✨A Constitution for a Free Tennessee
For Liberty. For the People. For the Future.
What This Constitution Does:
🔹 Restores Representation
House of Representatives elected using proportional voting—every vote counts.
Senate selected by county governments with representation rotating every 3 years by Grand Division.
🔹 Splits Executive Power to Prevent Abuse
A Governor serves as head of state and guardian of the Constitution.
A Premier is chosen by the House to lead the administration.
🔹 Eliminates Party Primaries
All candidates appear on a single general election ballot.
No party gatekeeping. No closed primaries. Just open, competitive elections.
🔹 Protects Your Rights More Strongly
Expanded Bill of Rights includes:
Stronger protections for speech, property, and due process
No judicial deference to bureaucratic agencies
🔹 Restores Local Control
Counties help choose Senators.
Local governments are constitutional actors—not administrative afterthoughts.
🔹 Imposes Real Fiscal Limits
Strict caps on taxes, spending, and debt.
No state-owned business ventures or favoritism in commerce.
🔹 Creates an Independent Judiciary
Judges serve single, long terms.
Merit-based appointments—no campaigning or partisan elections.
Why This Matters:
✔ No more two-party monopoly. ✔ No more top-down control from Nashville. ✔ No more political games at the expense of your liberty. ✔ A government that governs less and protects more.
⚖️ What Stays the Same?
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Jury trials, open courts, and elected representatives remain.
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Local governments still serve the people.
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The right to bear arms is preserved.
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Courts still protect life, liberty, and property.
But what’s new is how clearly your freedom is defended—and how tightly government is restrained.
👥 Who Supports It?
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Constitutional scholars
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Local officials tired of unfunded mandates
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Business owners who want fair rules
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Everyday Tennesseans who value liberty
📜 The Bottom Line
This is your Constitution. Built for citizens. Grounded in liberty. Structured to last
This Constitution doesn’t give you new rights—it protects the rights you already have. It brings government back under control. It honors your work, your voice, and your freedom.
✅ Read It. Share It. Support It.
Preamble
We, the
Delegates and Representatives of the people of the State of Tennessee, duly
elected, and in Convention assembled, in pursuance of said Act of Assembly,
have ordained and established the following Constitution and form of government
for this State, which we recommend to the people of Tennessee for their
ratification: That is to say
ARTICLE I.
Declaration of Rights.
Section
1. That all power is inherent in the people, and all free governments are
founded on their authority, and instituted for their peace, safety, and
happiness; for the advancement of those ends they have at all times, an
unalienable and indefeasible right to alter, reform, or abolish the government
in such manner as they may think proper.
Section
2. That government being instituted for the common benefit, the doctrine of
nonresistance against arbitrary power and oppression is absurd, slavish, and
destructive of the good and happiness of mankind.
Section
3. That all men have a natural and indefeasible right to worship Almighty God
according to the dictates of their own conscience; that no man can of right be
compelled to attend, erect, or support any place of worship, or to maintain any
minister against his consent; that no human authority can, in any case
whatever, control or interfere with the rights of conscience; and that no
preference shall ever be given, by law, to any religious establishment or mode
of worship.
Section
4. That no political or religious test, other than an oath to support the
Constitution of the United States and of this State, shall ever be required as
a qualification to any office or public trust under this State.
Section
5. The elections shall be free and equal, and the right of suffrage, as
hereinafter declared, shall never be denied to any person entitled thereto,
except upon a conviction by a jury of some felony crime, previously ascertained
and declared by law, and judgment thereon by court of competent jurisdiction or
due to a mental incapacity previously ascertained by a court of competent
jurisdiction.
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 shall not to 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 liberty or property, but by the judgment of his peers and 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.
Section
10. That no person shall, for the same offence, be twice put in jeopardy of
life or limb.
Section
11. That laws made for the punishment of acts committed previous to the
existence of such laws, and by them only declared criminal, are contrary to the
principles of a free Government; wherefore no Ex post facto law shall be made.
Section
12. That no conviction shall work corruption of blood or forfeiture of estate.
The estate of such persons as shall destroy their own lives shall descend or
vest as in case of natural death. If any person be killed by casualty, there
shall be no forfeiture in consequence thereof.
Section
13. That no person arrested and confined in jail shall be treated with
unnecessary rigor.
Section
14. That no person shall be put to answer any criminal charge but by
presentment, indictment or impeachment.
Section
15. That no person shall be convicted of a criminal offense unless both a
voluntary act or omission and a culpable mental state—defined as criminal
intent, knowledge, or recklessness—have been proven beyond a reasonable doubt.
No criminal law shall be enacted unless it includes one of these levels of
culpability as an essential element of the offense.
Section
16. That all prisoners shall be bailable by sufficient sureties, unless for
capital offences, when the proof is evident, or the presumption great. And the
privilege of the writ of Habeas Corpus shall not be suspended.
Section
17. That excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
Section
18. That all courts shall be open; and every man, for an injury done him in his
lands, goods, person or reputation, shall have remedy by due course of law, and
right and justice administered without sale, denial, or delay. Suits may be
brought against the State in such manner and in such courts as the Legislature
may by law direct.
Section
19. The Legislature shall pass no law authorizing imprisonment for debt in
civil cases.
Section
20. That the press shall be free to every person to examine the proceedings of
the Legislature; or of any branch or officer of the government, and no law
shall ever be made to restrain the right thereof. The free communication of
thoughts and opinions, is one of the invaluable rights of man and every citizen
may freely speak, write, and print on any subject, being responsible for the
abuse of that liberty. But in prosecutions for the publication of papers
investigating the official conduct of officers, or men in public capacity, the
truth thereof may be given in evidence; and in all indictments for libel, the
jury shall have a right to determine the law and the facts, under the direction
of the court, as in other criminal cases.
Section
21. That no retrospective law, or law impairing the obligations of contracts,
shall be made.
Section
22. That no man’s property shall be taken, or applied to public use, without
the consent of his representatives and without just compensation being made
therefore. Public use shall not include either private use or benefit, or the
indirect public benefits resulting from private economic development and
private commercial enterprise, including increased tax revenue and increased
employment opportunity.
Section
23. That perpetuities and monopolies are contrary to the genius of a free
State, and shall not be allowed.
Section
24. That the citizens have a right, in a peaceable manner, to assemble together
for their common good, to instruct their representatives, and to apply to those
invested with the powers of government for redress of grievances, or other
proper purposes, by address or remonstrance.
Section
25. That the sure and certain defense of a free people, is a well-regulated
militia; and, as standing armies in time of peace are dangerous to freedom,
they ought to be avoided as far as the circumstances and safety of the
community will admit; and that in all cases the military shall be kept in
strict subordination to the civil authority.
Section
26. That no citizen of this State, except such as are employed in the army of
the United States, or militia in actual service, shall be subjected to
punishment under the martial or military law. That martial law, in the sense of
the unrestricted power of military officers, or others, to dispose of the
persons, liberties or property of the citizen, is inconsistent with the
principles of free government, and is not confided to any department of the
government of this State.
Section
27. That the citizens of this State have a right to keep and to bear arms
except in consequence to a conviction for violent felony crimes committed
against persons or upon an adjudication of incapacity.
Section
28. That no soldier shall, in time of peace, be quartered in any house without
the consent of the owner.
Section
29. That no citizen of this State shall be compelled to bear arms.
Section
30. That an equal participation in the free navigation of the Mississippi, is
one of the inherent rights of the citizens of this State; it cannot, therefore,
be conceded to any prince, potentate, power, person or persons whatever.
