Tennessee Constitution
Introduction
PREAMBLE
Whereas, The General Assembly of the said State of Tennessee, (pursuant to the 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 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
Article I
Declaration of Rights
Art. I §1 | POWER OF THE PEOPLE
Art. I §2 | GOVERNMENT’S PURPOSE AND REJECTION OF OPPRESSION
Art. I §3 | FREEDOM OF CONSCIENCE AND WORSHIP
Art. I §4 | PROHIBITION OF POLITICAL AND RELIGIOUS TESTS FOR OFFICE
Art. I §5 | FREE ELECTIONS AND SUFFRAGE RIGHTS
Art. I §6 | TRIAL BY JURY AND JUROR QUALIFICATIONS
Art. I §7 | PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES
Art. I §8 | DUE PROCESS AND PROTECTION OF LIFE, LIBERTY, AND PROPERTY
Art. I §9 | RIGHTS OF THE ACCUSED IN CRIMINAL PROSECUTIONS
Art. I §10 | PROHIBITION OF DOUBLE JEOPARDY
Art. I §11 | BAN ON EX POST FACTO LAWS
Art. I §12 | RESTRICTIONS ON CORRUPTION OF BLOOD AND FORFEITURES
Art. I §13 | HUMANE TREATMENT OF JAILED PERSONS
Art. I §14 | CRIMINAL CHARGES: PRESENTMENT, INDICTMENT, OR IMPEACHMENT
Art. I §15 | BAIL AND SUSPENSION OF HABEAS CORPUS
Art. I §16 | BAN ON EXCESSIVE BAIL, FINES, AND CRUEL PUNISHMENTS
Art. I §17 | ACCESS TO COURTS AND JUSTICE WITHOUT DELAY
Art. I §18 | PROHIBITION OF IMPRISONMENT FOR DEBT
Art. I §19 | FREEDOM OF PRESS AND EXPRESSION
Art. I §20 | BAN ON RETROSPECTIVE LAWS AND CONTRACT IMPAIRMENTS
Art. I §21 | PROPERTY RIGHTS AND JUST COMPENSATION
Art. I §22 | BAN ON PERPETUITIES AND MONOPOLIES
Art. I §23 | RIGHT TO ASSEMBLE AND PETITION FOR GRIEVANCES
Art. I §24 | WELL-REGULATED MILITIA AND SUBORDINATION OF MILITARY TO CIVIL AUTHORITY
Art. I §25 | LIMITS ON MARTIAL LAW FOR CITIZENS
Art. I §26 | RIGHT TO BEAR ARMS AND REGULATION OF CARRYING ARMS
Art. I §27 | PROTECTION AGAINST QUARTERING OF SOLDIERS
Art. I §28 | RIGHT TO AVOID BEARING ARMS BY PAYING EQUIVALENT
Art. I §29 | FREE NAVIGATION OF THE MISSISSIPPI RIVER
Art. I §30 | BAN ON HEREDITARY PRIVILEGES AND HONORS
Art. I §31 | LIMITS AND BOUNDARIES OF THE STATE OF TENNESSEE
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 , 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;
Art. I §32 | PRISON SAFETY AND HUMANE TREATMENT
Art. I §33 | PROHIBITION OF SLAVERY AND INVOLUNTARY SERVITUDE
Art. I §34 | BAN ON RECOGNIZING PROPERTY IN MAN
Art. I §35 | VICTIMS’ RIGHTS TO JUSTICE AND DUE PROCESS
2. The right to be free from intimidation, harassment and abuse throughout the criminal justice system.
3. The right to be present at all proceedings where the defendant has the right to be present.
4. The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.
5. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person.
6. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
7. The right to restitution from the offender.
8. The right to be informed of each of the rights established for victims.
Art. I §36 | NO SECURED RIGHT TO ABORTION; LEGISLATIVE AUTHORITY
Article II
Distribution of Powers
Art. II §1 | DIVISION OF GOVERNMENT INTO THREE BRANCHES
Art. II §2 | PROHIBITION OF POWERS CROSSING BRANCHES
Art. II §3 | LEGISLATIVE AUTHORITY VESTED IN THE GENERAL ASSEMBLY
Art. II §4 | APPORTIONMENT OF SENATORS AND REPRESENTATIVES
Art. II §5 | FIXED NUMBER AND DISTRIBUTION OF REPRESENTATIVES
Art. II §5a | DISTRICT REPRESENTATION BY QUALIFIED VOTERS
Art. II §6 | DETERMINATION OF SENATORIAL APPORTIONMENT
Art. II §6a | REPRESENTATION BY QUALIFIED VOTERS IN DISTRICTS
Art. II §7 | ELECTION TIMETABLE FOR SENATORS AND REPRESENTATIVES
Art. II §8 | LEGISLATIVE SESSIONS AND GOVERNOR’S INAUGURATION
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 , or by the presiding officers of both Houses at the written request of two-thirds of the members of each House.
