GOD
LOVES
YOU
&
JESUS
SAVES
The Constitution Of
The Great State Of Tennessee
The first
Constitution of the state of
branch, thus
abrogating the fundamental “balance of power” principle. This fact, among
others, led to the calling of a new constitutional convention. The second
convention met in
The 1835 document
stood until 1870, five years after the ending of the War Between the States.
Delegates elected in December, 1869, met in
The 1870
constitution stood unchanged until 1953, when it was first amended.
Further
amendments followed in 1960, 1966, 1972, 1978, 1998, and 2003.
Preamble
and Declaration of Rights
Whereas, The
people of the territory of the
Whereas, The
General Assembly of the said state of
Whereas,
The General Assembly of said state of
Whereas, The
people of the state, in the mode provided by said Act, have called said
convention, and elected delegates to represent them therein; now therefore,
We, the delegates and representatives
of the people of the state of
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
any person entitled thereto, except
upon a conviction by a jury of some infamous crime, previously ascertained and
declared by law, and judgment thereon by 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 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.
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 l5. 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, unless when in case of rebellion or invasion,
the General Assembly shall declare the public safety requires it.
Section 16. That excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
Section 17. 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 18. The Legislature shall
pass no law authorizing imprisonment for debt in civil cases.
Section 19. That the printing 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 20. That no retrospective
law, or law impairing the obligations of contracts, shall be made.
Section 21. That no man’s
particular services shall be demanded, or property taken, or applied to public
use, without the consent of his representatives, or without just compensation
being made therefore.
Section 22. That perpetuities and
monopolies are contrary to the genius of a free state, and shall not be allowed.
Section 23. 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 of
remonstrance.
Section 24. 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 25. 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 26. That the citizens of this
state have a right to keep and to bear arms for their common defense; but the
Legislature shall have power, by law, to regulate the wearing of arms with a
view to prevent crime.
Section 27. That no soldier shall, in
time of peace, be quartered in any house without the consent of the owner; nor
in time of war, but in a manner prescribed by law.
Section 28. That no citizen of this
state shall be compelled to bear arms, provided he will pay an equivalent, to be
ascertained by law.
Section 29. 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 30. That no hereditary
emoluments, privileges, or honors, shall ever be granted or conferred in this
state.
Section 31. 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 32. That the erection of safe
prisons, the inspection of prisons, and the humane treatment of prisoners, shall
be provided for.
Section 33. That slavery and
involuntary servitude, except as a punishment for crime, whereof the party shall
have been duly convicted, are forever prohibited in this state.
Section 34. 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:
Section 35a. The right to confer with
the prosecution.
Section 35b. The right to be free
from intimidation, harassment and abuse throughout the criminal justice system.
Section 35c The right to be present
at all proceedings where the defendant has the right to be present.
Section 35d. The right to be heard,
when relevant, at all critical stages of the criminal justice process as defined
by the General Assembly.
Section 35e. The right to be informed
of all proceedings, and of the release, transfer or escape of the accused or
convicted person.
Section 35f . The right to a speedy
trial or disposition and a prompt and final conclusion of the case after the
conviction or sentence.
Section 35g. The right to restitution
from the offender.
Section 35h. 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.
ARTICLE
II.
Distribution
of Powers.
Section 1. The powers of the
government shall be divided into three distinct departments: legislative,
executive, and judicial.
Section 2. No person or persons
belonging to one of these departments shall exercise any of the powers properly
belonging to either of the others, except in the cases herein directed or
permitted.
Legislative
Department.
Section 3. The legislative authority
of this state shall be vested in a General Assembly, which shall consist of a
Senate and House of Representatives, both dependent on the people.
Representatives shall hold office for two years and senators for four 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 his office as speaker
for two years or until his successor is elected and qualified provided however,
that in the first general election after adoption of this amendment senators
elected in districts designated by even numbers shall be elected for four years
and those elected in districts designated by odd numbers shall be elected for
two years. In a county having more than one senatorial district, the districts
shall be numbered consecutively.
Section 4. The apportionment of
senators and 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 senatorial and representative
districts. Nothing in this Section nor in this Article II shall deny to the
General Assembly the right at any time to apportion one 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 5. The number of
representatives shall be ninety-nine and shall be apportioned by the General
Assembly among the several counties or districts as shall be provided by law.
