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

XXIII. Public Opinion and Constitutional Amendments.

XXIV. The Fundamental Problem...

359

368

APPENDIX...

377

CONTENTS IN DETAIL.

PAGE

1

4

255788*

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 Or-

ganization 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...

25. Territory Southwest of the Ohio..

26. The Constitution of the State.

Reflection of Economic Conditions.

27.

40

40

41

41

41

42

43

44

44

45

46

47

48

48

48

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..

71. The Declarations of Rights..

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...