Constitution Of The State Of Tennessee

The first Constitution of the state of Tennessee was written in Knoxville
during the winter of 1796, the year the state was created from the geographic
area known as the Southwest Territory. The first constitution was not put to a
vote of the citizens of the new state for ratification, but was approved by Congress.
It gave almost complete control of state government to the legislative
branch, thus abrogating the fundamental “balance of power” principle. This
fact, among others, led to the calling of a new constitutional convention.
The second convention met in Nashville during the Spring of 1834. A new
constitution was approved by the people in March, 1835.
The 1835 document stood until 1870, five years after the ending of the War
Between the States. Delegates elected in December, 1869, met in Nashville on
January 10, 1870, wrote a new constitution and adjourned on February 23,
1870. The new constitution was ratified by the people on the fourth Saturday in
March, 1870.
The 1870 constitution stood unchanged until 1953, when it was first amended.
Further amendments followed in 1960, 1966, 1972, 1978, 1998, and 2003.
Preamble and Declaration of Rights
Whereas, The people of the territory of the 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 ninetysix,
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
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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.
Section 1. That all power is inherent in the people, and all free governments
are founded on their authority, and instituted for their peace, safety, and happiness;
for the advancement of those ends they have at all times, an unalienable
and indefeasible right to alter, reform, or abolish the government in such manner
as they may think proper.
Section 2. That government being instituted for the common benefit, the
doctrine of nonresistance against arbitrary power and oppression is absurd,
slavish, and destructive of the good and happiness of mankind.
Section 3. That all men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own conscience; that no man
can of right be compelled to attend, erect, or support any place of worship, or to
maintain any minister against his consent; that no human authority can, in
any case whatever, control or interfere with the rights of conscience; and that
no preference shall ever be given, by law, to any religious establishment or
mode of worship.
Section 4. That no political or religious test, other than an oath to support
the Constitution of the United States and of this state, shall ever be required as
a qualification to any office or public trust under this state.
Section 5. The elections shall be free and equal, and the right of suffrage, as
hereinafter declared, shall never be denied to any person entitled thereto, except
upon a conviction by a jury of some infamous crime, previously ascertained
and declared by law, and judgment thereon by court of competent jurisdiction.
Section 6. That the right of trial by jury shall remain inviolate, and no
religious or political test shall ever be required as a qualification for jurors.
Section 7. That the people shall be secure in their persons, houses, papers
and possessions, from unreasonable searches and seizures; and that general
warrants, whereby an officer may be commanded to search suspected places,
without evidence of the fact committed, or to seize any person or persons not
named, whose offences are not particularly described and supported by evidence,
are dangerous to liberty and ought not be granted.
Section 8. That no man shall be taken or imprisoned, or disseized of his
freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed
or deprived of his life, liberty or property, but by the judgment of his
peers, or the law of the land.
Section 9. That in all criminal prosecutions, the accused hath the right to be
heard by himself and his counsel; to demand the nature and cause of the accusation
against him, and to have a copy thereof, to meet the witnesses face to face,
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to have compulsory process for obtaining witnesses in his favor, and in prosecutions
by indictment or presentment, a speedy public trial, by an impartial jury
of the county in which the crime shall have been committed, and shall not be
compelled to give evidence against himself.
Section 10. That no person shall, for the same offence, be twice put in jeopardy
of life or limb.
Section 11. That laws made for the punishment of acts committed previous
to the existence of such laws, and by them only declared criminal, are contrary
to the principles of a free government; wherefore no ex post facto law shall be
made.
Section 12. That no conviction shall work corruption of blood or forfeiture
of estate. The estate of such persons as shall destroy their own lives shall descend
or vest as in case of natural death. If any person be killed by casualty,
there shall be no forfeiture in consequence thereof.
Section 13. That no person arrested and confined in jail shall be treated
with unnecessary rigor.
Section 14. That no person shall be put to answer any criminal charge but
by presentment, indictment or impeachment.
Section l5. That all prisoners shall be bailable by sufficient sureties, unless for
capital offences, when the proof is evident, or the presumption great. And the privilege
of the writ of Habeas Corpus shall not be suspended, unless when in case of
rebellion or invasion, the General Assembly shall declare the public safety requires
it.
