Oh, Mommy, I aint no Commie Im just doing what I can to live
the good old all-American way It says right there in the
Constitution Its really A-OK to have a revolution When the leaders
that you choose Really dont fit their shoes...
Slide 4
1 Powers of People That all power is inherent in the people,
and all free governments are founded on their authority, and
instituted for their peace, safety, and happiness; for the
advancement of those ends they have at all times, an unalienable
and indefeasible right to alter, reform, or abolish the government
in such manner as they may think proper.
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2 Doctrine of Non-Resistance That government being instituted
for the common benefit, the doctrine of non-resistance against
arbitrary power and oppression is absurd, slavish, and destructive
of the good and happiness of mankind.
Slide 6
Our constitution also contains specific provisions not found in
the federal constitution, the most pertinent being Article 1,
Section 2, condemning the doctrine of non-resistance. This
provision exemplifies the strong and unique concept of liberty
embodied in our constitution in that it clearly assert[s] the right
of revolution. Otis H. Stephens, Jr., The Tennessee Constitution
and the Dynamics of American Federalism, 61 Tenn. L. Rev. 707, 710
(1994). It provides: That government being instituted for the
common benefit, the doctrine of non-resistance against arbitrary
power and oppression is absurd, slavish, and destructive of the
good and happiness of mankind. Tenn. Const. art. I, 2.
Slide 7
In essence, this section recognizes that our government serves
at the will of the people of Tennessee, and expressly advocates
active resistance against the government when government no longer
functions to serve the peoples needs. There is no better statement
of our constitutions concept of liberty than this audacious
empowerment of Tennesseans to forcibly dissolve the very government
established but one Article later in our constitution.
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5 delegates from each of the 11 counties Met in office of David
Hendley for 27 days Experienced in government, including: U.S.
Constitutional Convention North Carolina Constitutional Convention
Territorial Government Watauga Association Cumberland Compact
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Preamble --- asserts the right to admission General Assembly
--- o Two houses (discussed for three days) o Met every other year
in the fall o Chose judges, local officials o Established all
courts o Had to own 200 acres of land in county represented
Slide 18
Governor --- sets up a weak governor o Two year term o No veto
o Commander-in-chief of states army and navy and the militia o Had
to own 500 acres of land Judiciary --- o All courts established by
the legislature o Legislature appointed judges and states
attorneys
Slide 19
Declaration of Rights o Worship o Free speech o Trial by jury o
Search and seizure o Right to counsel o Double jeopardy Interesting
points o Every freeman age 21 who owned a freehold and had been in
the county for six months could vote o Declared the right to the
free navigation of the Mississippi cannot be ceded to any prince,
potentate, power or person
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The 1796 Constitution was not submitted to the people for a
vote. Act admitting Tennessee to the Union as a state was signed on
June 1, 1796 by President George Washington.
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Convention met in Nashville in May 1834. It included: o Willie
Blount (former governor) o Newton Cannon (future governor) o
Francis Fogg (Hume-Fogg) o Adam Pegleg Huntsman (later defeated
Davy Crockett for Congress, prompting Crockett to go to Texas) o
West Humphreys (future AG, US District Judge and Confederate
District Judge)
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Why have a convention? 1. Taxation 2. Judiciary 3. Legislative
Power
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Tax land according to value One Supreme Court o Cannot increase
or diminish salary during term o Limit SC meeting to one place per
grand division o Separation of powers Only courts can grant
divorces Elect local officials Governor limits topics for special
sessions Ban lotteries No suspension of the general law for
individuals
Slide 29
Other convention actions: o Limited vote to white males o
Established a school fund o Added a legislative method for amending
the constitution o Required the legislature to pass laws settingthe
interest rate o Required permanent capitol designation by 1843
Constitution approved by a vote of the people in 1835
Slide 30
By the legislative method, the legislature proposed popular
election of judges, the attorney general and the states attorneys
for the judicial districts (district attorneys). The people
approved these amendments in August, 1853.
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November 8, 1864, Andrew Johnson, Military Governor of
Tennessee, is elected vice president. The East Tennessee Union
Executive Committee called for a convention to meet December 19 to
take steps to restore Tennessee to the Union. After a delay because
of the Battle of Nashville, in January 1865 over 500 delegates
assembled in Nashville
Slide 34
The delegates proposed: o An amendment abolishing slavery o An
amendment forbidding the legislature from making any law
recognizing the right of property in man
Slide 35
A schedule that : o Declared the secession act unconstitutional
and void o Declared acts of the state government since May 6, 1861
void o Ratified Military Governor Johnsons actions o Disfranchised
ex-confederates and sympathizers o Set a vote on the amendments for
Feb. 4, 1865 and elections for governor and legislature for March
4, 1865
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Governor Johnson had to leave for Washington, so on Feb. 25 he
declared the amendments ratified before all the results were in.
Voting results: 25,293 for and 48 against.
