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CONSTITUTION
OF THE
STATE OF TENNESSEE
ADOPTED IN CONVENTION AT NASHVILLE, FEBRUARY 23, 1870
PROCLAIMED AND IN EFFECT, MAY 5, 1870,
AS AMENDED
ARTICLE ARTICLE
I. Declaration of Rights VII. State and County Officers
II. Distribution of Powers VIII. Militia
III. Executive Department IX. Disqualifications
IV. Elections X. Oaths, Bribery of Electors,
V. Impeachments New Counties
VI. Judicial Department XI. Miscellaneous Provisions
PREAMBLE AND DECLARATION OF RIGHTS
Whereas, The people of the territory of the United States south of the
river Ohio, having the right of admission into the General Government as a
member State thereof, consistent with the Constitution of the United States,
and the act of Cession of the State of North Carolina, recognizing the
ordinance for the government of the territory of the United States north west
of the Ohio River, by their Delegates and Representatives in Convention
assembled, did on the sixth day of February, in the year of our Lord one
thousand seven hundred and ninety-six, ordain and establish a Constitution, or
form of government, and mutually agreed with each other to form themselves into
a free and independent State by the name of the State of Tennessee, and,
Whereas, The General Assembly of the said State of Tennessee, (pursuant to
the third section of the tenth article of the Constitution,) by an act passed
on the Twenty-seventh day of November, in the year of our Lord one thousand
eight hundred and thirty-three, entitled, "An Act" to provide for the calling
of a Convention, passed in obedience to the declared will of the voters of the
State, as expressed at the general election of August, in the year of our Lord
one thousand eight hundred and thirty-three, did authorize and provide for the
election by the people of delegates and representatives, to meet at Nashville,
in Davidson County, on the third Monday in May, in the year of our Lord one
thousand eight hundred and thirty-four, for the purpose of revising and
amending, or changing, the Constitution, and said Convention did accordingly
meet and form a Constitution, which was submitted to the people, and was
ratified by them, on the first Friday in March, in the year of our Lord one
thousand eight hundred and thirty-five, and,
Whereas, The General Assembly of said State of Tennessee, under and in
virtue of the first section of the first article of the Declaration of Rights,
contained in and forming a part of the existing Constitution of the State, by
an act passed on the fifteenth day of November, in the year of our Lord one
thousand eight hundred and sixty-nine, did provide for the calling of a
Convention by the people of the State, to meet at Nashville, on the second
Monday in January, in the year of our Lord one thousand eight hundred and
seventy, and for the election of delegates for the purpose of amending or
revising the present Constitution, or forming and making a new Constitution;
and,
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
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--
Section 1. All power inherent in the people - Government under their
control. - 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. Doctrine of nonresistance condemned. - That government being
instituted for the common benefit, the doctrine of non-resistance against
arbitrary power and oppression is absurd, slavish, and destructive of the good
and happiness of mankind.
Section 3. Freedom of worship. - 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.
Sec. 4. No religious or political test. - 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.
Sec. 5. Elections to be free and equal - Right of suffrage. - 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
conviction by a jury of some infamous crime, previously ascertained and
declared by law, and judgment thereon by court of competent jurisdiction.
Sec. 6. Trial by jury - Qualifications of jurors. - 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.
Sec. 7. Unreasonable searches and seizures - General warrants. - 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 to be granted.
Sec. 8. No man to be disturbed but by law. - 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.
Sec. 9. Right of the accused in criminal prosecutions. - 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.
Sec. 10. Double jeopardy prohibited. - That no person shall, for the same
offence, be twice put in jeopardy of life or limb.
Sec. 11. No ex post facto laws. - 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.
Sec. 12. No corruption of blood or forfeiture of estates. - 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.
Sec. 13. Treatment after arrest. - That no person arrested and confined in
jail shall be treated with unnecessary rigor.
Sec. 14. Prerequisites to criminal charge. - That no person shall be put
to answer any criminal charge but by presentment, indictment or impeachment.
Sec. 15. Bailable offenses - Habeas corpus. - 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.
Sec. 16. Restrictions on bail, fines and punishment. - That excessive bail
shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Sec. 17. Open courts - Redress of injuries - Suits against the State. -
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.
Sec. 18. No imprisonment for debt. - The Legislature shall pass no law
authorizing imprisonment for debt in civil cases.
Sec. 19. Freedom of speech and press. - That the printing presses 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.
Sec. 20. No retrospective laws. - That no retrospective law, or law
impairing the obligations of contracts, shall be made.