Section 16. That excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Section 17. That all courts shall be open; and every man, for an injury done
him in his lands, goods, person or reputation, shall have remedy by due course
of law, and right and justice administered without sale, denial, or delay. Suits
may be brought against the state in such manner and in such courts as the
Legislature may by law direct.
Section 18. The Legislature shall pass no law authorizing imprisonment
for debt in civil cases.
Section 19. That the printing press shall be free to every person to examine
the proceedings of the Legislature; or of any branch or officer of the government,
and no law shall ever be made to restrain the right thereof. The free
communication of thoughts and opinions, is one of the invaluable rights of man
and every citizen may freely speak, write, and print on any subject, being responsible
for the abuse of that liberty. But in prosecutions for the publication of
papers investigating the official conduct of officers, or men in public capacity,
the truth thereof may be given in evidence; and in all indictments for libel, the
jury shall have a right to determine the law and the facts, under the direction of
the court, as in other criminal cases.
Section 20. That no retrospective law, or law impairing the obligations of
contracts, shall be made.
Section 21. That no man’s particular services shall be demanded, or property
taken, or applied to public use, without the consent of his representatives,
or without just compensation being made therefore.
Section 22. That perpetuities and monopolies are contrary to the genius of
a free state, and shall not be allowed.
Section 23. That the citizens have a right, in a peaceable manner, to assemble
together for their common good, to instruct their representatives, and
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to apply to those invested with the powers of government for redress of grievances,
or other proper purposes, by address of remonstrance.
Section 24. That the sure and certain defense of a free people, is a well
regulated militia; and, as standing armies in time of peace are dangerous to
freedom, they ought to be avoided as far as the circumstances and safety of the
community will admit; and that in all cases the military shall be kept in strict
subordination to the civil authority.
Section 25. That no citizen of this state, except such as are employed in the
army of the United States, or militia in actual service, shall be subjected to
punishment under the martial or military law. That martial law, in the sense
of the unrestricted power of military officers, or others, to dispose of the persons,
liberties or property of the citizen, is inconsistent with the principles of
free government, and is not confided to any department of the government of
this state.
Section 26. That the citizens of this state have a right to keep and to bear
arms for their common defense; but the Legislature shall have power, by law,
to regulate the wearing of arms with a view to prevent crime.
Section 27. That no soldier shall, in time of peace, be quartered in any
house without the consent of the owner; nor in time of war, but in a manner
prescribed by law.
Section 28. That no citizen of this state shall be compelled to bear arms,
provided he will pay an equivalent, to be ascertained by law.
Section 29. That an equal participation in the free navigation of the
Mississippi, is one of the inherent rights of the citizens of this state; it cannot,
therefore, be conceded to any prince, potentate, power, person or persons whatever.
Section 30. That no hereditary emoluments, privileges, or honors, shall ever
be granted or conferred in this state.
Section 31. That the limits and boundaries of this state be ascertained, it is
declared they are as hereafter mentioned, that is to say: Beginning on the extreme
height of the Stone Mountain, at the place where the line of Virginia
intersects it, in latitude thirty-six degrees and thirty minutes north; running
thence along the extreme height of the said mountain, to the place where
Watauga river breaks through it; thence a direct course to the top of the Yellow
Mountain, where Bright’s road crosses the same; thence along the ridge of said
mountain, between the waters of Doe river and the waters of Rock creek, to the
place where the road crosses the Iron Mountain; from thence along the extreme
height of said mountain, to the place where Nolichucky river runs through the
same; thence to the top of the Bald Mountain; thence along the extreme height
of said mountain to the Painted Rock on French Broad river; thence along the
highest ridge of said mountain, to the place where it is called the Great Iron or
Smoky Mountain; thence along the extreme height of said mountain to the place
where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee
and Old Chota; thence along the main ridge of the said mountain to the southern
boundary of this state, as described in the act of cession of North Carolina
to the United States of America; and that all the territory, lands and waters
lying west of said line, as before mentioned, and contained within the chartered
limits of the state of North Carolina, are within the boundaries and limits of
this state, over which the people have the right of exercising sovereignty, and the
right of soil, so far as is consistent with the Constitution of the United States,
recognizing the Articles of Confederation, the Bill of Rights and Constitution of
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North Carolina, the cession act of the said state, and the ordinance of Congress
for the government of the territory north west of Ohio; Provided, nothing herein
contained shall extend to affect the claim or claims of individuals to any part of
the soil which is recognized to them by the aforesaid cession act; And provided
also, that the limits and jurisdiction of this state shall extend to any other land
and territory now acquired, or that may hereafter be acquired, by compact or
agreement with other states, or otherwise, although such land and territory are
not included within the boundaries herein before designated.
