Add the following to my original post :
Supreme Court of Tennessee Jul 24, 2009
291 S.W.3d 873 (Tenn. 2009)
. Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed.
Now consider : 31. Associated-Words Canon
Associated words bear on one another’s meaning (noscitur a sociis).
The Latin phrase noscitur a sociis means “it is known by its associates”—a classical version, applied to textual explanation, of the observed phenomenon
that birds of a feather flock together. The associated-words canon could refer to the basic principle that words are given meaning by their context (see § 2)—and
some authorities use this canon at that broad level of generality.1 But we mean something more specific. When several nouns or verbs or adjectives or adverbs
—any words—are associated in a context suggesting that the words have something in common, they should be assigned a permissible meaning that
makes them similar. The canon especially holds that “words grouped in a list should be given related meanings.”2
32. Ejusdem Generis Canon Where general words follow an enumeration of two or more things, they apply only to persons or things of the same general
kind or class specifically mentioned (ejusdem generis).
Now according to TN Constitution, Jack Cole V. McFarland , the Phillips v. Tax collector, and Waters v. Farr along with the canons listed from Antonin Scalia's book, it clearly shows that a privilege is business or occupation where a profit is deprived from the public (thus commercial) and that anything not included in THIS definition of a privilege, cannot be taxed as such.
Section 6. That the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a qualification for jurors.
Section 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty and ought not be granted.
Section 8. That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.
Section 9. That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county in which the crime shall have been committed, and shall not be compelled to give evidence against himself.
Also See: Section 14. No fine shall be laid on any citizen of this state that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.