TN Constitutional Law Flashcards
(30 cards)
TN’s equivalent of the Bill of Rights is called the ______________ and is found in Article ____ of the TN Constitution
Declaration of Rights; One
How does religious freedom compare in TN as to federal Constitution?
TN provides for greater religious freedoms
What one class of TN citizens are prohibited from voting?
Felons
When is a TN citizen guaranteed the right to trial by jury?
In cases of confinement and fines above $50
How many jurors must be on a TN jury?
12 persons (along with alternates); if fall below 12 jurors then a mistrial is declared
Does TN require unanimous verdicts?
Yes
Judicial increasing of a jury award is called __________ while judicial decreasing of a jury award is called ____________.
additur; remittitur
The TN version of the Due Process clause is called the
Law of the Land Clause
TN protects against discrimination of a class through the
Class Legislation Clause
If a fundamental right is involved, then TN courts apply
strict scrutiny
If a fundamental right is not involved, then TN courts apply
the standard that a statute bear a reasonable relation to a proper legislative purpose, being neither arbitrary nor discriminatory
The TN right to privacy encompasses
marriage, procreation, parenting, and intimate/sexual relationships
TN court differ from federal courts in regards to abortion in that
federal courts apply the “undue burden” test while TN courts apply strict scrutiny
Unlike common law, when a TN spouse holding property in the entirety kills the other spouse,
the tenancy is severed and the murder gets to keep an undivided one-half interest
The TN _______________ right is substantially stronger than under federal law, but the ______________ right is the same as federal law
free speech; assembly rights
What is a retrospective law?
A non-criminal law that upsets vested rights or settled expectations
What TN constitutional provision prohibits impairing contracts or retrospective laws?
Article 1, Section 20
What TN constitutional provision guarantees the PERSONAL right to keep and bear arms?
Article 1, Section 26
When the TN constitution speaks of the right to “bear” arms, what does that mean?
Use them for military service
TN requires that bills encompass only one subject, known as the
Caption Requirement
Four requirements are needed before a bill becomes law:
- read in each house three times
- approved by a majority vote in each house
- signed by the speaker of each house
- signed by the governor
When a bill a rejected, then a bill of the same substance cannot be passed for how long?
During the remainder of that legislative session
How long before a bill becomes law (minus the exception of specific date or public welfare necessity)?
40 days
Describe the TN spending limitations
- the state cannot spend more than its projected revenues plus reserves
- acts not funded for the first year are void
- current operations can’t be funded by bonds
- the state can’t shift the funding burden into cities/counties