Section 32. That the erection of safe prisons, the inspection of prisons, and
the humane treatment of prisoners, shall be provided for.
Section 33. That slavery and involuntary servitude, except as a punishment
for crime, whereof the party shall have been duly convicted, are forever prohibited
in this state.
Section 34. The General Assembly shall make no law recognizing the right
of property in man.
Section 35. To preserve and protect the rights of victims of crime to justice
and due process, victims shall be entitled to the following basic rights:
Section 35a. The right to confer with the prosecution.
Section 35b. The right to be free from intimidation, harassment and abuse
throughout the criminal justice system.
Section 35c The right to be present at all proceedings where the defendant
has the right to be present.
Section 35d. The right to be heard, when relevant, at all critical stages
of the criminal justice process as defined by the General Assembly.
Section 35e. The right to be informed of all proceedings, and of the release,
transfer or escape of the accused or convicted person.
Section 35f . The right to a speedy trial or disposition and a prompt and
final conclusion of the case after the conviction or sentence.
Section 35g. The right to restitution from the offender.
Section 35h. The right to be informed of each of the rights established
for victims.
The General Assembly has the authority to enact substantive and procedural
laws to define, implement, preserve and protect the rights guaranteed to
victims by this section.
ARTICLE II.
Distribution of Powers.
Section 1. The powers of the government shall be divided into three distinct
departments: legislative, executive, and judicial.
Section 2. No person or persons belonging to one of these departments shall
exercise any of the powers properly belonging to either of the others, except in
the cases herein directed or permitted.
Legislative Department.
Section 3. The legislative authority of this state shall be vested in a General
Assembly, which shall consist of a Senate and House of Representatives, both
dependent on the people. Representatives shall hold office for two years and
senators for four years from the day of the general election, except that the
speaker of the Senate and the speaker of the House of Representatives each
shall hold his office as speaker for two years or until his successor is elected and
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qualified provided however, that in the first general election after adoption of
this amendment senators elected in districts designated by even numbers shall
be elected for four years and those elected in districts designated by odd numbers
shall be elected for two years. In a county having more than one senatorial
district, the districts shall be numbered consecutively.
Section 4. The apportionment of senators and representatives shall be
substantially according to population. After each decennial census made by the
Bureau of Census of the United States is available the General Assembly shall
establish senatorial and representative districts. Nothing in this Section nor in
this Article II shall deny to the General Assembly the right at any time to
apportion one House of the General Assembly using geography, political subdivisions,
substantially equal population and other criteria as factors; provided
such apportionment when effective shall comply with the Constitution of the
United States as then amended or authoritatively interpreted. If the Constitution
of the United States shall require that legislative apportionment not based
entirely on population be approved by vote of the electorate, the General Assembly
shall provide for such vote in the apportionment act.
Section 5. The number of representatives shall be ninety-nine and shall be
apportioned by the General Assembly among the several counties or districts as
shall be provided by law. Counties having two or more representatives shall be
divided into separate districts. In a district composed of two or more counties
each county shall adjoin at least one other county of such district; and no county
shall be divided in forming such a district.
Section 5a. Each district shall be represented by a qualified voter of that
district.
Section 6. The number of senators shall be apportioned by the General Assembly
among the several counties or districts substantially according to population,
and shall not exceed one-third the number of representatives. Counties
having two or more senators shall be divided into separate districts. In a district
composed of two or more counties, each county shall adjoin at least one other
county of such district; and no county shall be divided in forming such a district.
Section 6a. Each district shall be represented by a qualified voter of that
district.
