COPYRIGHT, 1916,

MARSHALL & BRUCE COMPANY.

.....

X. The Making of Statute Law by the Representatives of the

People

161

XI. The Making of Statute Law by the Electorate Directly..... 187

XII. The Administration of Law.....

200

XXIII. Public Opinion and Constitutional Amendments.

XXIV. The Fundamental Problem...

APPENDIX..

PAGE

359

368

377

(iii)

CONTENTS IN DETAIL.

Explanations and Acknowledgments

Selected Bibliography

State Constitution-Making..

Introduction: What a Constitution Is..

1. The Essential of Democratic Rule.

2. Constitutions are Subject to Evolution.

3. Slow Evolution of Tennessee Constitution.

4. Constitutions Written and Unwritten.

5. Function of a State Constitution...

PART I.

CONSTITUTIONAL DEVELOPMENT IN TENNESSEE.

Chapter I. The North Carolina Constitution of 1776....

6. Commencement of Tennessee Constitutional History.

7. General Characteristics of the Constitution of 1776.

8. The Rights of the People...

9. Private Rights of the Individual.

10. Organization of the Government.

11. Property Qualifications.

12. The Legislature..

13. Officers Elected by the Legislature..

14. The Governor and Other Executive Officers.

34

15. The Judiciary

35

16. The Beginnings of the Doctrine of Judicial Review.

17. Reflection of Current Economic Conditions...

35

36

Chapter II. The Convention of 1796....

37

18. Settlement of Tennessee and Events Leading Up to Its Or-

ganization as a State.

37

Chapter III. The Convention of 1834...

40. Development of the State 1796-1834...

41. Chief Reasons for Changing the Constitution.

42. General Features of New Constitution.

43. Democracy

44. Reflection of Economic Conditions.

45. Taxation According to Value..

46. Distribution of Powers..

47. The Legislature.

48. The Governor.

49. The Judiciary..

50. Local Officers.

51. Miscellaneous Provisions..

52. Estimate of the Convention's Work...

Chapter IV. The Convention of 1870..

53. Progress of the State, 1834-1870.

54. Antecedents of Convention of 1870.

55. General Property Tax..

56. Reflection of Economic Conditions.

57. General Property Tax.....

58. Overthrow of Reconstruction Measures.

59. Additional Checks and Balances.

60. Poll Tax Qualification for Voters.

61. Miscellaneous Provisions...

62. Estimate of Convention's Work..

63. Development of the State since 1870.

64. Attempts to Revise the Constitution.

PART II.

CURRENT THOUGHT AND ACTION UPON CONSTITUTIONAL PROBLEMS.

Chapter V. What Constitutions Contain...

65. Nature and Scope of Chapter 5..

66. Development and Grouping of Constitutions.

67. Lessening Distinctions Between Constitutions and Statutes.

68. Essential Elements of a Constitution.

69. The Typical Constitution.

70. Schemes of Subdivision..

72. Discussion of General Contents.

71. The Declarations of Rights.

73. Miscellaneous Provisions....

75. Contrast of the Ohio and Recently Proposed New York

Constitutions

76. Work of the New York Convention of 1915.

Chapter VI. The Electorate...

77. The Electorate an Organ of Government..

78. Qualifications for Voting...

74. The Constitution of Ohio.