Sec. 21. No man's services or property taken without consent or
compensation. - 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 therefor.
Sec. 22. No perpetuities or monopolies. - That perpetuities and monopolies
are contrary to the genius of a free State, and shall not be allowed.
Sec. 23. Right of assembly. - 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.
Sec. 24. Militia - Civil authority. - 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.
Sec. 25. Martial law - Punishment. - 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.
Sec. 26. Right to bear arms - Regulations. - 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.
Sec. 27. Quartering soldiers. - 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.
Sec. 28. No one compelled to bear arms. - That no citizen of this State
shall be compelled to bear arms, provided he will pay an equivalent, to be
ascertained by law.
Sec. 29. Navigation of the Mississippi. - 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.
Sec. 30. No hereditary honors. - That no hereditary emoluments,
privileges, or honors, shall ever be granted or conferred in this State.
Sec. 31. Boundaries of the state. - (Lengthy section describing the
boundaries of Tennessee.)
Sec. 32. Prisons and prisoners. - That the erection of safe and
comfortable prisons, the inspection of prisons, and the humane treatment of
prisoners, shall be provided for.
Sec. 33. Slavery prohibited. - 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.
Sec. 34. Right of property in man. - The General Assembly shall make no
law recognizing the right of property in man.
ARTICLE II
DISTRIBUTION OF POWERS
SECTION SECTION
1. Division of powers 16. Limitation upon power of
2. Limitation of powers adjournment
17. Origin and frame of bills
Legislative Department 18. Passage of bills
19. Rejection of bill
3. Legislative authority - 20. Style of laws -
Term of office Effective date
4. Apportionment of senators 21. Journal of proceedings
and representatives 22. Open sessions and meetings
5. Number of representatives - - Exception
Apportionment 23. Compensation of members of
5a. Representation by General Assembly
qualified voter 24. Appropriation of public
6. Number of senators - moneys
Apportionment 25. Defaulters ineligible
6a. Representation by 26. Ineligibility - Lucrative
qualified voter offices
7. Time of elections 27. Right of protest
8. Legislative sessions - 28. Taxable property -
Governor's inauguration Valuation - Rates
9. Qualifications of 29. Counties and towns - Power
representatives to tax - Credit
10. Senators - Qualifications 30. Articles not taxable -
11. Election of officers - Inspection fees
Quorum - Adjournments 31. Acts forbidden the State
12. Each house to make its 32. Amendments to Constitution
own rules of United States
13. Privilege of members 33. No State bonds to
14. Power to punish other defaulting railroads
than members
15. Vacancies
Sec. 1. Division of powers. - The powers of the Government shall be
divided into three distinct departments: the Legislative, Executive, and
Judicial.
Sec. 2. Limitation of powers. - 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
Sec. 3. Legislative authority - Term of office. - 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 on senatorial district,
the districts shall be numbered consecutively. [As amended: Adopted in
Convention December 9, 1965; approved at election November 8, 1966; Proclaimed
by Governor, December 2, 1966.]
Sec. 4. Apportionment of senators and representatives. -
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. [As
amended; Adopted in Convention December 9, 1965; approved at election November
8, 1966; Proclaimed by Governor, December 2, 1966.]
Sec. 5. Number of representatives - Apportionment. - 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 lease one other county of such district; and no county shall be
divided in forming such a district. [As amended; Adopted in Convention
December 9, 1965; approved at election November 8, 1966; Proclaimed by
Governor, December 2, 1966.]
Sec. 5a. Representation by qualified voter. - Each district shall be
represented by a qualified voter of that district. [As added; Adopted in
Convention December 10, 1965; approved at election November 8, 1966; Proclaimed
by Governor, December 2, 1966.]
Sec. 6. Number of senators - Apportionment - 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. [As amended;
Adopted in Convention December 9, 1965; approved at election November 8, 1966;
Proclaimed by Governor, December 2, 1966.]
Sec. 6a. Representation by qualified voter. - Each district shall be
represented by a qualified voter of that district. [As added; Adopted in
Convention December 10, 1965; approved at election November 8, 1966; Proclaimed
by Governor, December 2, 1966.]
Sec. 7. Time of elections. - 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.
Sec. 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 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.
[As amended; Adopted in Convention December 10, 1965; approved at election
November 8, 1966; Proclaimed by Governor, December 2, 1966; As amended, Adopted
in Convention December 20, 1977; approved at election March 7, 1978; Proclaimed
by Governor, March 31, 1978.]