Art. II §9 | QUALIFICATIONS FOR REPRESENTATIVES
Art. II §10 | QUALIFICATIONS FOR SENATORS AND RESTRICTIONS ON OFFICEHOLDERS
Art. II §11 | ORGANIZING AND MANAGING THE GENERAL ASSEMBLY
Art. II §12 | AUTHORITY OF EACH HOUSE TO GOVERN BEHAVIOR AND EXPEL MEMBERS
Art. II §13 | LEGISLATORS' IMMUNITY AND SPEECH PROTECTIONS
Art. II §14 | POWER TO PUNISH CONTEMPT BY IMPRISONMENT
Art. II §15 | FILLING VACANCIES IN LEGISLATIVE SEATS
(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.
Art. II §16 | RULES FOR ADJOURNMENT BETWEEN HOUSES
Art. II §17 | PROCESS FOR BILLS TO BECOME LAW
Art. II §18 | PROHIBITION OF REINTRODUCING REJECTED BILLS
Art. II §19 | LAW ENFORCEMENT STYLE AND TIMELINES
Art. II §20 | TRANSPARENCY THROUGH JOURNALS OF PROCEEDINGS
Art. II §21 | OPEN DOORS POLICY WITH EXCEPTIONS FOR SECRET MATTERS
Art. II §22 | LEGISLATORS' COMPENSATION AND EXPENSE RULES
Art. II §23 | LIMITS ON EXPENDITURE OF PUBLIC MONEY
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.
Art. II §24 | DISQUALIFICATION OF OFFICEHOLDERS WITH UNSETTLED PUBLIC FUNDS
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.
Art. II §25 | RESTRICTIONS ON HOLDING MULTIPLE OFFICES SIMULTANEOUSLY
Art. II §26 | RIGHTS TO DISSENT AND RECORD PROTESTS
Art. II §27 | TAXATION GUIDELINES FOR PROPERTY AND ELDERLY RELIEF
Art. II §28 | COUNTY AND CITY AUTHORITY TO TAX AND LEND CREDIT
Real property shall be classified into four (4) subclassifications and assessed as follows:
(b) Industrial and Commercial Property, to be assessed at forty (40%) per cent of its value;
(c) Residential Property, to be assessed at twenty-five (25%) per cent of its value, provided that residential property containing two (2) or more rental units is hereby defined as industrial and commercial property; and
(d) Farm Property, to be assessed at twenty-five (25%) per cent of its value.
The Legislature shall provide, in such a manner as it deems appropriate, tax relief to elderly low-income taxpayers through payments by the State to reimburse all or part of the taxes paid by such persons on owner-occupied residential property, but such reimbursement shall not be an obligation imposed, directly or indirectly, upon Counties, Cities, or Towns.
By general law, the Legislature may authorize the following program of tax relief:
2. Any taxpayer who reaches the age of sixty-five (65) after the time the ordinance or resolution is adopted, who owns residential property as the taxpayer’s principal place of residence shall thereafter pay taxes on such property in an amount not to exceed the maximum amount of tax on such property imposed in the tax year in which such taxpayer reaches age sixty-five (65); and
3. Any taxpayer who is sixty-five (65) years of age or older who purchases residential property as the taxpayer’s principal place of residence after the taxpayer’s sixty-fifth birthday shall pay taxes in an amount not to exceed the maximum amount of tax imposed on such property in the tax year in which such property is purchased.
(c) Any taxpayer or taxpayers who own residential property as their principal place of residence whose total or combined annual income, or wealth exceeds an amount to be determined by the General Assembly shall not be eligible to receive the tax relief provided in subsection (a) or (b).
Tangible Personal Property shall be classified into three (3) subclassifications and assessed as follows:
(b) Industrial and Commercial Property, to be assessed at thirty (30%) per cent of its value; and
(c) All other Tangible Personal Property, to be assessed at five (5%) per cent of its value; provided, however, that the Legislature shall exempt Seven Thousand Five Hundred ($7,500) Dollars worth of such Tangible Personal Property which shall cover personal household goods and furnishings, wearing apparel and other such tangible property in the hands of a taxpayer.
The 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 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.
Notwithstanding the authority to tax privileges or any other authority set forth in this Constitution, the Legislature shall not levy, authorize or otherwise permit any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income; however, nothing contained herein shall be construed as prohibiting any tax in effect on January 1, 2011, or adjustment of the rate of such tax.
This amendment shall take effect on the first day of January, 1973.