Counties having two or more representatives shall be divided into separate
districts. In a district composed of two or more counties each county shall
adjoin at least one other county of such district; and no county shall be
divided in forming such a district.
Section 5a. Each district shall be represented by a qualified voter of that district.
Section 6. The number of senators
shall be apportioned by the General Assembly among the several counties or
districts substantially according to population, and shall not exceed one-third
the number of representatives. Counties having two or more senators shall be
divided into separate districts. In a district composed of two or more counties,
each county shall adjoin at least one other county of such district; and no
county shall be divided in forming such a district.
Section 6a. Each district shall be
represented by a qualified voter of that district.
Section 7. The first election for
senators and representatives shall be held on the second Tuesday in November,
one thousand eight hundred and seventy; and forever thereafter, elections for
members of the General Assembly shall be held once in two years, on the first
Tuesday after the first Monday in November. Said elections shall terminate the
same day.
Section 8. 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 presiding officers of both Houses at the written request of
two-thirds of the members of each House.
Section 9. No person shall be a
representative unless he 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 county he represents one year, immediately preceding the
election.
Section 10. No person shall be a
senator unless he shall be a citizen of the United States, of the age of thirty
years, and shall have resided three years in this state, and one year in the
county or district, immediately preceding the election. No senator or
representative shall, during the time for which he was elected, be eligible to
any office or place of trust, the appointment to which is vested in the
executive or the General Assembly, except to the office of trustee of a literary
institution.
Section 11. 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 12. 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 13. 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 14. 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 15. Vacancies. When the seat
of any member of either House becomes vacant, the vacancy shall be filled as
follows:
(a) When twelve months or more remain
prior to the next general election for legislators, a successor shall be elected
by the qualified voters of the district represented, and such successor shall
serve the remainder of the original terms. The election shall be held within
such time as provided by law. The legislative body of the replaced
legislator’s county of residence at the time of his or her election may elect
an interim successor to serve until the election.
(b) When less than twelve months
remain prior to the next general election for legislators, a successor shall be
elected by the legislative body of the replaced legislator’s county of
residence at the time of his or her election. The term of any senator so elected
shall expire at the next general election for legislators, at which election a
successor shall be elected.
(c) 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. 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 19. After a bill has been
rejected, no bill containing the same substance shall be passed into a law
during the same session.
Section 20. 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 21. 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 22. 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 23. Each member of the General Assembly shall receive an annual salary of $1,800.00 per year 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 ninety Legislative days of a regular session, excluding the organization session, nor for more than thirty Legislative days of any extraordinary session.
This amendment shall take effect
immediately upon adoption so that any member of the General Assembly elected at
a general election wherein this amendment is approved shall be entitled to the
compensation set herein.
Section 24. 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 25. 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 26. 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.
Section 27. 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.
Section 28. In accordance with the
following provisions, all property real, personal or mixed shall be subject to
taxation, but 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%) percent of its value;
(b) Industrial and Commercial
Property, to be assessed at forty (40%) percent of its value;
(c) Residential Property, to be
assessed at twenty-five (25%) percent 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%) percent 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.
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%) percent of its value;
(b) Industrial and Commercial
Property, to be assessed at thirty (30%) percent of its value; and
(c) All other Tangible Personal
Property, to be assessed at five (5%) percent 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
for the year 1973, or until such time as the Legislature may provide otherwise,
the ratio of assessment to value of property presently taxed shall remain the
same as provided by law for the year 1972; provided further 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. The Legislature shall have power to levy a tax
upon incomes derived from stocks and bonds that are not taxed ad valorem.
This amendment shall take effect on
the first day of January, 1973.
Section 29. 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. But the counties of Grainger, Hawkins, Hancock, Union, Campbell,
Scott, Morgan, Grundy, Sumner, Smith, Fentress, Van Buren, and the new county
herein authorized to be established out of fractions of Sumner, Macon and Smith
Counties, White, Putnam, Overton, Jackson, Cumberland, Anderson, Henderson,
Wayne, Cocke, Coffee, Macon, Marshall, and Roane shall be excepted out of the
provisions of this section so far that the assent of a majority of the qualified
voters of either of said counties voting on the question shall be sufficient
when the credit of such county is given or loaned to any person, association or
corporation; provided, that the exception of the counties above named shall not
be in force beyond the year one thousand eight hundred and eighty: and after
that period they shall be subject to the three-fourths majority applicable to
the other counties of the state.
Section 30. No article manufactured
of the produce of this state, shall be taxed otherwise than to pay inspection
fees.
Section 31. 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 32. 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 33. No bonds of the state shall be issued to any rail road company which at the time of its application for the same shall be in default in paying the interest upon the state bonds previously loaned to it or that shall hereafter and before such application sell or absolutely dispose of any state bonds loaned to it for less than par.
ARTICLE
III.
Executive
Department.
Section 1. The supreme executive power of this state shall be vested in a governor.
Section 2. The governor shall be
chosen by the electors of the members of the General Assembly, at the time and
places where they shall respectively vote for the members thereof. The returns
of every election for governor shall be sealed up, and transmitted to the seat
of government, by the returning officers, directed to the speaker of the Senate,
who shall open and publish them in the presence of a majority of the members of
each House of the General Assembly. The person having the highest number of
votes shall be governor; but if two or more shall be equal and highest in votes,
one of them shall be chosen governor by joint vote of both Houses of the General
Assembly. Contested elections for governor shall be determined by both Houses of
the General Assembly, in such manner as shall be prescribed by law.
Section 3. He 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.
Section 4. The governor shall be
elected to hold office for four years and until a successor is elected and
qualified. A person may be eligible to succeed in office for additional four
year terms, provided that no person presently serving or elected hereafter shall
be eligible for election to more than two terms consecutively, including an
election to a partial term.
One succeeding to the office vacated
during the first eighteen calendar months of the term shall hold office until a
successor is elected for the remainder of the term at the next election of
members of the General Assembly and qualified pursuant to this Constitution. One
succeeding to the office vacated after the first eighteen calendar months of the
term shall continue to hold office for the remainder of the full term.
Section 5. He 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 6. He shall have power to
grant reprieves and pardons, after conviction, except in cases of impeachment.
Section 7. He 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 8. He may require information
in writing, from the officers in the executive department, upon any subject
relating to the duties of their respective offices.
Section 9. He 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 10. He shall take care that
the laws be faithfully executed.
Section 11. He 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 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; and in case of the
death, removal from office, or resignation of the speaker of the Senate, the
powers and duties of the office shall devolve on the speaker of the House of
Representatives.
Section 13. No member of Congress, or
person holding any office under the United States, or this state, shall execute
the office of 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. A secretary of state
shall be appointed by joint vote of the General Assembly, and commissioned
during the term of four 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 18. 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.
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.
All male citizens of this state shall
be subject to the performance of military duty, as may be prescribed by law.
Section 2. Laws may be passed
excluding from the right of suffrage persons who may be convicted of infamous
crimes.
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
V.
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 two-thirds of the senators 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, chancellors, 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 herein before 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
VI.
Judicial
Department.
Section 1. The judicial power of this
state shall be vested in one Supreme Court and in such Circuit, Chancery and
other Inferior Courts as the Legislature shall from time to time, ordain and
establish; in the judges thereof, and in justices of the peace. The Legislature
may also vest such jurisdiction in Corporation Courts as may be deemed
necessary. Courts to be holden by justices of the peace may also be established.
Section 2. 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 3. The judges of the Supreme
Court shall be elected by the qualified voters of the state. The Legislature
shall have power to prescribe such rules as may be necessary to carry out the
provisions of section two of this article. Every judge of the Supreme Court
shall be thirty-five years of age, and shall before his election have been a
resident of the state for five years. His term of service shall be eight years.
Section 4. The Judges of the Circuit
and Chancery Courts, and of other Inferior Courts, shall be elected by the
qualified voters of the district or circuit to which they are to be assigned.
Every judge of such courts shall be thirty years of age, and shall before his
election, have been a resident of the state for five years, and of the circuit
or district one year. His term of service shall be eight years.
Section 5. An attorney general and
reporter for the state, shall be appointed by the judges of the Supreme Court
and shall hold his office for a term of eight years. An attorney for the state
for any circuit or district, for which a judge having criminal jurisdiction
shall be provided by law, shall be elected by the qualified voters of such
circuit or district, and shall hold his office for a term of eight years, 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 the
Circuit, Chancery and other Inferior 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 of Law and Equity, 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 the Supreme
Court shall appoint their clerks who shall hold their offices for six years.
Chancellors shall appoint their clerks and masters, who shall hold their offices
for six years. Clerks of the Inferior Courts
holden in the respective counties or districts, shall be elected by the
qualified voters thereof for the term of four years. Any clerk may be removed
from office for malfeasance, incompetency or neglect of duty, in such manner as
may be prescribed by law.
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
VII.
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, a sheriff, a trustee, a register, a county clerk and an assessor of
property. Their qualifications and duties shall be prescribed by the General
Assembly. Any officer shall be removed from 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 more than three representatives shall be elected from a district. Any county
organized under the consolidated government provisions of Article XI, Section 9,
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 is qualified.
Section 3. There shall be a treasurer
or treasurers 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 two years.
Section 4. The election of 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 5. Elections for judicial and other civil officers shall be held on the first Thursday in August, one thousand eight hundred and seventy, and forever thereafter 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 or district attorney, but a 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
VIII
Militia.
Section 1. All militia officers shall
be elected by persons subject to military duty, within the bounds of their
several companies, battalions, regiments, brigades and divisions, under such
rules and regulations as the Legislature may from time to time direct and
establish.
Section 2. The governor shall appoint
the adjutant-general and his other staff officers; the major generals,
brigadier-generals, and commanding officers of regiments, shall respectively
appoint their staff officers.
Section 3. The Legislature shall pass
laws exempting citizens belonging to any sect or denomination of religion, the
tenets of which are known to be opposed to the bearing of arms, from attending
private and general musters.
ARTICLE
IX
Disqualifications.
Section 1. Whereas ministers of the
Gospel are by their profession, dedicated to God and the care of souls, and
ought not to be diverted from the great duties of their functions; therefore, no
minister of the Gospel, or priest of any denomination whatever, shall be
eligible to a seat in either House of the Legislature.
Section 2. No person who denies the
being of God, or a future state of rewards and punishments, shall hold any
office in the civil department of this state.
Section 3. Any person who shall, after the adoption of this Constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in this state, and shall be punished otherwise, in such manner as the Legislature may prescribe.
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. But the following
exceptions are made to the foregoing provisions viz: New counties may be
established by the present or any succeeding Legislature out of the following
territory to wit: Out of that portion of Obion County which lies west of the low
water mark of Reel Foot Lake: Out of fractions of Sumner, Macon and Smith
Counties; but no line of such new county shall approach the court house of
Sumner or of Smith Counties nearer than ten miles, nor include any part of Macon
County lying within nine and a half miles of the court house of said County nor
shall more than twenty square miles of Macon County nor any part of Sumner
County lying due west of the western boundary of Macon County, be taken in the
formation of said new county: Out of fractions of Grainger and Jefferson
Counties but no line of such new county shall include any part of Grainger
County north of the Holston River; nor shall any line thereof approach the court
house of Jefferson County nearer than eleven miles. Such new county may include
any other territory which is not excluded by any general provision of this
Constitution: Out of fractions of Jackson and Overton Counties but no line of
such new county shall approach the court house of Jackson or Overton Counties
nearer than ten miles, nor shall such county contain less than four hundred
qualified voters, nor shall the area of either of the old counties be reduced
below four hundred and fifty square miles: Out of fractions of Roane, Monroe,
and Blount Counties, around the town of Loudon; but no line of such new county
shall ever approach the towns of Maryville, Kingston, or Madisonville, nearer
than eleven miles, except that on the south side of the Tennessee River, said
lines may approach as near as ten miles to the court house of Roane County.
