Chapdelaine v. Tennessee State Board of Examiners for Land Surveyors

I respectfully dissent from 541 S.W.2d 786.

The right to pursue one’s occupation is an inherent property right protected by the due process clause of our State and Federal Constitutions. Livesay v. Tennessee Board of Examiners in Watchmaking, 204 Tenn. 500, 322 S.W.2d 209 (1959), Harbison v. Knoxville Iron Company, 103 Tenn. 421, 53 S.W. 955 (1899).

Stating the issue to be decided in Livesay, Mr. Justice Tomlinson observed that interference with an individual’s inherent property right to pursue his occupation is not constitutionally permissible except insofar as such interference may be…