Art. II §29 | TAX RESTRICTIONS ON MANUFACTURED GOODS
Art. II §30 | LIMITS ON STATE CREDIT AND OWNERSHIP IN ENTERPRISES
Art. II §31 | PROCEDURES FOR RATIFYING FEDERAL CONSTITUTIONAL AMENDMENTS
Art. II §32 | RESTRICTIONS ON BONDS FOR RAILROAD COMPANIES
Art. II §33 | CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR TAXES
Article III
Executive Department
Art. III §1 | SUPREME EXECUTIVE AUTHORITY HELD BY GOVERNOR
Art. III §2 | ELECTION PROCEDURES FOR GOVERNOR
Art. III §3 | ELIGIBILITY REQUIREMENTS FOR GOVERNORSHIP
Art. III §4 | TERM LIMITS AND SUCCESSION RULES FOR GOVERNOR
Art. III §5 | GOVERNOR’S ROLE AS COMMANDER-IN-CHIEF
Art. III §6 | POWERS OF REPRIEVE AND PARDON
Art. III §7 | GOVERNOR’S COMPENSATION AND ITS STABILITY
Art. III §8 | OBTAINING INFORMATION FROM EXECUTIVE OFFICERS
Art. III §9 | GOVERNOR’S AUTHORITY TO CONVENE GENERAL ASSEMBLY
Art. III §10 | DUTY TO ENFORCE LAWS
Art. III §11 | REPORTS ON STATE GOVERNANCE AND RECOMMENDATIONS
Art. III §12 | PROCEDURES FOR SUCCESSION DURING GOVERNOR’S ABSENCE
Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.
Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker's position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker's salary and not receive the Governor's salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting Governor.
Art. III §13 | RESTRICTIONS ON HOLDING MULTIPLE OFFICES AS GOVERNOR
Art. III §14 | GOVERNOR’S AUTHORITY TO FILL VACANCIES TEMPORARILY
Art. III §15 | STATE SEAL USAGE AND CUSTODY
Art. III §16 | AUTHORITY AND FORMAT OF STATE GRANTS AND COMMISSIONS
Art. III §17 | APPOINTMENT AND RESPONSIBILITIES OF SECRETARY OF STATE
Art. III §18 | BILL APPROVAL PROCESS BY GOVERNOR
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
Art. IV §1 | ELIGIBILITY AND REQUIREMENTS FOR VOTING RIGHTS
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.
Art. IV §2 | EXCLUSION FROM SUFFRAGE DUE TO INFAMOUS CRIMES
Art. IV §3 | ELECTORAL PRIVILEGE FROM ARREST DURING ELECTIONS
Art. IV §4 | VOTING METHODS FOR LEGISLATIVE AND PUBLIC ELECTIONS
Article V
Impeachments
Art. V §1 | HOUSE OF REPRESENTATIVES' SOLE AUTHORITY TO IMPEACH
Art. V §2 | SENATE’S ROLE IN IMPEACHMENT TRIALS AND CONVICTION STANDARDS
Art. V §3 | IMPEACHMENT PROSECUTION AND TIMING OF TRIALS
Art. V §4 | IMPEACHMENT RULES FOR PUBLIC OFFICIALS AND PENALTIES
Art. V §5 | INDICTMENTS AND REMOVAL FOR JUSTICES AND OTHER CIVIL OFFICERS
Article VI
Judicial Department
Art. VI §1 | JUDICIAL POWER AND COURT STRUCTURE
Art. VI §2 | COMPOSITION AND JURISDICTION OF THE SUPREME COURT
Art. VI §3 | JUDICIAL APPOINTMENT, CONFIRMATION, AND TERM LIMITS
Art. VI §4 | ELECTION AND QUALIFICATIONS OF INFERIOR COURT JUDGES
Art. VI §5 | APPOINTMENT AND DUTIES OF ATTORNEYS GENERAL
Art. VI §6 | REMOVAL OF JUDGES AND ATTORNEYS GENERAL BY THE LEGISLATURE
Art. VI §7 | JUDGES’ COMPENSATION AND PROHIBITION OF FEE-BASED INCOME
Art. VI §8 | JURISDICTION OF INFERIOR COURTS UNTIL LEGISLATIVE CHANGES
Art. VI §9 | GUIDELINES FOR JUDGES' INSTRUCTIONS TO JURIES
Art. VI §10 | POWER OF INFERIOR JUDGES TO ISSUE WRITS OF CERTIORARI
Art. VI §11 | JUDICIAL RECUSAL AND APPOINTMENT OF SPECIAL JUDGES
Art. VI §12 | PROCEDURES FOR WRITS, PROCESS, AND INDICTMENTS
Art. VI §13 | APPOINTMENT AND TENURE OF COURT CLERKS
Art. VI §14 | JURY ASSESSMENT FOR FINES EXCEEDING FIFTY DOLLARS
Article VII
State and County Officers
Art. VII §1 | ELECTION AND TERMS FOR COUNTY LEGISLATIVE BODIES AND OFFICIALS
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 , 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.