Sec. 9. Qualifications of representatives. - 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.
Sec. 10. Senators - Qualifications. - 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.
Sec. 11. Election of officers - Quorum - Adjournments. - 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.
Sec. 12. Each house to make its own rules. - 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.
Sec. 13. Privilege of members. - 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.
Sec. 14. Power to punish other than members. - 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.
Sec. 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 fo the
district represented, and such successor shall serve the remainder of the
original term. 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. [As amended; Adopted in Convention December 10,
1965; approved at election November 8, 1966; Proclaimed by Governor, December
2, 1966; As amended; Adopted in Convention October 24, 1977; approved at
election March 7, 1978; Proclaimed by Governor, March 31, 1978.]
Sec. 16. Limitation upon power of adjournment. - 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.
Sec. 17. Origin and frame of bills. - 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.
Sec. 18. Passage of bills. - 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 os 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. [As amended; Adopted in
Convention September 29, 1977; approved at election March 7, 1978; Proclaimed
by Governor, March 31, 1978.]
Sec. 19. Rejection of bill. - after a bill has been rejected, no bill
containing the same substance shall be passed into a law during the same
session.
Sec. 20. Style of laws - Effective date. - 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.
Sec. 21. Journal of proceedings. - 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.
Sec. 22. Open sessions and meetings - Exception. - 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.
Sec. 23. Compensation of members of General Assembly. - 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 organizational 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. [As
amended; Adopted in Convention May 12, 1953; approved at election November 3,
1953; Proclaimed by Governor, November 19, 1953; As amended; Adopted in
Convention December 10, 1965; approved at election November 8, 1966; Proclaimed
by Governor, December 2, 1966.]
Sec. 24. 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 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 cunties 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. [As amended; Adopted in Convention November 30, 1977;
approved at election March 7, 1978; Proclaimed by Governor, March 31, 1978.]
Sec. 25. Defaulters ineligible. - 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.
Sec. 26. Ineligibility - Lucrative offices. - 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.
Sec. 27. Right of protest. - 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.
Sec. 28. Taxable property - Valuation - Rates. - 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 educations, 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 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 Ligislature 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 purpose of merchandise sold by him to non-residents 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. [As
Amended; Adopted in Convention September 14, 1971; Approved at election August
3, 1972; Amendment approved at election, November 2, 1982.]
Sec. 29. Counties and towns - Power to tax - Credit. - 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 expected 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.
Sec. 30. Articles not taxable - Inspection fees. - No article,
manufactured of the produce of this State shall be taxed otherwise than to pay
inspection fees.
Sec. 31. Acts forbidden the State. - 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.
Sec. 32. Amendments to Constitution of United States. - 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.
Sec. 33. No State bonds to defaulting railroads. - 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 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 SECTION
1. Governor's executive power 12. Vacancy in office of
2. Election of Governor governor
3. Governor's qualifications 13. Ineligibility for
4. Governor's term of service governorship
5. Governor as commander-in- 14. Governor to make temporary
chief - Calling out appointments
militia 15. Seal of State
6. Pardons and reprieves 16. Grants and commissions to
7. Governor's compensation be sealed and signed by
8. Governor may require the governor
information 17. Secretary of state
9. Governor may convene the 18. Bills to be approved by the
legislature governor - Governor's veto
10. Governor to execute laws - Bills passed over
11. Governor to give informa- governor's veto
tion to the legislature
Section 1. Governor's executive power. - The Supreme Executive power of
this State shall be vested in a Governor.
Sec. 2. Election of Governor. - 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.
Sec. 3. Governor's qualifications. - 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.
Sec. 4. Governor's term of office. - 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 prusuant 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. [As amended; Adopted in
Convention May 19, 1953; approved at election November 3, 1953; Proclaimed by
Governor, November 19, 1953; As amended; Adopted in Convention October 10,
1977; approved at election March 7, 1978; Proclaimed by Governor, March 31,
1978.]
Sec. 5. Governor as commander-in-chief - Calling out militia. - 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.
Sec. 6. Pardons and reprieves. - He shall have power to grant reprieves
and pardons, after conviction, except in cases of impeachment.
Sec. 7. Governor's compensation. - 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.
Sec. 8. Governor may require information. - He may require information in
writing, from the officers in the executive department, upon any subject
relating to the duties of their respective offices.
Sec. 9. Governor may convene the legislature. - 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 specificaly
called together.
Sec. 10. Governor to execute laws. - He shall take care that the laws be
faithfully executed.