Section
31. That no hereditary emoluments, privileges, or honors, shall ever be granted
or conferred in this State.
Section
32. That the limits and boundaries of this State be ascertained, it is declared
they are as hereafter mentioned, that is to say: Beginning on the extreme
height of the Stone Mountain, at the place where the line of Virginia
intersects it, in latitude thirty-six degrees and thirty minutes north; running
thence along the extreme height of the said mountain, to the place where
Watauga river breaks through it; thence a direct course to the top of the
Yellow Mountain, where Bright’s road crosses the same; thence along the ridge
of said mountain, between the waters of Doe river and the waters of Rock creek,
to the place where the road crosses the Iron Mountain; from thence along the
extreme height of said mountain, to the place where Nolichucky river runs
through the same; thence to the top of the Bald Mountain; thence along the
extreme height of said mountain to the Painted Rock on French Broad river;
thence along the highest ridge of said mountain, to the place where it is
called the Great Iron or Smoky Mountain; thence along the extreme height of
said mountain to the place where it is called Unicoi or Unaka Mountain, between
the Indian towns of Cowee and Old Chota; thence along the main ridge of the
said mountain to the southern boundary of this state, as described in the act
of cession of North Carolina to the United States of America; and that all the
territory, lands and waters lying west of said line, as before mentioned, and
contained within the chartered limits of the state of North Carolina, are within
the boundaries and limits of this state, over which the people have the right
of exercising sovereignty, and the right of soil, so far as is consistent with
the Constitution of the United States, recognizing the Articles of
Confederation, the Bill of Rights and Constitution of North Carolina, the
cession act of the said State, and the ordinance of Congress for the government
of the territory north west of Ohio; Provided, nothing herein contained shall
extend to affect the claim or claims of individuals to any part of the soil
which is recognized to them by the aforesaid cession act; And provided also,
that the limits and jurisdiction of this State shall extend to any other land
and territory now acquired, or that may hereafter be acquired, by compact or
agreement with other States, or otherwise, although such land and territory are
not included within the boundaries herein before designated.
Section
33. That the erection of safe prisons, the inspection of prisons, and the
humane treatment of prisoners, shall be provided for.
Section
34. Slavery shall not exist in the State of Tennessee and the General Assembly
shall make no law recognizing the right of property in man.
Section
35. To preserve and protect the rights of victims of crime to justice and due
process, victims shall be entitled to the following basic rights:
(a).
The right to confer with the prosecution.
(b).
The right to be free from intimidation, harassment and abuse throughout the
criminal justice system.
(c).
The right to be present at all proceedings where the defendant has the right to
be present.
(d).
The right to be heard, when relevant, at all critical stages of the criminal
justice process as defined by the General Assembly.
(e).
The right to be informed of all proceedings, and of the release, transfer or
escape of the accused or convicted person.
(f).
The right to a speedy trial or disposition and a prompt and final conclusion of
the case after the conviction or sentence.
(g).
The right to restitution from the offender.
(h).
The right to be informed of each of the rights established for victims. The
General Assembly has the authority to enact substantive and procedural laws to
define, implement, preserve and protect the rights guaranteed to victims by
this section.
Section
36. Nothing in this Constitution secures or protects a right to abortion or
requires the funding of an abortion. The people retain the right through their
elected state representatives and state senators to enact, amend, or repeal
statutes regarding abortion, including, but not limited to, circumstances of
pregnancy resulting from rape or incest or when necessary to save the life of
the mother.
Section
37. The Legislature shall pass no law to interfere in the commerce of the
people of the state or mandate actions by any individual in furtherance of any
economic or commercial policy.
Section
38. The Legislature shall pass no law to create, or engage in, any business,
professional, commercial, financial or industrial enterprise.
Section
39. The Legislature shall pass no law to abridge the freedoms of production,
commerce and the voluntary and free exchange of goods and services.
Section
40. That no person shall be deprived of their right to life as punishment for
any criminal act.
ARTICLE II.
Legislative Department.
Section
1. The Legislative authority of this State shall be vested in a General
Assembly, which shall consist of a Senate and House of Representatives.
Representatives shall hold office for three years and Senators for nine years
from the day of the general election, except that the Speaker of the Senate and
the Speaker of the House of Representatives, each shall hold their office as
Speaker for three years or until their successor is elected and qualified.
Section
2. The Senate shall be composed of sixty-six members, twenty-two from each
Grand Division of the State, provided however, that in the first general
election after adoption of this amendment Senators shall be divided into three
classes, each composed exclusively of the Senators from one of the three Grand
Divisions of the State, so that one-third may be selected every third year from
a single Grand Division on a rotating basis. Senators shall be selected by the
county legislative bodies, exclusive of the County Executive, within each Grand
Division, pursuant to procedures prescribed by law, with the vote of each county
weighted in proportion to its population within the Grand Division as
determined by the most recent federal census, provided that no county shall be
wholly excluded from participation in the process.
Section
3. The apportionment of Representatives shall be substantially according to
population. After each decennial census made by the Bureau of Census of the
United States is available the General Assembly shall establish representative
districts. Nothing in this Section nor in this Article II shall deny to the
General Assembly the right at any time to apportion the House of the General
Assembly using geography, political subdivisions, substantially equal
population and other criteria as factors; provided such apportionment when
effective shall comply with the Constitution of the United States as then
amended or authoritatively interpreted. If the Constitution of the United
States shall require that Legislative apportionment not based entirely on
population be approved by vote of the electorate, the General Assembly shall
provide for such vote in the apportionment act.
Section
4. The House of Representatives shall consist of one hundred ninety-eight
members, elected according to the principles of proportional representation
from thirty three districts and each such district shall elect six members. All
districts shall be contiguous.
Section
5. Elections for the House of Representatives shall be conducted using a
proportional voting method that:
(a)
Allows
each voter to express preferences among multiple candidates in the district,
either by ranking, scoring, or other means of indicating relative support on a
single ballot;
(b)
Allocates
the six seats in each district in a manner that reflects the distribution of
voter preferences, so that distinct groups of voters receive representation in
proportion to their share of the vote;
(c)
Does
not rely on plurality, winner-take-all, or block voting systems that prevent
proportional outcomes;
(d)
Ensures
that every candidate competes under the same rules and that the method does not
structurally advantage or disadvantage any political group or independent
candidate; and
(e)
Is
designed to minimize wasted votes and to promote fair and effective
representation for the electorate.
Section
6. At each triennial general election, held on the first Tuesday after the
first Monday in November, all Representatives shall be elected by the qualified
voters. On the same day, Senators shall be selected only from the Grand
Division whose Senators' terms have expired, by the county legislative bodies
pursuant to the method prescribed in Section 2. These processes shall conclude
on the day of the election.
Section
7. Legislative Sessions—Governor’s Inauguration—The General Assembly shall meet
in organizational session on the second Tuesday in January next succeeding the
election of the members of the House of Representatives, at which session, if
in order, the Governor shall be inaugurated. The General Assembly shall remain
in session for organizational purposes not longer than fifteen consecutive
calendar days, during which session no legislation shall be passed on third and
final consideration. Thereafter, the General Assembly shall meet on the first
Tuesday next following the conclusion of the organizational session unless the
General Assembly by joint resolution of both houses sets an earlier date. The
General Assembly may by joint resolution recess or adjourn until such time or
times as it shall determine. It shall be convened at other times by the
Governor as provided in Article III, Section 9, or by the Speakers of both
Houses at the written request of two-thirds of the members of each House.