Section 7. The first election for senators and representatives shall be held on
the second Tuesday in November, one thousand eight hundred and seventy; and
forever thereafter, elections for members of the General Assembly shall be held
once in two years, on the first Tuesday after the first Monday in November. Said
elections shall terminate the same day.
Section 8. Legislative sessions—Governor’s inauguration—the General Assembly
shall meet in organizational session on the second Tuesday in January
next succeeding the election of the members of the House of Representatives,
at which session, if in order, the governor shall be inaugurated. The General
Assembly shall remain in session for organizational purposes not longer than
fifteen consecutive calendar days, during which session no legislation shall be
passed on third and final consideration. Thereafter, the General Assembly shall
meet on the first Tuesday next following the conclusion of the organizational
session unless the General Assembly by joint resolution of both houses sets an
earlier date.
The General Assembly may by joint resolution recess or adjourn until such
time or times as it shall determine. It shall be convened at other times by the
governor as provided in Article III, Section 9, or by the presiding officers of both
Houses at the written request of two-thirds of the members of each House.
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Section 9. No person shall be a representative unless he shall be a citizen of
the United States, of the age of twenty-one years, and shall have been a citizen
of this state for three years, and a resident in the county he represents one
year, immediately preceding the election.
Section 10. No person shall be a senator unless he shall be a citizen of the
United States, of the age of thirty years, and shall have resided three years in
this state, and one year in the county or district, immediately preceding the election.
No senator or representative shall, during the time for which he was elected,
be eligible to any office or place of trust, the appointment to which is vested in the
executive or the General Assembly, except to the office of trustee of a literary
institution.
Section 11. The Senate and House of Representatives, when assembled shall
each choose a speaker and its other officers; be judges of the qualifications and
election of its members, and sit upon its own adjournments from day to day.
Not less than two-thirds of all the members to which each house shall be entitled
shall constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may be authorized, by law, to compel the attendance
of absent members.
Section 12. Each house may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of two-thirds,
expel a member, but not a second time for the same offence, and shall have all
other powers necessary for a branch of the Legislature of a free state.
Section 13. Senators and representatives shall, in all cases, except treason,
felony, or breach of the peace, be privileged from arrest during the session of
the General Assembly, and in going to and returning from the same; and for
any speech or debate in either House, they shall not be questioned in any other
place.
Section 14. Each House may punish, by imprisonment, during its session,
any person not a member, who shall be guilty of disrespect to the House, by any
disorderly or any contemptuous behavior in its presence.
Section 15. Vacancies. When the seat of any member of either House becomes
vacant, the vacancy shall be filled as follows:
(a) When twelve months or more remain prior to the next general election
for legislators, a successor shall be elected by the qualified voters of the district
represented, and such successor shall serve the remainder of the original terms.
The election shall be held within such time as provided by law. The legislative
body of the replaced legislator’s county of residence at the time of his or her
election may elect an interim successor to serve until the election.
(b) When less than twelve months remain prior to the next general election
for legislators, a successor shall be elected by the legislative body of the replaced
legislator’s county of residence at the time of his or her election. The
term of any senator so elected shall expire at the next general election for legislators,
at which election a successor shall be elected.
(c) Only a qualified voter of the district represented shall be eligible to succeed
to the vacant seat.
Section 16. Neither house shall, during its session, adjourn without the
consent of the other for more than three days, nor to any other place than that
in which the two Houses shall be sitting.
Section 17. Bills may originate in either House; but may be amended, altered
or rejected by the other. No bill shall become a law which embraces more
than one subject, that subject to be expressed in the title. All acts which repeal,
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revive or amend former laws, shall recite in their caption, or otherwise, the title
or substance of the law repealed, revived or amended.
Section 18. A bill shall become law when it has been considered and passed
on three different days in each House and on third and final consideration has
received the assent of a majority of all the members to which each House is
entitled under this Constitution, when the respective speakers have signed the
bill with the date of such signing appearing in the journal, and when the bill
has been approved by the governor or otherwise passed under the provisions of
this Constitution.
Section 19. After a bill has been rejected, no bill containing the same substance
shall be passed into a law during the same session.
Section 20. The style of the laws of this state shall be, “Be it enacted by the
General Assembly of the State of Tennessee.” No law of a general nature shall
take effect until forty days after its passage unless the same or the caption
thereof shall state that the public welfare requires that it should take effect
sooner.
