 71
• Discussion of General Contents: 72
• Miscellaneous Provisions: 73
• The Constitution of Ohio: 74
• Contrast of the Ohio and Recently Proposed New York Constitutions: 75
• 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
• The Electorate an Organ of Government 78 Qualifications for Voting: 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: 138
• Separation of Powers in Present Constitutions: 140
• PAGE: 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
• 50: 173
• Passage of Bills: 174
• Engrossment and Signing of Acts: 175
• The Governors Veto Power: 176
• Local Special and Private Legislation: 177
• 51: 178
• Elections by the Legislature: 179
• Adjournment: 180
• Constitutional Restrictions Discussed: 181
• Expert Drafting: 184
• Coöperation 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 the 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
• Division and Unity of Administration: 210
• General Methods of Removal: 211
• Miscellaneous Functions of Governor: 212
• Liability to Impeachment: 213
• The Secretary of State: 214
• The Auditor or Comptroller: 215
• Study of Scientific Administration: 216
• Efficiency in Democracy: 218
• The Recall: 219
• Conclusion: 220
• The Interpretation of the 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
• Sociological Jurisprudence: 238
• 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
• 54: 258
• Classification of Property: 259
• Mines and Forests: 260
• Poll Tax: 261
• Inheritance Tax: 262
• Single Tax: 263
• Taxation for Particular Purposes: 264
• Home Rule in Taxation: 265
• Assessment: 266
• 55: 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
• 228883388885 5 588888758858 56: 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
• Theory of Commission Government: 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
• Excess Condemnation: 329
• Discussion of Excess Condemnation: 331
• Problems of County Government: 334
• Differences in Counties: 335
• Governing Board: 336
• Fee System: 337
• Reform Proposals: 338
• Commission Government: 340
• Matters of State Concern: 341
• Revising the Constitution: 345
• 57: 346
• Amendment by Popular Initiative: 350
• The Constitutional Convention: 354
• 59: 355
• TENNESSEE PROBLEMS PAGE: 357
• Public Opinion and Constitutional Amendments: 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
• 63: 468
• 64: 469
• 65: 472

Популарни одломци

Страница 420 - ... a majority of all the members elected to each house, then it shall be the duty of the...

Страница 355 - 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...

Страница 174 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...

Страница 356 - That no man shall be taken or imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.

Страница 418 - 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...

Страница 140 - As every freeman, to preserve his independence, (if without a sufficient estate) ought to have some profession, calling, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen, in the possessors, or expectants, and faction, contention and discord among the people.

Страница 137 - 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.

Страница 372 - Each house may punish, by imprisonment during its session, any person not a member, who shall be guilty of disrespect to...

Страница 356 - 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.

Страница 355 - That in all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rig-hts of the people, and ought to remain sacred and inviolable.

Библиографски подаци

• Наслов: 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; Online access: HeinOnLine HeinOnline State Constitutions Illustrated
• Аутор: Wallace McClure
• Сарадници: Tennessee, North Carolina
• Издавач: Marshall & Bruce Company, 1916
• Оригинал из: Универзитет у Мичигену
• Дигитализовано: 25 мај 2006
• Дужина: 472 страница