Constitutional Law -- 1956 Tennessee Survey

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline.

Basic allocations of governmental power were involved in a case in which the court denied a petition by the Bar Association of Tennessee that it adopt a rule of court integrating the bar of the state. The opinion in this instance weighed the expediency of the proposal and did not rest its decision upon any finding of lack of inherent power in the court to promulgate such a rule. The opinion is of great importance in showing how judicial power may supplement legislative power in prescribing requirements for admission to the bar.