Section 21. Each House shall keep a journal of its proceedings, and publish
it, except such parts as the welfare of the state may require to be kept secret;
the ayes and noes shall be taken in each House upon the final passage of every
bill of a general character, and bills making appropriations of public moneys;
and the ayes and noes of the members on any question, shall, at the request of
any five of them, be entered on the journal.
Section 22. The doors of each House and of committees of the whole shall be
kept open, unless when the business shall be such as ought to be kept secret.
Section 23. Each member of the General Assembly shall receive an annual
salary of $1,800.00 per year payable in equal monthly installments from the
date of his election, and in addition, such other allowances for expenses in attending
sessions or committee meetings as may be provided by law. The senators,
when sitting as a Court of Impeachment, shall receive the same allowances
for expenses as have been provided by law for the members of the General
Assembly. The compensation and expenses of the members of the General
Assembly may from time to time be reduced or increased by laws enacted by
the General Assembly; however, no increase or decrease in the amount thereof
shall take effect until the next general election for representatives to the General
Assembly. Provided, further, that the first General Assembly meeting after
adoption of this amendment shall be allowed to set its own expenses. However,
no member shall be paid expenses, nor travel allowances for more than
ninety Legislative days of a regular session, excluding the organization session,
nor for more than thirty Legislative days of any extraordinary session.
This amendment shall take effect immediately upon adoption so that any
member of the General Assembly elected at a general election wherein this
amendment is approved shall be entitled to the compensation set herein.
Section 24. No public money shall be expended except pursuant to appropriations
made by law. Expenditures for any fiscal year shall not exceed the state’s
revenues and reserves, including the proceeds of any debt obligation, for that
year. No debt obligation, except as shall be repaid within the fiscal year of
issuance, shall be authorized for the current operation of any state service or
program, nor shall the proceeds of any debt obligation be expended for a purpose
other than that for which it was authorized.
In no year shall the rate of growth of appropriations from state tax revenues
exceed the estimated rate of growth of the state’s economy as determined by
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law. No appropriation in excess of this limitation shall be made unless the
General Assembly shall, by law containing no other subject matter, set forth
the dollar amount and the rate by which the limit will be exceeded.
Any law requiring the expenditure of state funds shall be null and void unless,
during the session in which the act receives final passage, an appropriation
is made for the estimated first year’s funding.
No law of general application shall impose increased expenditure requirements
on cities or counties unless the General Assembly shall provide that the
state share in the cost.
An accurate financial statement of the state’s fiscal condition shall be published
annually.
Section 25. No person who heretofore hath been, or may hereafter be, a
collector or holder of public moneys, shall have a seat in either House of the
General Assembly, or hold any other office under the state government, until
such person shall have accounted for, and paid into the Treasury, all sums for
which he may be accountable or liable.
Section 26. No judge of any court of law or equity, secretary of state, attorney
general, register, clerk of any Court of Record, or person holding any office
under the authority of the United States, shall have a seat in the General Assembly;
nor shall any person in this state hold more than one lucrative office at
the same time; provided, that no appointment in the Militia, or to the Office of
Justice of the Peace, shall be considered a lucrative office, or operative as a
disqualification to a seat in either House of the General Assembly.
Section 27. Any member of either House of the General Assembly shall
have liberty to dissent from and protest against, any act or resolve which he
may think injurious to the public or to any individual, and to have the reasons
for his dissent entered on the journals.
Section 28. In accordance with the following provisions, all property real,
personal or mixed shall be subject to taxation, but the Legislature may except
such as may be held by the state, by counties, cities or towns, and used exclusively
for public or corporation purposes, and such as may be held and used for
purposes purely religious, charitable, scientific, literary or educational, and
shall except the direct product of the soil in the hands of the producer, and his
immediate vendee, and the entire amount of money deposited in an individual’s
personal or family checking or savings accounts. For purposes of taxation, property
shall be classified into three classes, to wit: Real Property, Tangible Personal
Property and Intangible Personal Property.
