 He had no right or privilege to serve the state except upon such terms as the state prescribed.His liberty, his privilege, his immunity to teach and proclaim the theory of evolution, elsewhere than in the service of the state, was in no wise touched by this law.Third, it was argued that the terms of the Butler Act violated the Tennessee State Constitution, which provided that "It shall be the duty of the General Assembly in all future periods of this government, to cherish literature and science."