TN Constitutional Law

Question 1

TN’s equivalent of the Bill of Rights is called the ______________ and is found in Article ____ of the TN Constitution

Answer 1

Declaration of Rights; One

Question 2

How does religious freedom compare in TN as to federal Constitution?

Answer 2

TN provides for greater religious freedoms

Question 3

What one class of TN citizens are prohibited from voting?

Answer 3

Felons

Question 4

When is a TN citizen guaranteed the right to trial by jury?

Answer 4

In cases of confinement and fines above $50

Question 5

How many jurors must be on a TN jury?

Answer 5

12 persons (along with alternates); if fall below 12 jurors then a mistrial is declared

Question 6

Does TN require unanimous verdicts?

Answer 6

Yes

Question 7

Judicial increasing of a jury award is called __________ while judicial decreasing of a jury award is called ____________.

Answer 7

additur; remittitur

Question 8

The TN version of the Due Process clause is called the

Answer 8

Law of the Land Clause

Question 9

TN protects against discrimination of a class through the

Answer 9

Class Legislation Clause

Question 10

If a fundamental right is involved, then TN courts apply

Answer 10

strict scrutiny

Question 11

If a fundamental right is not involved, then TN courts apply

Answer 11

the standard that a statute bear a reasonable relation to a proper legislative purpose, being neither arbitrary nor discriminatory

Question 12

The TN right to privacy encompasses

Answer 12

marriage, procreation, parenting, and intimate/sexual relationships

Question 13

TN court differ from federal courts in regards to abortion in that

Answer 13

federal courts apply the “undue burden” test while TN courts apply strict scrutiny

Question 14

Unlike common law, when a TN spouse holding property in the entirety kills the other spouse,

Answer 14

the tenancy is severed and the murder gets to keep an undivided one-half interest

Question 15

The TN _______________ right is substantially stronger than under federal law, but the ______________ right is the same as federal law

Answer 15

free speech; assembly rights

Question 16

What is a retrospective law?

Answer 16

A non-criminal law that upsets vested rights or settled expectations

Question 17

What TN constitutional provision prohibits impairing contracts or retrospective laws?

Answer 17

Article 1, Section 20

Question 18

What TN constitutional provision guarantees the PERSONAL right to keep and bear arms?

Answer 18

Article 1, Section 26

Question 19

When the TN constitution speaks of the right to “bear” arms, what does that mean?

Answer 19

Use them for military service

Question 20

TN requires that bills encompass only one subject, known as the

Answer 20

Caption Requirement

Question 21

Four requirements are needed before a bill becomes law:

Answer 21

1. read in each house three times
2. approved by a majority vote in each house
3. signed by the speaker of each house
4. signed by the governor

Question 22

When a bill a rejected, then a bill of the same substance cannot be passed for how long?

Answer 22

During the remainder of that legislative session

Question 23

How long before a bill becomes law (minus the exception of specific date or public welfare necessity)?

Answer 23

40 days

Question 24

Describe the TN spending limitations

Answer 24

1. the state cannot spend more than its projected revenues plus reserves
2. acts not funded for the first year are void
3. current operations can’t be funded by bonds
4. the state can’t shift the funding burden into cities/counties

Question 25

The governor has the power to do three things:

Answer 25

1. grant pardons (except for impeachments)
2. call special legislative sessions
3. veto legislation

Question 26

Does the pocket veto exist in TN?

Answer 26

No, if not signed by governor for 10 days, then it becomes law

Question 27

Does the line item veto exist in TN?

Answer 27

Yes

Question 28

What is required for removal?

Answer 28

1. removal for cause (official or personal misconduct)

2. 2/3 vote of EACH house

Question 29

What is required for impeachment?

Answer 29

1. majority of house
2. 2/3 vote of senate
3. only for misconduct in official acts

Question 30

Taxation is proper on everything except

Answer 30

1. farmer’s product of the soil

2. checking and savings accounts