Section
8. No person shall be a Representative unless the person shall be a citizen of
the United States, of the age of twenty-one years, and shall have been a
citizen of this State for three years, and a resident in the district the
person represents one year, immediately preceding the election.
Section
9. No person shall be a Senator unless the person shall be a citizen of the
United States, of the age of thirty years, and shall have resided three years
in this State, and shall have resided one year in a county within the Grand
Division immediately preceding the selection. No Senator or Representative
shall, during the time for which the person was elected, be eligible to any
office or place of trust, the appointment to which is vested in the Executive
or the General Assembly.
Section
10. The Senate and House of Representatives, when assembled, shall each choose
a speaker and its other officers; be judges of the qualifications and election
of its members, and sit upon its own adjournments from day to day. Not less
than two-thirds of all the members to which each house shall be entitled shall
constitute a quorum to do business; but a smaller number may adjourn from day
to day, and may be authorized, by law, to compel the attendance of absent
members.
Section
11. Each House may determine the rules of its proceedings, punish its members
for disorderly behavior, and, with the concurrence of two-thirds, expel a
member, but not a second time for the same offence; and shall have all other
powers necessary for a branch of the Legislature of a free State.
Section
12. Senators and representatives shall, in all cases, except treason, felony,
or breach of the peace, be privileged from arrest during the session of the
General Assembly, and in going to and returning from the same; and for any
speech or debate in either House, they shall not be questioned in any other
place.
Section
13. Each House may punish, by imprisonment, during its session, any person not
a member, who shall be guilty of disrespect to the House, by any disorderly or
any contemptuous behavior in its presence.
Section
14. Senate Vacancies.
When the
seat of any member of the Senate becomes vacant, the vacancies shall be filled
as follows:
(a) The county legislative bodies of
the affected Grand Division shall, within ninety days, convene in council to
select a replacement for the unexpired term, following the same
population-weighted voting procedure as prescribed for regular selections. If
the Legislature is in session and the council has not yet acted, the presiding
officer of the Senate may request the Governor to convene the county
legislative bodies in special session for the purpose of making the selection.
(b) In the event that the county
legislative bodies fail to fill the vacancy within ninety days, the Governor
shall appoint a temporary Senator from the same Grand Division to serve until
the council makes a lawful selection or until the expiration of the term,
whichever comes first.
(c) No county shall be excluded from
participation in the vacancy-filling process, and all votes shall be weighted
in accordance with the most recent federal census.
Section
15. House Vacancies.
When
the seat of any member of the House becomes vacant, the vacancies shall be
filled as follows:
(a) To the extent practicable and in
accordance with the principles of proportional representation a successor shall
be elected by the qualified voters of the district represented maintaining the
electoral percentages of the most recent election, and such successor shall
serve the remainder of the original term. The election shall be held within
such time as provided by law.
(b) Only a qualified voter of the
district represented shall be eligible to succeed to the vacant seat.
Section
16. Neither House shall, during its session, adjourn without the consent of the
other for more than three days, nor to any other place than that in which the
two Houses shall be sitting.
Section
17. Bills may originate in either House; but may be amended, altered or
rejected by the other. No bill shall become a law which
embraces more than one subject, that subject to be expressed in the title. All
acts which repeal, revive or amend former laws, shall recite in their caption,
or otherwise, the title or substance of the law repealed, revived or amended.
Section
18. Bills may also originate by an initiative of the people whenever proposed
by an application containing the bill to be initiated. The application shall be
signed by not less than one hundred qualified voters as sponsors, and shall be
filed with the Secretary of State. If he finds it in proper form he shall so
certify. Denial of certification shall be subject to judicial review.
After
certification of the application, a petition containing a summary of the
subject matter shall be prepared by the Secretary of State for circulation by
the sponsors. If signed by qualified voters who are equal in number to at least
ten per cent (10%) of those who voted in the preceding general election,
one-third of whom shall be from each of the three grand divisions of the state,
it shall be considered by each House of the General Assembly but may be
amended, altered or rejected by either. No bill initiated by petition shall
become a law which embraces more than one subject, that subject to be expressed
in the title. All acts which repeal, revive or amend former laws, shall recite
in their caption, or otherwise, the title or substance of the law repealed,
revived or amended.
Section
19. A bill shall become law when it has been considered and passed on three
different days in each House and on third and final consideration has received
the assent of a majority of all the members to which each House is entitled
under this Constitution, when the respective speakers have signed the bill with
the date of such signing appearing in the Journal, and when the bill has been
approved by the Governor or otherwise passed under the provisions of this
Constitution.
Section
20. After a bill has been rejected, no bill containing the same substance shall
be passed into a law during the same session.
Section
21. The style of the laws of this state shall be, “Be it enacted by the General
Assembly of the State of Tennessee.” No law of a general nature shall take
effect until forty days after its passage unless the same or the caption
thereof shall state that the public welfare requires that it should take effect
sooner.
Section
22. Each House shall keep a journal of its proceedings, and publish it, except
such parts as the welfare of the state may require to be kept secret; the ayes
and noes shall be taken in each House upon the final passage of every bill of a
general character, and bills making appropriations of public moneys; and the
ayes and noes of the members on any question, shall, at the request of any five
of them, be entered on the journal.
Section
23. The doors of each House and of committees of the whole shall be kept open,
unless when the business shall be such as ought to be kept secret.
Section
24. Each member of the General Assembly shall receive an annual salary as may
be provided by law, payable in equal monthly installments from the date of his
election, and in addition, such other allowances for expenses in attending
sessions or committee meetings as may be provided by law. The Senators, when
sitting as a Court of Impeachment, shall receive the same allowances for
expenses as have been provided by law for the members of the General Assembly.
The compensation and expenses of the members of the General Assembly may from
time to time be reduced or increased by laws enacted by the General Assembly;
however, no increase or decrease in the amount thereof shall take effect until
the next general election for Representatives to the General Assembly. Provided,
further, that the first General Assembly meeting after adoption of this
amendment shall be allowed to set its own expenses. However, no member shall be
paid expenses, nor travel allowances for more than one hundred thirty-five
Legislative days of a regular session, excluding the organization session, nor
for more than thirty Legislative days of any extraordinary session.
Section
25. Appropriation of public moneys.
No
public money shall be expended except pursuant to appropriations made by law.
Expenditures for any fiscal year shall not exceed the state’s revenues and
reserves, including the proceeds of any debt obligation, for that year. No debt
obligation, except as shall be repaid within the fiscal year of issuance, shall
be authorized for the current operation of any state service or program, nor
shall the proceeds of any debt obligation be expended for a purpose other than
that for which it was authorized. In no year shall the rate of growth of
appropriations from state tax revenues exceed the estimated rate of growth of
the state’s economy as determined by law. No appropriation in excess of this
limitation shall be made unless the General Assembly shall, by law containing
no other subject matter, set forth the dollar amount and the rate by which the
limit will be exceeded. Any law requiring the expenditure of state funds shall
be null and void unless, during the session in which the act receives final
passage, an appropriation is made for the estimated first year’s funding. No
law of general application shall impose increased expenditure requirements on
cities or counties unless the General Assembly shall provide that the state
share in the cost. An accurate financial statement of the state’s fiscal
condition shall be published annually.
