TN Bar Tennessee Constitutional and Administrative Law 2 — Questions and Answers
Question 1: Tennessee's Constitution requires that all bills passed by the General Assembly relate to only one subject, which must be:
- Identified by the sponsoring member
- Expressed in the title of the bill (Correct answer)
- Approved by a committee before reading
- Listed in an attached summary document
Correct answer: Expressed in the title of the bill
Article II, Section 17 of the Tennessee Constitution requires that every bill be limited to one subject and that the subject be expressed in the title of the bill.
Question 2: Under Tennessee law, the doctrine of sovereign immunity generally shields the state from suit UNLESS:
- The plaintiff is a Tennessee resident
- The General Assembly has expressly waived immunity by statute (Correct answer)
- The claim sounds in tort
- A federal court asserts jurisdiction
Correct answer: The General Assembly has expressly waived immunity by statute
Tennessee retains sovereign immunity as the default rule, but the General Assembly may waive immunity by statute, such as through the Tennessee Claims Commission Act.
Question 3: The Tennessee Claims Commission has exclusive jurisdiction over most tort claims against the State of Tennessee. The statute of limitations for filing a claim with the Commission is:
- 6 months
- 1 year (Correct answer)
- 2 years
- 3 years
Correct answer: 1 year
Under T.C.A. § 9-8-402, a claimant must file a claim with the Tennessee Claims Commission within one year of the injury or loss.
Question 4: Tennessee's constitutional amendment process requires that a proposed amendment be agreed to by:
- A majority vote in one session of the General Assembly followed by a public referendum
- A majority of each house in two successive General Assemblies separated by a general election, then ratified by voters (Correct answer)
- Two-thirds of each house in a single session and then approved by the Governor
- A constitutional convention called by the Governor
Correct answer: A majority of each house in two successive General Assemblies separated by a general election, then ratified by voters
Article XI, Section 3 of the Tennessee Constitution requires a majority vote in two successive General Assemblies with an intervening general election, followed by ratification by a majority of voters.
Question 5: Under the Tennessee UAPA, an agency's proposed rule must be filed with the Secretary of State and published in the Tennessee Administrative Register at least how many days before it becomes effective?
- 15 days
- 30 days (Correct answer)
- 60 days
- 90 days
Correct answer: 30 days
Under T.C.A. § 4-5-207, agency rules must be filed with the Secretary of State and published at least 60 days before their effective date, allowing for public comment.
Question 6: Tennessee's separation of powers doctrine prohibits the legislature from:
- Delegating any authority to administrative agencies
- Exercising core judicial functions, such as directly reversing court judgments (Correct answer)
- Setting the salaries of executive officers
- Enacting laws that affect pending court cases
Correct answer: Exercising core judicial functions, such as directly reversing court judgments
Tennessee's separation of powers doctrine, embedded in Article II of the Tennessee Constitution, prohibits the legislature from exercising core judicial powers, such as directly overturning final court judgments.
TN Bar Tennessee Constitutional and Administrative Law 2
Tennessee's Constitution requires that all bills passed by the General Assembly relate to only one subject, which must be: