Vanderbilt Law Review

First Page



The present Tennessee Constitution as interpreted by the courts permits the legislature to grant to the governing boards of counties a considerable amount of power to determine and regulate matters which are of local concern. There is no reason to doubt that the legislature could authorize county governing boards great freedom in determining the form and organization of county government. Thus the General Assembly could go far in establishing county home rule in Tennessee.

The chief difficulty in relying on the General Assembly's granting considerable authority under the existing constitutional provision to the governing boards of the counties to determine local matters is that the General Assembly could repeal the enabling act. Thus counties would not be protected from the General Assembly as many advocates of constitutional home rule feel desirable.