Section
26. No person who heretofore hath been, or may hereafter be, a collector or
holder of Public Moneys, shall have a seat in either House of the General
Assembly, or hold any other office under the State Government, until such
person shall have accounted for, and paid into the Treasury, all sums for which
he may be accountable or liable.
Section
27. No Judge of any Court of law or equity, Secretary of State, Attorney
General, Register, Clerk of any court of Record, or person holding any office
under the authority of the United States, shall have a seat in the General
Assembly; nor shall any person in this State hold more than one lucrative
office at the same time; provided, that no appointment in the Militia, or to
the Office of Justice of the Peace, shall be considered a lucrative office, or
operative as a disqualification to a seat in either House of the General
Assembly. This section shall not apply with regard to the Speaker of the Senate
or the Speaker of the House of Representatives temporarily discharging the
powers and duties of the office of Governor as Acting Governor under Article
III, Section 12.
Section
28. Any member of either House of the General Assembly shall have liberty to
dissent from and protest against, any act or resolve which he may think
injurious to the Public or to any individual, and to have the reasons for his
dissent entered on the journals.
ARTICLE III.
Executive Department.
Section
1. The Supreme Executive power of this State shall be vested in a Governor.
Section 2. The Governor shall have
the duty to preserve, protect, and defend the Constitution of this State. The
Governor shall ensure that no law enacted, nor any action taken by the
institutions of this State, shall violate the provisions of this Constitution.
The Governor may call public attention to any act or measure that, in the
Governor’s judgment, is inconsistent with the Constitution and may recommend
its reconsideration
Section 3. The Governor shall be
chosen by the Grand Council of the State. The Grand Council shall consist of
all members of the General Assembly and the chief executive of every county of
the State.
Section
4. The Governor shall be at least thirty years of age, shall be a citizen of
the United States, and shall have been a citizen of this State seven years next
before his election. He shall not be a member of the General Assembly nor shall
the he hold any other office of profit or trust of the United States or State
of Tennessee for a period of seven years before his election.
Section
6. The Governor shall be commander-in-chief of the Army and Navy of this state,
and of the Militia, except when they shall be called into the service of the
United States; But the Militia shall not be called into service except in case
of rebellion or invasion, and then only when the General Assembly shall
declare, by law, that the public safety requires it.
Section
9. The Governor shall have power to grant reprieves and pardons, after
conviction, except in cases of impeachment.
Section
10. The Governor shall, at stated times, receive a compensation for his
services, which shall not be increased or diminished during the period for
which he shall have been elected.
Section
11. The Governor may, on extraordinary occasions, convene the General Assembly
by proclamation, in which he shall state specifically the purposes for which
they are to convene; but they shall enter on no legislative business except
that for which they were specifically called together.
Section 12. In case of the removal of the Governor from office, or of his death, or resignation, the powers and duties of the office shall devolve on the Speaker of the Senate until a new governor is chosen.
Whenever
a majority of the commissioners of administrative departments of the Executive
Department transmits to the Premier, the Secretary of State and the Speaker of
the Senate their written, signed declaration that the Governor is unable to
discharge the powers and duties of the office, the Speaker of the Senate shall
immediately assume the powers and duties of the office as Acting Governor until
the Governor transmits to the same officials a written, signed declaration that
the Governor is able to discharge the powers and duties of the office.
Whenever the Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker's position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker's salary and not receive the Governor's salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting Governor.
Section
13. No member of Congress, or person holding any office under the United
States, or this State, shall execute the office of Governor except as provided
in Article III, Section 12 with regard to the Speaker of the Senate temporarily
discharging the powers and duties of the office of Governor as Acting Governor.
Section
14. When any officer, the right of whose appointment is by this Constitution
vested in the General Assembly, shall, during the recess, die, or the office,
by the expiration of the term, or by other means, become vacant, the Governor
shall have the power to fill such vacancy by granting a temporary commission,
which shall expire at the end of the next session of the Legislature.
Section
15. There shall be a Seal of this State, which shall be kept by the Governor,
and used by him officially, and shall be called the Great Seal of the State of
Tennessee.
Section
16. All grants and commissions shall be in the name and by the authority of the
State of Tennessee, be sealed with the State Seal, and signed by the Governor.
Section
17. Every bill which may pass both Houses of the General Assembly shall, before
it becomes a law, be presented to the Governor for his signature. If he
approve, he shall sign it, and the same shall become a law; but if he refuse to
sign it, he shall return it with his objections thereto, in writing, to the
house in which it originated; and said House shall cause said objections to be
entered at large upon its journal, and proceed to reconsider the Bill. If after
such reconsideration, a majority of all the members elected to that House shall
agree to pass the Bill, notwithstanding the objections of the Executive, it
shall be sent, with said objections, to the other House, by which it shall be
likewise reconsidered. If approved by a majority of the whole number elected to
that House, it shall become a law. The votes of both Houses shall be determined
by yeas and nays, and the names of all the members voting for or against the
Bill shall be entered upon the journals of their respective Houses.
If the
Governor shall fail to return any bill with his objections in writing within
ten calendar days (Sundays excepted) after it shall have been presented to him,
the same shall become a law without his signature. If the General Assembly by
its adjournment prevents the return of any bill within said ten-day period, the
bill shall become a law, unless disapproved by the Governor and filed by him
with his objections in writing in the office of the Secretary of State within
said ten-day period.
Every
Joint Resolution or order (except on question of adjournment and proposals of
specific amendments to the Constitution) shall likewise be presented to the
Governor for his signature; and on being disapproved by him shall, in like
manner, be returned with his objections; and the same, before it shall take
effect, shall be repassed by a majority of all the members elected to both
Houses in the manner and according to the rules prescribed in case of a Bill.
The
Governor may reduce or disapprove the sum of money appropriated by any one or
more items or parts of items in any bill appropriating money, while approving
other portions of the bill. The portions so approved shall become law, and the
items or parts of items disapproved or reduced shall be void to the extent that
they have been disapproved or reduced unless repassed as hereinafter provided.
The Governor, within ten calendar days (Sundays excepted) after the bill shall
have been presented to him, shall report the items or parts of items
disapproved or reduced with his objections in writing to the House in which the
bill originated, or if the General Assembly shall have adjourned, to the office
of the Secretary of State. Any such items or parts of items so disapproved or
reduced shall be restored to the bill in the original amount and become law if
repassed by the General Assembly according to the rules and limitations
prescribed for the passage of other bills over the executive veto.
ARTICLE IV.
Judicial Department.
Section
3. The Supreme Court shall consist of five Judges, of whom not more than two
shall reside in any one of the grand divisions of the State. The Judges shall
designate one of their own number who shall preside as Chief Justice. The
concurrence of three of the Judges shall in every case be necessary to a
decision. The jurisdiction of this Court shall be appellate only, under such
restrictions and regulations as may from time to time be prescribed by law; but
it may possess such other jurisdiction as is now conferred by law on the
present Supreme Court. Said Court shall be held at Knoxville, Nashville and
Jackson.
Section
4. Judges of the Supreme Court, intermediate appellate courts, and inferior
courts shall be appointed by the Governor for a single term of twenty-five
years and shall be confirmed by the Senate. Judges shall not be eligible for
reappointment to the same office after completing a full term. Confirmation by
default occurs if the Senate fails to reject an appointee within sixty calendar
days of either the date of appointment, if made during the annual legislative
session, or the convening date of the next annual legislative session, if made
out of session. The Legislature is authorized to prescribe such provisions as
may be necessary to carry out Sections two and three of this article. Every
judge of the Supreme Court and appellate courts shall have attained to the age
of thirty-five years, and shall, prior to appointment, have been a resident of
the state for five years. Judges of inferior courts shall have attained to the
age of twenty-five and shall, before his election, have been a resident of the
state for two years.