Art. VII §2 | FILLING VACANCIES IN COUNTY OFFICES
Art. VII §3 | STATE TREASURY APPOINTMENTS AND TERMS
Art. VII §4 | LEGISLATIVE AUTHORITY FOR ELECTING OFFICERS AND FILLING VACANCIES
Art. VII §5 | ELECTION TIMELINES AND TERMS FOR CIVIL OFFICERS AND GOVERNORS
Article VIII
Militia
Art. VIII §1 | ELECTION OF MILITIA OFFICERS BY MILITARY PERSONNEL
Art. VIII §2 | GOVERNOR’S AUTHORITY TO APPOINT MILITARY STAFF OFFICERS
Art. VIII §3 | EXEMPTIONS FROM MILITARY SERVICE FOR RELIGIOUS BELIEFS
Article IX
Disqualifications
Art. IX §1 | [DELETED]
Art. IX §2 | PROHIBITION OF OFFICEHOLDING FOR THOSE DENYING GOD OR FUTURE ACCOUNTABILITY
Art. IX §3 | BAN ON DUELING AND ITS CONSEQUENCES FOR PUBLIC OFFICE ELIGIBILITY
Article X
Oaths, Bribery of Electors, New Counties
Art. X §1 | OATH OF OFFICE REQUIREMENT FOR PUBLIC OFFICIALS
Art. X §2 | MANDATORY OATH FOR LEGISLATIVE MEMBERS
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.
Art. X §3 | PROHIBITION ON GIFTS OR REWARDS FOR ELECTORAL INFLUENCE
Art. X §4 | GUIDELINES FOR ESTABLISHING NEW COUNTIES
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 south east 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.
Art. X §5 | VOTING RIGHTS FOR CITIZENS IN NEWLY FORMED COUNTIES
Article XI
Miscellaneous Provisions
Art. XI §1 | CONTINUATION OF LAWS CONSISTENT WITH THE CONSTITUTION
Art. XI §2 | PROTECTION OF DEBTS, CONTRACTS, AND PROPERTY RIGHTS
Art. XI §3 | AMENDMENT PROCEDURES AND CONVENTION GUIDELINES
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.
Art. XI §4 | DIVORCE AUTHORITY RESERVED FOR THE COURTS
Art. XI §5 | LOTTERY RESTRICTIONS AND STATE LOTTERY ALLOCATIONS
2. Early learning programs and after school programs.
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) or a 501(c)(19) organization, as defined by the 2000 United States Tax Code, located in this state.
A state lottery means a lottery of the type such as in operation in Georgia, Kentucky and Virginia in 2000, and the amendment to 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.
Art. XI §6 | CHANGING NAMES AND LEGITIMIZING PERSONS BY COURTS
Art. XI §7 | REGULATION OF INTEREST RATES AND LOAN CHARGES
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.
Art. XI §8 | EQUALITY UNDER GENERAL LAWS AND PROHIBITION OF SPECIAL PRIVILEGES
Art. XI §9 | AUTHORITY OVER LOCAL AND PRIVATE AFFAIRS
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 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.
Art. XI §10 | PROMOTION OF INTERNAL IMPROVEMENTS
Art. XI §11 | HOMESTEAD AND PERSONAL PROPERTY EXEMPTIONS
Art. XI §12 | SUPPORT AND MAINTENANCE OF PUBLIC EDUCATION
Art. XI §13 | PRESERVATION AND REGULATION OF GAME AND FISH
Art. XI §14 | [REPEALED]
Art. XI §15 | RELIGIOUS OBSERVANCE AND EXEMPTION FROM PUBLIC SERVICE ON DAYS OF REST
Art. XI §16 | BILL OF RIGHTS DECLARATION AND SAFEGUARDS
Art. XI §17 | COUNTY OFFICE ELECTION OR APPOINTMENT PROCEDURES
Art. XI §18 | DEFINITION OF MARRIAGE AS BETWEEN ONE MAN AND ONE WOMAN
Art. XI §19 | PROHIBITION OF EMPLOYMENT DISCRIMINATION BASED ON LABOR UNION AFFILIATION
Article Schedule
Schedule
Sch. §1 | TRANSITIONAL TERMS FOR ELECTED AND APPOINTED OFFICERS
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.
Sch. §2 | INITIAL STRUCTURE AND FUNCTIONS OF THE SUPREME COURT
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.
Sch. §3 | MANDATORY OATH FOR JUDGES AND EXECUTIVE OFFICERS
Sch. §4 | EXEMPTION PERIOD FOR STATUTES OF LIMITATION DUE TO CIVIL WAR
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
