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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0094 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 December 1989 89-139 CONSTITUTIONAL LAW, TENNESSEE: The application of the Open Meetings Act to a gathering of members of a standing legislative committee should be determined by the particular house to which the committee belongs; depending on the facts, a gathering of executive and legislative branch officials where legislative proposals are discussed may or may not violate the Act. Tenn. Const. Art. II, 5512, 22; T.C.A. SS8-44-101 et seg., -102; Ops. Tenn. Atty. Gen. (February 21,195), 83-72 (February 23, 1983). 89-140 CONSTITUTIONAL LAW, TENNESSEE: Special Law/Local Law: Reserving two positions on a Metropolitan Government Charter Commission for persons of African American descent is unconstitutional unless facts exist which would enable the provision to survive strict scrutiny under the Equal Protection Clause; the severability clause shows a legislative intent that the remaining provisions of the Act are to be enforced if one provision is unconstitutional. U.S. Const. Amend. XI':; Tenn. Const. Art. XI, S9; T.C.A. S7-2-101; 1989 Tenn. Pub. Acts 576. 89-140 CONSTITUTIONAL LAW, UNITED STATES: Squal Protection Clause: Reserving two positions on a Metropolitan Government Charter Commission for persons of African American descent is unconstitutional unloss facts exist which would enable the provision to survive strict scrutiny under the Equal Protection Clause; the severability clause shows a legislative intent that the remaining provisions of the Act are to be enforced if one provision is unconstitutional. U.S. Const. Amend. XIV; Tenn. Const. Art. XI, 59; T.C.A. S7-2-101; 1989 Tenn. Pub. Acts 576.

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