Section
5. An Attorney General and Reporter for the State, shall be appointed by the
Judges of the Supreme Court and confirmed by the Senate and shall hold office
for a term of eight years, eligible to succeed in office for one term. An
Attorney for the State for any circuit or district for which a Judge having
criminal jurisdiction shall have been provided by law, shall be appointed by
the Attorney General and confirmed by the Senate, and shall hold his office for
a term of eight years, eligible to succeed in office for two additional terms,
and shall have been a resident of the State five years, and of the circuit or
district one year. In all cases where the Attorney for any district fails or
refuses to attend and prosecute according to law, the Court shall have power to
appoint an Attorney pro tempore.
Section
6. Judges and Attorneys for the State may be removed from office by a
concurrent vote of both Houses of the General Assembly, each House voting
separately; but two-thirds of the members to which each House may be entitled
must concur in such vote. The vote shall be determined by ayes and noes, and
the names of the members voting for or against the Judge or Attorney for the
State together with the cause or causes of removal, shall be entered on the
Journals of each House respectively. The Judge or Attorney for the State,
against whom the Legislature may be about to proceed, shall receive notice
thereof accompanied with a copy of the causes alleged for his removal, at least
ten days before the day on which either House of the General Assembly shall act
thereupon.
Section
7. The Judges of the Supreme or Inferior Courts, shall, at stated times,
receive a compensation for their services, to be ascertained by law, which
shall not be increased or diminished during the time for which they are
elected. They shall not be allowed any fees or perquisites of office nor hold
any other office of trust or profit under this State or the United States.
Section
8. The jurisdiction of Courts, shall be as now established by law, until
changed by the Legislature.
Section
9. The Judges shall not charge juries with respect to matters of fact, but may
state the testimony and declare the law.
Section
10. The Judges or Justices of the Inferior Courts shall have power in all civil
cases to issue writs of certiorari to remove any cause or the transcript of the
record thereof, from any inferior jurisdiction, into such court of law, on
sufficient cause, supported by oath or affirmation.
Section
11. No Judge of the Supreme or Inferior Courts shall preside on the trial of
any cause in the event of which he may be interested, or where either of the
parties shall be connected with him by affinity of consanguinity, within such
degrees as may be prescribed by law, or in which he may have been of counsel,
or in which he may have presided in any inferior Court, except by consent of
all the parties. In case all or any of the Judges of the Supreme Court shall
thus be disqualified from presiding on the trial of any cause or causes, the
Court, or the Judges thereof, shall certify the same to the Governor of the
State, and he shall forthwith specially commission the requisite number of men,
of law knowledge, for the trial and determination thereof. The Legislature may
by general laws make provision that special Judges may be appointed, to hold
any Courts the Judge of which shall be unable or fail to attend or sit; or to
hear any cause in which the Judge may be incompetent.
Section
12. All writs and other process shall run in the name of the State of Tennessee
and bear test and be signed by the respective clerks. Indictments shall
conclude, “against the peace and dignity of the State.”
Section
13. Judges of those courts within each district or circuit shall appoint their
clerks. Any Clerk may be removed from office at the discretion of the
appointing court and with the concurrence of a majority of the judges of those courts within
the district or circuit served by the clerk.
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.
ARTICLE V.
The Premier.
Section 2. The person who receives
the votes of a majority of the members of the House of Representatives shall be
elected. The person elected shall be appointed by the Governor.
Section 3. If the person proposed
by the Governor is not elected, the House of Representatives may elect a
Premier after the ballot by the votes of more than one half of its members.
Section 4. Officers of the
executive departments shall be appointed and dismissed by the Governor upon the
proposal of the Premier.
Section 5. The Premier may require
information in writing, from the officers of the executive departments, upon
any subject relating to the duties of their respective offices.
Section 6. The Premier shall take
care that the laws be faithfully executed.
Section 7. The Premier shall, from
time to time, give to the General Assembly information of the state of the
government, and recommend for their consideration such measures as he shall
judge expedient.
Section 8. The House of
Representatives may express its lack of confidence in the Premier only by
electing a successor by the vote of a majority of its members and requesting
the Governor to dismiss the Premier. The Governor shall appoint the person elected.
ARTICLE VI.
Taxation.
Section
1. In accordance with the following provisions, all property real, personal, or
mixed shall be subject to taxation, but the Legislature shall not levy,
authorize, or otherwise permit any state tax upon such property, and the
Legislature may except such as may be held by the State, by Counties, Cities or
Towns, and used exclusively for public or corporation purposes, and such as may
be held and used for purposes purely religious, charitable, scientific,
literary or educational, and shall except the direct product of the soil in the
hands of the producer, and his immediate vendee, and the entire amount of money
deposited in an individual’s personal or family checking or savings accounts.
For purposes of taxation, property shall be classified into three classes, to
wit: Real Property, Tangible Personal Property and Intangible Personal
Property. Real property shall be classified into four (4) subclassifications
and assessed as follows:
(a)
Public Utility Property, to be assessed at fifty-five (55%) per cent of its
value;
(b)
Industrial and Commercial Property, to be assessed at forty (40%) per cent of
its value;
(c)
Residential Property, to be assessed at twenty-five (25%) per cent of its
value, provided that residential property containing two (2) or more rental
units is hereby defined as industrial and commercial property; and
(d)
Farm Property, to be assessed at twenty-five (25%) per cent of its value.
House
trailers, mobile homes, and all other similar movable structures used for
commercial, industrial, or residential purposes shall be assessed as Real
Property as an improvement to the land where located.
The
Legislature shall provide, in such a manner as it deems appropriate, tax relief
to elderly low-income taxpayers through payments by the State to reimburse all
or part of the taxes paid by such persons on owner-occupied residential
property, but such reimbursement shall not be an obligation imposed, directly
or indirectly, upon Counties, Cities, or Towns.
By
general law, the Legislature may authorize the following program of tax relief:
(a)
The legislative body of any county or municipality may provide by resolution or
ordinance that:
1.
Any taxpayer who is sixty-five (65) years of age or older and who owns
residential property as the taxpayer’s principal place of residence shall pay
taxes on such property in an amount not to exceed the maximum amount of tax on
such property imposed at the time the ordinance or resolution is adopted;
2.
Any taxpayer who reaches the age of sixty-five (65) after the time the
ordinance or resolution is adopted, who owns residential property as the
taxpayer’s principal place of residence shall thereafter pay taxes on such
property in an amount not to exceed the maximum amount of tax on such property
imposed in the tax year in which such taxpayer reaches age sixty-five (65); and
3. Any taxpayer who is sixty-five (65) years of age or older who purchases
residential property as the taxpayer’s principal place of residence after the
taxpayer’s sixty-fifth birthday shall pay taxes in an amount not to exceed the
maximum amount of tax imposed on such property in the tax year in which such
property is purchased.
(b)
Whenever the full market value of such property is increased as a result of
improvements to such property after the time the ordinance or resolution is
adopted, then the assessed value of such property shall be adjusted to include
such increased value and the taxes shall also be increased proportionally with
the value.