Sec. 11. Governor to give information to the legislature. - 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.
Sec. 12. Vacancy in office of governor. - 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.
Sec. 13. Ineligibility for governorship. - No member of Congress, or
person holding any office under the United States, or this State, shall execute
the office of Governor.
Sec. 14. Governor to make temporary appointments. - 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.
Sec. 15. Seal of State. - 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.
Sec. 16. Grants and commissions to be sealed and signed by the governor.
- 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.
Sec. 17. Secretary of state. - 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.
Sec. 18. Bills to be approved by the governor - Governor's veto - Bills
passed over governor's veto. - 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 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 limitaitons prescribed for the passage of other bills over the
executive veto. [As amended; Adopted in convention May 20, 1953; approved at
election November 3, 1953; Proclaimed by Governor, November 19, 1953; As
amended; Adopted in Convention October 18, 1977; approved at election March 7,
1978; Proclaimed by Governor, March 31, 1978.]
ARTICLE IV
ELECTIONS
SECTION SECTION
1. Right to vote - Election 3. Privileges of voters
precincts - Military Duty 4. Mode of voting
2. Right of suffrage may be
excluded for crime
Sec. 1. Right to vote - Election precincts - Military duty. - 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. [As amended; Adopted in Convention
May 24, 1953; Approved at election November 3, 1953; Proclaimed by Governor,
November 19, 1953; As
amended; Adopted in Convention October 20, 1977; approved at election March 7,
1978; Proclaimed by Governor, March 31, 1978.]
Sec. 2. Right to suffrage may be excluded for crime. - Laws may be passed
excluding from the right of suffrage persons who may be convicted of infamous
crimes.
Sec. 3. Privileges of voters. - 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.
Sec. 4. Mode of voting. - 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 SECTION
1. Impeachment 4. Who may be impeached
2. Trial of impeachments 5. Officers liable to
3. How prosecuted indictment and removal
from office
Section. 1. Impeachment. - The House of Representatives shall have the
sole power of impeachment.
Sec. 2. Trial of impeachments. - 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.
Sec. 3. How prosecuted. - 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.
Sec. 4. Who may be impeached. - The Governor, Judges of the Supreme
Court, Judges of 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.
Sec. 5. Officers liable to indictment and removal from office. -
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 VI
JUDICIAL DEPARTMENT
SECTION SECTION
1. Judicial power 11. Incompetency of judges -
2. Supreme court Special judges
3. Supreme court judges 12. Requisites of writs and
4. Judges of inferior courts process
5. Attorney-general and reporter 13. Clerks of courts
6. Removal of judges and 14. Fines Exceeding fifty
attorneys dollars to be assessed
7. Compensation of judges by jury
8. Jurisdiction of inferior 15. [Repealed]
courts
9. Judge's charge
10. Certiorari
Section 1. Judicial power. - 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.
Sec. 2. Supreme court. - 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.
Sec. 3. Supreme court Judges - 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.
Sec. 4. Judges of inferior courts. - 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.
Sec. 5. Attorney general and reporter. - 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.
Sec. 6. Removal of judges and attorneys. - 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.
Sec. 7. Compensation of judges. - 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.
Sec. 8. Jurisdiction of Inferior courts. - The jurisdiction of the
Circuit, Chancery and other Inferior Courts, shall be as now established by
law, until changed by the Legislature.
Sec. 9. Judge's charge. - The Judges shall not charge juries with respect
to matters of fact, but may state the testimony and declare the law.
Sec. 10. Certiorari. - The Judges of 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.
Sec. 11. Incompetency of judges - Special judges. -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 or 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.
Sec. 12. Requisites of writs and process. 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."
Sec. 13. Clerks of courts. - 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.
Sec. 14. Fines exceeding fifty dollars to be assessed by jury. - 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.
Sec. 15. Districts in counties - Justices and constables. [Repealed.]
ARTICLE VII
STATE AND COUNTY OFFICERS
SECTION SECTION
1. County government - Elected 3. Treasurer and comptroller
officers - Legislative 4. Other elections and
body - Alternate forms of vacancies
government 5. Civil officers - Election -
2. Vacancies Vacancies
Section 1. County government - Elected officers - Legislative body -
Alternate forms of government - 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 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 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. [As amended; Adopted in Convention July 24, 1959; approved at
election November 8, 1960; Proclaimed by Governor, December 1, 1960; As
amended; Adopted in Convention December 6, 1977; approved at election March 7,
1978; Proclaimed by Governor, March 31, 1978.]