Real property shall be classified into four (4) subclassifications and assessed
as follows:
(a) Public Utility Property, to be assessed at fifty-five (55%) percent of its
value;
(b) Industrial and Commercial Property, to be assessed at forty (40%) percent
of its value;
(c) Residential Property, to be assessed at twenty-five (25%) percent of its
value, provided that residential property containing two (2) or more rental units
is hereby defined as industrial and commercial property; and
(d) Farm Property, to be assessed at twenty-five (25%) percent of its value.
House trailers, mobile homes, and all other similar movable structures used
for commercial, industrial, or residential purposes shall be assessed as real
property as an improvement to the land where located.
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The Legislature shall provide, in such a manner as it deems appropriate, tax
relief to elderly, low-income taxpayers through payments by the state to reimburse
all or part of the taxes paid by such persons on owner-occupied residential
property, but such reimbursement shall not be an obligation imposed, directly
or indirectly, upon counties, cities or towns.
The Legislature may provide tax relief to home owners totally and permanently
disabled, irrespective of age, as provided herein for the elderly.
Tangible personal property shall be classified into three (3) subclassifications
and assessed as follows:
(a) Public Utility Property, to be assessed at fifty-five (55%) percent of its
value;
(b) Industrial and Commercial Property, to be assessed at thirty (30%) percent
of its value; and
(c) All other Tangible Personal Property, to be assessed at five (5%) percent
of its value; provided, however, that the Legislature shall exempt seven thousand
five hundred ($7,500) dollars worth of such Tangible Personal Property
which shall cover personal household goods and furnishings, wearing apparel
and other such tangible property in the hands of a taxpayer.
The Legislature shall have power to classify Intangible Personal Property
into subclassifications and to establish a ratio of assessment to value in each
class or subclass, and shall provide fair and equitable methods of apportionment
of the value of same to this state for purposes of taxation. Banks, insurance
companies, loan and investment companies, savings and loan associations,
and all similar financial institutions, shall be assessed and taxed in such manner
as the Legislature shall direct; provided that for the year 1973, or until
such time as the Legislature may provide otherwise, the ratio of assessment to
value of property presently taxed shall remain the same as provided by law for
the year 1972; provided further that the taxes imposed upon such financial
institutions, and paid by them, shall be in lieu of all taxes on the redeemable or
cash value of all of their outstanding shares of capital stock, policies of insurance,
customer savings and checking accounts, certificates of deposit, and certificates
of investment, by whatever name called, including other intangible
corporate property of such financial institutions.
The ratio of assessment to value of property in each class or subclass shall be
equal and uniform throughout the state, the value and definition of property in
each class or subclass to be ascertained in such manner as the Legislature shall
direct. Each respective taxing authority shall apply the same tax rate to all
property within its jurisdiction.
The Legislature shall have power to tax merchants, peddlers, and privileges,
in such manner as they may from time to time direct, and the Legislature may
levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes
on the inventories of merchandise held by such merchants and businesses for
sale or exchange. The portion of a merchant’s capital used in the purchase of
merchandise sold by him to nonresidents and sent beyond the state, shall not be
taxed at a rate higher than the ad valorem tax on property. The Legislature shall
have power to levy a tax upon incomes derived from stocks and bonds that are
not taxed ad valorem.
This amendment shall take effect on the first day of January, 1973.
Section 29. The General Assembly shall have power to authorize the several
counties and incorporated towns in this state, to impose taxes for county
and corporation purposes respectively, in such manner as shall be prescribed by
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law; and all property shall be taxed according to its value, upon the principles
established in regard to state taxation. But the credit of no county, city or town
shall be given or loaned to or in aid of any person, company, association or
corporation, except upon an election to be first held by the qualified voters of
such county, city or town, and the assent of three-fourths of the votes cast at
said election. Nor shall any county, city or town become a stockholder with
others in any company, association or corporation except upon a like election,
and the assent of a like majority. But the counties of Grainger, Hawkins,
Hancock, Union, Campbell, Scott, Morgan, Grundy, Sumner, Smith, Fentress,
Van Buren, and the new county herein authorized to be established out of fractions
of Sumner, Macon and Smith Counties, White, Putnam, Overton, Jackson,
Cumberland, Anderson, Henderson, Wayne, Cocke, Coffee, Macon,
Marshall, and Roane shall be excepted out of the provisions of this section so
far that the assent of a majority of the qualified voters of either of said counties
voting on the question shall be sufficient when the credit of such county is
given or loaned to any person, association or corporation; provided, that the
exception of the counties above named shall not be in force beyond the year one
thousand eight hundred and eighty: and after that period they shall be subject
to the three-fourths majority applicable to the other counties of the state.