(c)
Any taxpayer or taxpayers who own residential property as their principal place
of residence whose total or combined annual income, or wealth exceeds an amount
to be determined by the General Assembly shall not be eligible to receive the
tax relief provided in subsection (a) or (b).
The
Legislature may provide tax relief to home owners totally and permanently
disabled, irrespective of age, as provided herein for the elderly. Tangible
Personal Property shall be classified into three (3) subclassifications and
assessed as follows:
(a)
Public Utility Property, to be assessed at fifty-five (55%) per cent of its
value;
(b)
Industrial and Commercial Property, to be assessed at thirty (30%) per cent of
its value; and
(c)
All other Tangible Personal Property, to be assessed at five (5%) per cent of
its value; provided, however, that the Legislature shall exempt Seven Thousand
Five Hundred ($7,500) Dollars worth of such Tangible Personal Property which
shall cover personal household goods and furnishings, wearing apparel and other
such tangible property in the hands of a taxpayer.
The
Legislature shall have power to classify Intangible Personal Property into
subclassifications and to establish a ratio of assessment to value in each
class or subclass, and shall provide fair and equitable methods of
apportionment of the value of same to this state for purposes of taxation.
Banks, Insurance Companies, Loan and Investment Companies, Savings and Loan
Associations, and all similar financial institutions, shall be assessed and
taxed in such manner as the Legislature shall direct; provided that the taxes
imposed upon such financial institutions, and paid by them, shall be in lieu of
all taxes on the redeemable or cash value of all of their outstanding shares of
capital stock, policies of insurance, customer savings and checking accounts,
certificates of deposit, and certificates of investment, by whatever name
called, including other intangible corporate property of such financial
institutions.
The
ratio of assessment to value of property in each class or subclass shall be
equal and uniform throughout the State, the value and definition of property in
each class or subclass to be ascertained in such manner as the Legislature
shall direct. Each respective taxing authority shall apply the same tax rate to
all property within its jurisdiction.
The
Legislature shall have power to tax merchants, peddlers, and privileges, in
such manner as they may from time to time direct, and the Legislature may levy
a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on
the inventories of merchandise held by such merchants and businesses for sale
or exchange. The portion of a merchant's capital used in the purchase of
merchandise sold by him to nonresidents and sent beyond the state, shall not be
taxed at a rate higher than the ad valorem tax on property. Notwithstanding the
authority to tax privileges or any other authority set forth in this
Constitution, the Legislature shall not levy, authorize or otherwise permit any
state or local tax upon income derived from stocks and bonds, payroll, earned
or unearned personal income or any state or local tax measured by payroll,
earned or unearned personal income.
Section
2. The General Assembly shall have power to levy a tax on the sales and use of
goods and services. Goods and services shall each be taxed equally and uniformly
throughout the State and no good or service shall be exempted from taxation.
The maximum rate of taxation shall be 3% and may only be increased by one
quarter of one percent during any session of the General Assembly, and then
only with the assent of three-fifths of each House of the General Assembly.
The
General Assembly shall have power to authorize the several Counties and
incorporated towns and cities of this state to levy a tax on the sales and use
of goods and services within their jurisdiction. Goods and services shall each be
taxed equally and uniformly and no good or service shall be exempted from
taxation. The maximum rate of taxation shall be 1% and may only be increased in
the County or Corporation by one eighth of one percent in one of two ways:
(a)
during
the six months prior to the election in which a new legislative body, of the
County or Corporation, as applicable, shall be chosen, and then only with the
assent of three-fifths of the legislative body or,
(b)
by
a majority of the voters during an election for the legislative body of the
County or Corporation, as applicable.
Section
3. The General Assembly shall have power to authorize the several Counties and
incorporated towns in this State, to impose taxes for County and Corporation
purposes respectively, in such manner as shall be prescribed by law; and all
property shall be taxed according to its value, upon the principles established
in regard to state taxation. But the credit of no County, City or Town shall be
given or loaned to or in aid of any person, company, association or
corporation, except upon an election to be first held by the qualified voters
of such county, city or town, and the assent of three-fourths of the votes cast
at said election. Nor shall any county, city or town become a stockholder with
others in any company, association or corporation except upon a like election,
and the assent of a like majority.
Section
4. No article, manufactured of the produce of this State, shall be taxed
otherwise than to pay inspection fees.
ARTICLE VII.
Elections.
Section
1. Every person, being eighteen years of age, being a citizen of the United
States, being a resident of the State for a period of time as prescribed by the
General Assembly, and being duly registered in the county of residence for a
period of time prior to the day of any election as prescribed by the General
Assembly, shall be entitled to vote in all federal, state, and local elections
held in the county or district in which such person resides. All such
requirements shall be equal and uniform across the state, and there shall be no
other qualification attached to the right of suffrage. The General Assembly
shall have power to enact laws requiring voters to vote in the election
precincts in which they may reside, and laws to secure the freedom of elections
and the purity of the ballot box.
Section
2. Laws may be passed excluding from the right of suffrage persons who may be
convicted of felony crimes or determined by courts of competent jurisdiction to
have a mental incapacity.
Section
3. Electors shall, in all cases, except treason, felony, or breach of the
peace, be privileged from arrest or summons, during their attendance at
elections, and in going to and returning from them.
Section
4. In all elections to be made by the General Assembly, the members thereof
shall vote viva voce, and their votes shall be entered on the journal. All
other elections shall be by ballot.
ARTICLE VIII.
Impeachments.
Section
1. The House of Representatives shall have the sole power of impeachment.
Section
2. All impeachments shall be tried by the Senate. When sitting for that purpose
the Senators shall be upon oath or affirmation, and the Chief Justice of the
Supreme Court, or if he be on trial, the Senior Associate Judge, shall preside
over them. No person shall be convicted without the concurrence of forty-four Senators. All Senators shall be sworn to try the officer impeached.
Section
3. The House of Representatives shall elect from their own body three members,
whose duty it shall be to prosecute impeachments. No impeachment shall be tried
until the Legislature shall have adjourned sine die, when the Senate shall
proceed to try such impeachment.
Section
4. The Governor, Judges of the Supreme Court, Judges of the Inferior Courts,
Attorneys for the State, Treasurer, Comptroller, and Secretary of State, shall
be liable to impeachment, whenever they may, in the opinion of the House of
Representatives, commit any crime in their official capacity which may require
disqualification; but judgment shall only extend to removal from office, and
disqualification to fill any office thereafter. The party shall, nevertheless,
be liable to indictment, trial, judgment and punishment according to law. The
Legislature now has, and shall continue to have, power to relieve from the
penalties imposed, any person disqualified from holding office by the judgment
of a Court of Impeachment.
Section
5. Justices of the Peace, and other civil officers, not hereinbefore mentioned,
for crimes or misdemeanors in office, shall be liable to indictment in such
courts as the Legislature may direct; and upon conviction, shall be removed
from office by said court, as if found guilty on impeachment; and shall be
subject to such other punishment as may be prescribed by law.
ARTICLE IX.
State and County Officers.
Section
1. The qualified voters of each county shall elect for terms of four years a
legislative body, a county executive, and a Sheriff. Their qualifications and
duties shall be prescribed by the General Assembly. Any officer shall be
removed for malfeasance or neglect of duty as prescribed by the General
Assembly.