Sec. 2. Vacancies. - 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. [As amended; Adopted in Convention December 6, 1977; approved at
election March 7, 1978; Proclaimed by Governor, March 31, 1978.]
Sec. 3. Treasurer and comptroller. - 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.
Sec. 4. Other elections and vacancies. - 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.
Sec. 5. Civil officers - Election - Vacancies. - 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 Aguust 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 of 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 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 VIII
MILITIA
SECTION
1. Militia officers to be elected
2. Staff officers to be appointed
3. Exemptions from attending musters
Section 1. Militia officers to be elected. - 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.
Sec. 2. Staff officers to be appointed. - 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.
Sec. 3. Exemptions from attending musters. - 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 SECTION
1. Ineligibility of ministers 2. No atheist shall hold a
and priests to seats in civil office
legislature 3. Duelists shall hold no office
Section 1. Ineligibility of ministers and priests to seats in
legislature. - 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.
Sec. 2. No atheist shall hold a civil office. - 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.
Sec. 3. Duelists shall hold no office. - 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 SECTION
1. Oath of office reduction of counties -
2. Oath of members of the Exceptions - Vote necessary
general assembly to detach fractions for
3. Punishment of electors and formation of new counties or
candidates for bribery to remove a county seat -
4. New counties - Approach Liability for existing debt
of county lines to 5. To vote with old county
courthouse - Limit to
Section 1. Oath of office. - 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.
Sec. 2. Oath of members of the general assembly. - 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 solemly 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.
Sec. 3. Punishment of electors and candidates for bribery. - Any elector
who shall receive any gift or reward for his vote, in meat, drink, money or
otherwise, shall suffer such punishment as the law 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.
Sec. 4. New counties - Approach of county lines to courthouse - Limit to
reduction of counties - Exceptions - Vote necessary to detach fractions for
formation of new counties or to remove a county seat - Liability for existing
debt. - 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 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 provison 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, Monore 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 Summars 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 of 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.
Sec. 5. To vote with old county. - 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 SECTION
1. Existing laws not affected 10. Internal improvements to
by this Constitution be encouraged
2. No impairment of rights 11. Homestead and personal
3. Amendments to Constitution property exemptions
4. Power to grant divorces 12. Education's inherent value -
5. Lotteries Public schools - Support of
6. Changing names - Adoption - higher education
Legitimation 13. Game and fish
7. Interest 14. [Repealed]
8. General laws only to be 15. Religious holidays
passed 16. Bill of rights to remain
9. Power over local affairs - inviolate
Home rule for cities and 17. County offices
and counties - Consolida-
tion of functions
Section 1. Existing laws not affected by this Constitution. - 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.
Sec. 2. No impairment of rights. - 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.
Sec. 3. Amendments to Constitution. - 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
twothirds 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. [As amended: Adopted in Convention May 27, 1953; Approved at
election November 3, 1953; Proclaimed by Governor November 19, 1953.]
Sec. 4. Power to grant divorces. - 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.
Sec. 5. Lotteries. - 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.
Sec. 6. Changing names - Adoption - Legitimation. - 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.
Sec. 7. Interest. - 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. [As amended; Adopted in Convention December
1, 1977; approved at election March 7, 1978; Proclaimed by Governor, March 31,
1978.]
Sec. 8. General laws only to be passed. - 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.
Sec. 9. Power over local affairs - Home rule for cities and counties -
Consolidation of functions. - 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
by 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 or 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. [As amended: Adopted in Convention June 4, 1953;
Approved at election November 3, 1953; Proclaimed by Governor, November 19,
1953.]
Sec. 10. Internal improvements to be encouraged. - 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.
Sec. 11. Homestead and personal property exemptions. - 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. [As amended; Adopted in
Convention October 7, 1977; Approved at election March 7, 1978; Proclaimed by
Governor, March 31, 1978.]
Sec. 12. Education's inherent value - Public schools - Support of higher
education. - 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 postsecondary
educational institutions, including public institutions of higher learning, as
it determines. [As amended; Adopted in Convention October 11, 1977; approved
at election March 7, 1978; Proclaimed by Governor, March 31, 1978.]
Sec. 13. Game and fish. - 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.
Sec. 14. Racial intermarriage. [Repealed.]
Sec. 15. Religious holidays. - 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.
Sec. 16. Bill of rights to remain inviolate. - 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 pretence 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.
Sec. 17. County offices. - No County office created by the Legislature
shall be filled otherwise than by the people or the County Court.
ə