Section 30. No article manufactured of the produce of this state, shall be
taxed otherwise than to pay inspection fees.
Section 31. The credit of this state shall not be hereafter loaned or given to
or in aid of any person, association, company, corporation or municipality; nor
shall the state become the owner in whole or in part of any bank or a stockholder
with others in any association, company, corporation or municipality.
Section 32. No convention or general assembly of this state shall act upon
any amendment of the Constitution of the United States proposed by Congress
to the several states; unless such convention or general assembly shall have
been elected after such amendment is submitted.
Section 33. No bonds of the state shall be issued to any rail road company
which at the time of its application for the same shall be in default in paying
the interest upon the state bonds previously loaned to it or that shall hereafter
and before such application sell or absolutely dispose of any state bonds loaned
to it for less than par.
ARTICLE III.
Executive Department.
Section 1. The supreme executive power of this state shall be vested in a
governor.
Section 2. The governor shall be chosen by the electors of the members of
the General Assembly, at the time and places where they shall respectively
vote for the members thereof. The returns of every election for governor shall
be sealed up, and transmitted to the seat of government, by the returning officers,
directed to the speaker of the Senate, who shall open and publish them in
the presence of a majority of the members of each House of the General Assembly.
The person having the highest number of votes shall be governor; but if two
or more shall be equal and highest in votes, one of them shall be chosen governor
by joint vote of both Houses of the General Assembly. Contested elections for
governor shall be determined by both Houses of the General Assembly, in such
manner as shall be prescribed by law.
544 TENNESSEE BLUE BOOK
Section 3. He shall be at least thirty years of age, shall be a citizen of the
United States, and shall have been a citizen of this state seven years next before
his election.
Section 4. The governor shall be elected to hold office for four years and
until a successor is elected and qualified. A person may be eligible to succeed in
office for additional four year terms, provided that no person presently serving
or elected hereafter shall be eligible for election to more than two terms consecutively,
including an election to a partial term.
One succeeding to the office vacated during the first eighteen calendar months
of the term shall hold office until a successor is elected for the remainder of the
term at the next election of members of the General Assembly and qualified
pursuant to this Constitution. One succeeding to the office vacated after the
first eighteen calendar months of the term shall continue to hold office for the
remainder of the full term.
Section 5. He shall be commander-in-chief of the Army and Navy of this
state, and of the Militia, except when they shall be called into the service of the
United States. But the Militia shall not be called into service except in case of
rebellion or invasion, and then only when the General Assembly shall declare,
by law, that the public safety requires it.
Section 6. He shall have power to grant reprieves and pardons, after conviction,
except in cases of impeachment.
Section 7. He shall, at stated times, receive a compensation for his services,
which shall not be increased or diminished during the period for which he shall
have been elected.
Section 8. He may require information in writing, from the officers in the executive
department, upon any subject relating to the duties of their respective
offices.
Section 9. He may, on extraordinary occasions, convene the General Assembly
by proclamation, in which he shall state specifically the purposes for
which they are to convene; but they shall enter on no legislative business except
that for which they were specifically called together.
Section 10. He shall take care that the laws be faithfully executed.
Section 11. He shall, from time to time, give to the General Assembly information
of the state of the government, and recommend for their consideration
such measures as he shall judge expedient.
Section 12. In case of the removal of the governor from office, or of his
death, or resignation, the powers and duties of the office shall devolve on the
speaker of the Senate; and in case of the death, removal from office, or resignation
of the speaker of the Senate, the powers and duties of the office shall devolve
on the speaker of the House of Representatives.
Section 13. No member of Congress, or person holding any office under the
United States, or this state, shall execute the office of governor.
Section 14. When any officer, the right of whose appointment is by this
Constitution vested in the General Assembly, shall, during the recess, die, or
the office, by the expiration of the term, or by other means, become vacant, the
governor shall have the power to fill such vacancy by granting a temporary
commission, which shall expire at the end of the next session of the Legislature.