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Many of the conventions actions concerned the activities of the
Brownlow administration and the aftermath of the Civil War No
political tests for office Require Governor to state the reasons
for special sessions Safe and comfortable prisons
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Amend right to bear arms to clarify the power to regulate to
prevent crime Gubernatorial veto Single Subject Rule Limit
legislative pay to 75 days Limit lending of credit by the state and
counties
Slide 41
Universal male suffrage County offices filled by public or by
county court Temporarily increase number of judges on Supreme Court
to six to handle backlog cause by the war The Constitution was
approved by the people
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Gave Governor a four year term, could not succeed himself Gave
Governor the item veto Deleted poll tax Authorized municipal home
rule and city-county government consolidation
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Expressly allowed limited constitutional conventions Prohibited
legislature from passing special or local laws to remove local
officials from office or change their salaries or their terms
Required local approval of local legislation
Slide 45
In 1958 the public approved a convention on the subjects of the
sheriffs term, the trustees term and lowering the voting age. The
convention only approved lengthening the trustees term, and the
public approved it.
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Required reapportionment of legislature based on population,
with a clause allowing apportionment of one house using geography
and other factors if the federal constitution ever allowed it.
Allowed split (annual) sessions Increased senators term to four
years and staggered the terms Allowed local legislative bodies to
fill vacancies in the legislature
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Legislature proposed a limited convention on a variety of
subjects, but the people only approved the subject of
classification of property for tax purposes Two proposals were
made: o Allowing four classes of property forassessment purposes o
Allowed legislature to provide tax relief to elderly, low income
and disabled taxpayers
Slide 48
The Convention proposed: 1. Altering the way legislative
vacancies are filled by requiring a new election if more than
twelve months are left in the term 2. Requiring three
considerations of bills in each house instead of three readings 3.
Allowing the governor two consecutive terms of four years 4.
Allowing the governor ten days instead of five to decide whether to
sign or veto a bill
Slide 49
Creating limits on expenditures, conditioned increases in
appropriations beyond the estimated rate of growth of the states
economy, requiring appropriations to be made during the session in
which the bill being funded was passed, requiring the state to
share the cost of laws imposing increased expenditure requirements
on cities or counties Allowing 18 year olds to vote
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Allowing the legislature to raise the homestead exemption and
define it Revision of the education provision Allowing the
legislature to set maximum interest rate Delete the prohibition on
interracial marriage
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Revising the judicial article to create a uniform judicial
system; appoint appellate judges by governor using a nominating
commission; create a superior court as the main trial court; create
general sessions courts; allow the legislature to establish
juvenile courts and municipal courts; create a court of discipline
and removal for judges, district attorneys, public defenders and
the attorney general; provide for the attorney general to be
appointed by the governor from nominations from a commission; and
reduce the number of court clerks.
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Legislative proposal for tax relief for the elderly:
Approved
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Add a Victims Bill of Rights; Delete comfortable from the safe
and comfortable prisons provision: Both Approved
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Allow lotteries under certain conditions: Approved Eliminate
the fifty dollar fine provision: Rejected
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Elderly property tax exemption; The marriage protection
amendment: Both Approved
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Right to hunt and fish: Approved
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Negating the right to an abortion Banning the income tax
Addressing judicial selection
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It is September 1, 1796. Larry Leadfoot, an ambitious student
of the law, is running late for his first day of apprenticeship.
Upon racing past the No galloping sign posted at the town limits,
Leadfoot is stopped by Sheriff Kochya and cited for galloping
within town limits. At the hearing on Leadfoots citation, the
Honorable Judge Hammer, the barrister under whom Leadfoot was to
apprentice, slaps Leadfoot with a $75.00 fine. Does Leadfoot have a
constitutional defense to the fine imposed?
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Yes. 1796 Constitution at Art. 5 9 No fine shall be laid on any
citizen of this state, that shall exceed fifty dollars, unless it
shall be assessed by a jury of his peers, who shall assess the fine
at the time they find the fact.
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It is August 1964. Leadfoot VI, having not fallen far from the
familys tardy tree, is running late for his first day of law school
classes. Leadfoot VI speeds into town twelve miles per hour over
the limit in his 1963 Ford Thunderbird. This time, Judge Hammer
hits Leadfoot VI with a $300.00 fine. Does Leadfoot VI have a
constitutional defense to the fine imposed?
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Yes.
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The present value of $50.00 in 1796: $916.69
Slide 66
Now it is December 1964. Leadfoot VI is now speeding into town
because he is late for his first law school exam. Having failed to
learn his lesson about the speed trap leading into town, Leadfoot
VI again gets cited for speeding twelve miles per hour over the
limit. Judge Hammer again hits Leadfoot with a $300.00 fine. Does
Leadfoot VI have a constitutional defense to the fine imposed?
Slide 67
No. ODell v. City of Knoxville, 388 S.W.2d 150 (Tenn.Ct.App
1964).
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Leadfoot VII gets a speeding ticket and associated $300.00 fine
in December 2001. Is there a Constitutional defense to the
fine?
Slide 69
Yes. City of Chattanooga v. Davis, 54 S.W.3d 248 (Tenn.
2001).
Slide 70
You get pulled over on your way to the office tomorrow for
expired tags. The Department of Motor Vehicles hits you with a $250
penalty for driving with expired tags. Is the penalty barred by the
constitution?
Slide 71
No. Barrett v. Tennessee Occupational Safety & Health
Review Comm'n, 284 S.W.3d 784 (Tenn. 2009).