The counties of Lewis, Cheatham, and
Sequatchie, as now established by Legislative enactments are hereby declared to
be constitutional counties. No part of Bledsoe County shall be taken to form a
new county or a part thereof or be attached to any adjoining county. That
portion of Marion County included within the following boundaries, beginning on
the Grundy and Marion County line at the Nickajack trace and running about six
hundred yards west of Ben Poseys, to where the Tennessee Coal Rail Road crosses
the line, running thence southeast through the Pocket near William Summers
crossing the Battle Creek Gulf at the corner of Thomas Wootons field, thence
running across the Little Gizzard Gulf at Raven Point, thence in a direct line
to the bridge crossing the Big Fiery Gizzard, thence in a direct line to the
mouth of Holy Water Creek, thence up said Creek to the Grundy County line, and
thence with said line to the beginning; is hereby detached from Marion County,
and attached to the county of Grundy. 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. But the
foregoing provision requiring a two-thirds majority of the voters of a county to
remove its county seat shall not apply to the counties of Obion and
Cocke. 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 in consistent 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 a governor is
to be chosen. And if the people shall approve and ratify such amendment or
amendments by a majority of all the citizens of the state voting for governor,
voting in their favor, 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 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 authorize lotteries for any purpose, and shall pass laws to prohibit
the sale of lottery tickets in this state, except that the legislature may
authorize a state lottery if the net proceeds of the lottery's revenues are
allocated to provide financial assistance to citizens of this state to enable
such citizens to attend post-secondary educational institutions located within
this state. The excess after such allocations from such net proceeds from the
lottery would be appropriated to:
(1) Capital outlay projects for K-12
educational facilities; and
(2) Early learning programs and after
school programs.
Such appropriation of funds to
support improvements and enhancements for educational programs and purposes and
such net proceeds shall be used to supplement, not supplant, non-lottery
educational resources for education programs and purposes.
All other forms of lottery not
authorized herein are expressly prohibited unless authorized by a two-thirds
vote of all members elected to each house of the General Assembly for an annual
event operated for the benefit of a 501(c)(3) organization located in this
state, as defined by the 2000 United States Tax Code or as may be amended from
time to time.
A state lottery means a lottery of
the type such as in operation in Georgia, Kentucky and Virginia in 2000, and the
amendment to Article XI, Section 5 of the Constitution of the State of Tennessee
provided for herein does not authorize games of chance associated with casinos,
including, but not limited to, slot machines, roulette wheels, and the like.
The state lottery authorized in this
section shall be implemented and administered uniformly throughout the state in
such manner as the legislature, by general law, deems appropriate.
Section 6. 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 7. 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 (10%)
percent 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 8. 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, immunitie, [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 9. 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 28 or 29 of Article II 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 10. A well regulated system of internal improvement is calculated to develop the resources of the state, and promote the happiness and prosperity of her citizens, therefore it ought to be encouraged by the General Assembly.
Section 11. 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 12. The state of Tennessee
recognizes the inherent value of education and encourages its support. The
General Assembly shall provide for the maintenance, support and eligibility
standards of a system of free public schools. The General Assembly may establish
and support such post-secondary educational institutions, including public
institutions of higher learning, as it determines.
Section 13. 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.
Section 14. [Repealed.]
Section l5. 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 16. The declaration of rights
hereto prefixed is declared to be a part of the Constitution of the 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 the
government, and shall forever remain inviolate.
Section 17. No county office created by the Legislature shall be filled otherwise than by the people or the County Court.
Schedule.
Section 1. That no inconvenience may
arise from a change of the Constitution, it is declared that the governor of the
state, the members of the General Assembly and all officers elected at or after
the general election of March one thousand eight hundred and seventy, shall hold
their offices for the terms prescribed in this Constitution.
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.
The
officers then elected shall hold their offices until the fifteenth day of
January one thousand eight hundred and seventy three.
Section 2. At the first election of judges under this Constitution there shall be elected six judges of the Supreme Court, two from each grand division of the state, who shall hold their offices for the term herein prescribed.
In the event any vacancy shall occur
in the office of either of said judges at any time after the first day of
January one thousand eight hundred seventy three; it shall remain unfilled and
the court shall from that time be constituted of five judges. While the court
shall consist of six judges they may sit in two sections, and may hear and
determine causes in each at the same time, but not in different grand divisions
at the same time.
When so sitting the concurrence of two judges shall be necessary to a decision.
The attorney general and reporter for
the state shall be appointed after the election and qualification 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.
Section 4. The time which has elapsed
from the sixth day of May one thousand eight hundred and sixty one until the
first day of January one thousand eight
hundred and sixty seven shall not be computed, in any cases affected by the
statutes of limitation, nor shall any writ of error be affected by such lapse of
time.
