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COPYRIGHT, 1916,

MARSHALL & BRUCE COMPANY.

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

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XI. The Making of Statute Law by the Electorate Directly.
XII. The Administration of Law.....

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200

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XXIV.

XXIII. Public Opinion and Constitutional Amendments.
The Fundamental Problem...

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368

APPENDIX..

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(iii)

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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.

15. The Judiciary

16. The Beginnings of the Doctrine of Judicial Review. 17. Reflection of Current Economic Conditions...

Chapter II. The Convention of 1796.....

18. Settlement of Tennessee and Events Leading Up to Its Organization as a State....

19. Land Speculation...
20. The Separatist Instinct.
21. Commerce and Industry..

22. Political Development.
23. The Cumberland Compact.
24. The State of Franklin...

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37. County Officers and Militia.

38. Miscellaneous Provisions..

39. General Estimate of the Convention's Work..

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.

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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. 71 68. Essential Elements of a Constitution.....

69. The Typical Constitution...

70. Schemes of Subdivision.

71. The Declarations of Rights.

72. Discussion of General Contents.

73. Miscellaneous Provisions...

74. The Constitution of Ohio..

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.

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88. Early Simplicity and Growing Complexity of Elections..... 118 89. Methods of Nomination..

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97. Proportional Representation and Preferential Voting. 98. Object of Election Laws...

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104. State Legislatures Entrusted with Most of Powers of Gov

ernment

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105. Development of Doctrine of Separation of Powers. 106. Separation of Powers in Present Constitutions..

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107. Imperfect Realization of Separation of Powers in Practice. 140 108. The Political Party a Means of Harmonizing the Separate

Departments

141

109. Changed Political and Economic Conditions.

143

110. Cabinet Government Contrasted with Government of Separated Powers

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111. Suggestions for Reorganization of State Governments

146

Chapter IX. The Short Ballot......

151

112. Nature and Purpose of the Short Ballot Idea...

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

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120. Term, Apportionment and Qualifications of Legislators.. 121. Privileges, Remuneration and Conduct of Legislators.

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