The
legislative body shall be composed of representatives from districts in the
county as drawn by the county legislative body pursuant to statutes enacted by
the General Assembly. Districts shall be reapportioned at least every ten years
based upon the most recent federal census. The legislative body shall not
exceed twenty-five members, and no less than five representatives shall be
elected from a district. Any county organized under the consolidated government
provisions of Article XI, Section 8, of this Constitution shall be exempt from
having a county executive and a county legislative body as described in this
paragraph.
The
General Assembly may provide alternate forms of county government including the
right to charter and the manner by which a referendum may be called. The new
form of government shall replace the existing form if approved by a majority of
the voters in the referendum. No officeholder’s current term shall be
diminished by the ratification of this article.
Section
2. Vacancies in county offices shall be filled by the county legislative body,
and any person so appointed shall serve until a successor is elected at the
next election occurring after the vacancy and is qualified.
Section
3. There shall be a Treasurer and a Comptroller of the Treasury appointed for
the State, by the joint vote of both houses of the General Assembly, who shall
hold their offices for three years.
Section
4. A Secretary of State shall be appointed by joint vote of the General
Assembly, and commissioned during the term of six years; he shall keep a fair
register of all the official acts and proceedings of the Governor; and shall,
when required lay the same, and all papers, minutes and vouchers relative
thereto, before the General Assembly; and shall perform such other duties as
shall be enjoined by law.
Section
5. The election of all officers, and the filling of all vacancies not otherwise
directed or provided by this Constitution, shall be made in such manner as the
Legislature shall direct.
Section
6. Elections for other civil officers shall be held forever on the first
Thursday in August next preceding the expiration of their respective terms of
service. The term of each officer so elected shall be computed from the first
day of September next succeeding his election. The term of office of the
Governor and other executive officers shall be computed from the fifteenth of
January next after the election of the Governor. No appointment or election to
fill a vacancy shall be made for a period extending beyond the unexpired term.
Every officer shall hold his office until his successor is elected or
appointed, and qualified. No special election shall be held to fill a vacancy
in the office of Judge, but at the time herein fixed for the biennial election
of civil officers, and such vacancy shall be filled at the next Biennial
election recurring more than thirty days after the vacancy occurs.
ARTICLE X.
Oaths, Bribery of Electors, New
Counties.
Section
1. Every person who shall be chosen or appointed to any office of trust or
profit under this Constitution, or any law made in pursuance thereof, shall,
before entering on the duties thereof, take an oath to support the Constitution
of this State, and of the United States, and an oath of office.
Section
2. Each member of the Senate and House of Representatives, shall before they
proceed to business take an oath or affirmation to support the Constitution of
this State, and of the United States and also the following oath: I
_____________do solemnly swear (or affirm) that as a member of this General
Assembly, I will, in all appointments, vote without favor, affection,
partiality, or prejudice; and that I will not propose or assent to any bill,
vote or resolution, which shall appear to me injurious to the people, or
consent to any act or thing, whatever, that shall have a tendency to lessen or
abridge their rights and privileges, as declared by the Constitution of this
State.
Section
3. Any elector who shall receive any gift or reward for his vote, in meat,
drink, money or otherwise, shall suffer such punishment as the laws shall
direct. And any person who shall directly or indirectly give, promise or bestow
any such reward to be elected, shall thereby be rendered incapable, for six
years, to serve in the office for which he was elected, and be subject to such
further punishment as the Legislature shall direct.
Section
4. New Counties may be established by the Legislature to consist of not less
than two hundred and seventy-five square miles, and which shall contain a
population of seven hundred qualified voters; no line of such County shall
approach the Court House of any old County from which it may be taken nearer
than eleven miles, nor shall such old County be reduced to less than five
hundred square miles.
No part
of a County shall be taken off to form a new County or a part thereof without
the consent of two-thirds of the qualified voters in such part taken off; and
where an old County is reduced for the purpose of forming a new one, the Seat
of Justice in said old County shall not be removed without the concurrence of
two-thirds in both branches of the Legislature, nor shall the seat of Justice
of any County be removed without the concurrence of two-thirds of the qualified
voters of the County. The fractions taken from old Counties to form new
Counties or taken from one County and added to another shall continue liable
for their pro rata of all debts contracted by their respective Counties prior
to the separation, and be entitled to their proportion of any stocks or credits
belonging to such old Counties.
Section
5. The citizens who may be included in any new County shall vote with the
County or Counties from which they may have been stricken off, for members of
Congress, for Governor and for members of the General Assembly until the next
apportionment of members to the General Assembly after the establishment of
such new County.
ARTICLE XI.
Miscellaneous Provisions.
Section
1. All laws and ordinances now in force and use in this State, not inconsistent
with this Constitution, shall continue in force and use until they shall
expire, be altered or repealed by the Legislature; but ordinances contained in
any former Constitution or schedule thereto are hereby abrogated.
Section
2. Nothing contained in this Constitution shall impair the validity of any
debts or contracts, or affect any rights of property or any suits, actions,
rights of action or other proceedings in Courts of Justice.
Section
3. Any amendment or amendments to this Constitution may be proposed in the
Senate or House of Representatives, and if the same shall be agreed to by a
majority of all the members elected to each of the two Houses, such proposed
amendment or amendments shall be entered on their Journals with the yeas and
nays thereon, and referred to the General Assembly then next to be chosen; and
shall be published six months previous to the time of making such choice; and
if in the General Assembly then next chosen as aforesaid, such proposed
amendment or amendments shall be agreed to by two-thirds of all the members
elected to each House, then it shall be the duty of the General Assembly to
submit such proposed amendment or amendments to the people, at the next general
election in which the House of Representatives is to be chosen. And if the
people shall approve and ratify such amendment or amendments by a three-fifths majority
of all the citizens of the State, such amendment or amendments shall become a
part of this Constitution. When any amendment or amendments to the Constitution
shall be proposed in pursuance of the foregoing provisions the same shall at
each of said sessions be read three times on three several days in each House.
The
Legislature shall have the right by law to submit to the people, at any general
election, the question of calling a convention to alter, reform, or abolish
this Constitution, or to alter, reform or abolish any specified part or parts
of it; and when, upon such submission, a majority of all the voters voting upon
the proposal submitted shall approve the proposal to call a convention, the
delegates to such convention shall be chosen at the next general election and
the convention shall assemble for the consideration of such proposals as shall
have received a favorable vote in said election, in such mode and manner as
shall be prescribed. No change in, or amendment to, this Constitution proposed
by such convention shall become effective, unless within the limitations of the
call of the convention, and unless approved and ratified by a three-fifths majority
of the qualified voters voting separately on such change or amendment at an
election to be held in such manner and on such date as may be fixed by the convention.
No such convention shall be held oftener than once in six years.
Section
4. The Legislature shall have no power to grant divorces; but may authorize the
Courts of Justice to grant them for such causes as may be specified by law; but
such laws shall be general and uniform in their operation throughout the State.
Section
5. The Legislature shall have no power to change the names of persons, or to
pass acts adopting or legitimatizing persons; but shall, by general laws,
confer this power on the Courts.
Section
6. The General Assembly shall define and regulate interest, and set maximum
effective rates thereof. If no applicable statute is hereafter enacted, the
effective rate of interest collected shall not exceed ten percent (10%) per
annum. All provisions of existing statutes regulating rates of interest and
other charges on loans shall remain in full force and effect until July 1,
1980, unless earlier amended or repealed.
Section
7. The Legislature shall have no power to suspend any general law for the
benefit of any particular individual, nor to pass any law for the benefit of
individuals inconsistent with the general laws of the land; nor to pass any law
granting to any individual or individuals, rights, privileges, immunity,
[immunities] or exemptions other than such as may be, by the same law extended
to any member of the community, who may be able to bring himself within the
provisions of such law. No corporation shall be created or its powers increased
or diminished by special laws but the General Assembly shall provide by general
laws for the organization of all corporations, hereafter created, which laws
may, at any time, be altered or repealed, and no such alteration or repeal
shall interfere with or divest rights which have become vested.
Section
8. The Legislature shall have the right to vest such powers in the Courts of
Justice, with regard to private and local affairs, as may be expedient.
The
General Assembly shall have no power to pass a special, local or private act
having the effect of removing the incumbent from any municipal or county office
or abridging the term or altering the salary prior to the end of the term for
which such public officer was selected, and any act of the General Assembly
private or local in form or effect applicable to a particular county or
municipality either in its governmental or its proprietary capacity shall be
void and of no effect unless the act by its terms either requires the approval
of a two-thirds vote of the local legislative body of the municipality or
county, or requires approval in an election by a majority of those voting in
said election in the municipality or county affected.
Any
municipality may by ordinance submit to its qualified voters in a general or
special election the question: “Shall this municipality adopt home rule?”
In the
event of an affirmative vote by a majority of the qualified voters voting
thereon, and until the repeal thereof by the same procedure, such municipality
shall be a home rule municipality, and the General Assembly shall act with
respect to such home rule municipality only by laws which are general in terms
and effect.
Any
municipality after adopting home rule may continue to operate under its
existing charter, or amend the same, or adopt and thereafter amend a new
charter to provide for its governmental and proprietary powers, duties and
functions, and for the form, structure, personnel and organization of its
government, provided that no charter provision except with respect to
compensation of municipal personnel shall be effective if inconsistent with any
general act of the General Assembly and provided further that the power of
taxation of such municipality shall not be enlarged or increased except by
general act of the General Assembly. The General Assembly shall by general law
provide the exclusive methods by which municipalities may be created, merged,
consolidated and dissolved and by which municipal boundaries may be altered.
A
charter or amendment may be proposed by ordinance of any home rule
municipality, by a charter commission provided for by act of the General
Assembly and elected by the qualified voters of a home rule municipality voting
thereon or, in the absence of such act of the General Assembly, by a charter
commission of seven (7) members, chosen at large not more often than once in
two (2) years, in a municipal election pursuant to petition for such election
signed by qualified voters of a home rule municipality not less in number than
ten (10%) percent of those voting in the then most recent general municipal
election.
It
shall be the duty of the legislative body of such municipality to publish any
proposal so made and to submit the same to its qualified voters at the first
general state election which shall be held at least sixty (60) days after such
publication and such proposal shall become effective sixty (60) days after
approval by a majority of the qualified voters voting thereon.
The
General Assembly shall not authorize any municipality to tax incomes, estates,
or inheritances, or to impose any other tax not authorized by Sections 1, 2 or
3 of Article VI of this Constitution. Nothing herein shall be construed as
invalidating the provisions of any municipal charter in existence at the time
of the adoption of this amendment.
The
General Assembly may provide for the consolidation of any or all of the
governmental and corporate functions now or hereafter vested in municipal
corporations with the governmental and corporate functions now or hereafter
vested in the counties in which such municipal corporations are located;
provided, such consolidations shall not become effective until submitted to the
qualified voters residing within the municipal corporation and in the county
outside thereof, and approved by a majority of those voting within the
municipal corporation and by a majority of those voting in the county outside
the municipal corporation.
Section
9. There shall be a homestead exemption from execution in an amount of five
thousand dollars or such greater amount as the General Assembly may establish.
The General Assembly shall also establish personal property exemptions. The
definition and application of the homestead and personal property exemptions
and the manner in which they may be waived shall be as prescribed by law.
Section
10. The General Assembly shall have power to enact laws for the protection and
preservation of game and fish, within the state, and such laws may be enacted
for and applied and enforced in particular counties or geographical districts,
designated by the General Assembly. The citizens of this state shall have the
personal right to hunt and fish, subject to reasonable regulations and
restrictions prescribed by law. The recognition of this right does not abrogate
any private or public property rights, nor does it limit the state’s power to
regulate commercial activity. Traditional manners and means may be used to take
non-threatened species.
Section
11. No person shall in time of peace be required to perform any service to the
public on any day set apart by his religion as a day of rest.
Section
12. The declaration of rights hereto prefixed is declared to be a part of the
Constitution of this State, and shall never be violated on any pretense
whatever. And to guard against transgression of the high powers we have
delegated, we declare that everything in the bill of rights contained, is
excepted out of the General powers of government, and shall forever remain
inviolate.
Section
13. No county office created by the Legislature shall be filled otherwise than
by the people or the County Court.
Section
14. It is unlawful for any person, corporation, association, or this state or
its political subdivisions to deny or attempt to deny employment to any person
by reason of the person's membership in, affiliation with, resignation from, or
refusal to join or affiliate with any labor union or employee organization.
Section
15. The credit of this state shall not be hereafter loaned or given to or in
aid of any person, association, company, corporation or municipality: nor shall
the State become the owner in whole or in part of any bank or a stockholder
with others in any association, company, corporation or municipality.
Section
16. No Convention or General Assembly of this State shall act upon any
amendment of the Constitution of the United States proposed by Congress to the
several States; unless such Convention or General Assembly shall have been
elected after such amendment is submitted.
Section
17. The Legislature shall pass no law for the licensing of any occupation,
except where necessary to protect public safety, property, or fiduciary
interests.
Section
18. This Constitution, and the laws of the State of Tennessee which shall be
made in pursuance thereof; shall adhere to and be interpreted as the
organization of the natural right of lawful defense. It is the substitution of
a common force for individual forces and this common force is to do only what
the individual forces have a natural and lawful right to do: to protect
persons, liberties, and properties; to maintain the right of each.
Section
19. The State of Tennessee is a
sovereign State and the people of this State and the other states of the United
States have never delegated to the federal government the power to regulate
matters reserved to the States by the Constitution of the United States.
The
General Assembly shall have the power, by resolution passed by a majority of
both Houses, to declare any federal act, law, executive order or agency rule to
be unauthorized by the Constitution of the United States and therefore null and
void within this State. Such declaration shall prohibit the use of state
resources or personnel to enforce the measure declared void.
Nothing
in this section shall be construed to criminalize or impede federal personnel
acting within their lawful authority.
Schedule.
Section
1. That no inconvenience may arise from a change of the Constitution, it is
declared that the current Governor of the State, the members of the General
Assembly and all officers shall hold their offices for the terms prescribed in
this Constitution after its adoption.
Officers
appointed by the courts shall be filled by appointment, to be made and to take
effect during the first term of the court held by Judges elected under this
Constitution.
All
other officers shall vacate their places thirty days after the day fixed for
the election of their successors under this Constitution.
The
Secretary of State, Comptroller and Treasurer shall hold their offices until
the first session of the present General Assembly occurring after the
ratification of this Constitution and until their successors are elected and
qualified.
Section
2. The Attorney General and Reporter for the State shall be appointed after the
confirmation of the Judges of the Supreme Court herein provided for.
Section
3. Every Judge and every officer of the executive department of this State, and
every Sheriff holding over under this Constitution, shall, within twenty days
after the ratification of this Constitution is proclaimed, take an oath to
support the same, and the failure of any officer to take such oath shall vacate
his office.
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