Section 15. There shall be a seal of this state, which shall be kept by the
governor, and used by him officially, and shall be called the Great Seal of the
State of Tennessee.
CONSTITUTION OF THE STATE OF TENNESSEE 545
Section 16. All grants and commissions shall be in the name and by the
authority of the state of Tennessee, be sealed with the State Seal, and signed by
the governor.
Section 17. A secretary of state shall be appointed by joint vote of the General
Assembly, and commissioned during the term of four years; he shall keep a
fair register of all the official acts and proceedings of the governor; and shall,
when required lay the same, and all papers, minutes and vouchers relative
thereto, before the General Assembly; and shall perform such other duties as
shall be enjoined by law.
Section 18. Every bill which may pass both Houses of the General Assembly
shall, before it becomes a law, be presented to the governor for his signature. If
he approve, he shall sign it, and the same shall become a law; but if he refuse to
sign it, he shall return it with his objections thereto, in writing, to the house in
which it originated; and said House shall cause said objections to be entered at
large upon its journal, and proceed to reconsider the bill. If after such reconsideration,
a majority of all the members elected to that House shall agree to
pass the bill, notwithstanding the objections of the executive, it shall be sent,
with said objections, to the other House, by which it shall be likewise reconsidered.
If approved by a majority of the whole number elected to that House, it
shall become a law. The votes of both Houses shall be determined by yeas and
nays, and the names of all the members voting for or against the bill shall be
entered upon the journals of their respective Houses.
If the governor shall fail to return any bill with his objections in writing within
ten calendar days (Sundays excepted) after it shall have been presented to him,
the same shall become a law without his signature. If the General Assembly by
its adjournment prevents the return of any bill within said ten-day period, the
bill shall become a law, unless disapproved by the governor and filed by him with
his objections in writing in the office of the secretary of state within said ten-day
period.
Every joint resolution or order (except on question of adjournment and proposals
of specific amendments to the Constitution) shall likewise be presented
to the governor for his signature, and on being disapproved by him shall in like
manner, be returned with his objections; and the same before it shall take effect
shall be repassed by a majority of all the members elected to both houses in the
manner and according to the rules prescribed in case of a bill.
The governor may reduce or disapprove the sum of money appropriated by
any one or more items or parts of items in any bill appropriating money, while
approving other portions of the bill. The portions so approved shall become law,
and the items or parts of items disapproved or reduced shall be void to the
extent that they have been disapproved or reduced unless repassed as hereinafter
provided. The governor, within ten calendar days (Sundays excepted) after
the bill shall have been presented to him, shall report the items or parts of
items disapproved or reduced with his objections in writing to the House in
which the bill originated, or if the General Assembly shall have adjourned, to
the office of the secretary of state. Any such items or parts of items so disapproved
or reduced shall be restored to the bill in the original amount and become
law if repassed by the General Assembly according to the rules and limitations
prescribed for the passage of other bills over the executive veto.
546 TENNESSEE BLUE BOOK
ARTICLE IV.
Elections.
Section 1. Every person, being eighteen years of age, being a citizen of the
United States, being a resident of the state for a period of time as prescribed by
the General Assembly, and being duly registered in the county of residence for a
period of time prior to the day of any election as prescribed by the General
Assembly, shall be entitled to vote in all federal, state, and local elections held
in the county or district in which such person resides. All such requirements
shall be equal and uniform across the state, and there shall be no other qualification
attached to the right of suffrage.
The General Assembly shall have power to enact laws requiring voters to
vote in the election precincts in which they may reside, and laws to secure the
freedom of elections and the purity of the ballot box.
All male citizens of this state shall be subject to the performance of military
duty, as may be prescribed by law.
Section 2. Laws may be passed excluding from the right of suffrage persons
who may be convicted of infamous crimes.
Section 3. Electors shall, in all cases, except treason, felony, or breach of
the peace, be privileged from arrest or summons, during their attendance at
elections and in going to and returning from them.
Section 4. In all elections to be made by the General Assembly, the members
thereof shall vote viva voce, and their votes shall be entered on the journal.
All other elections shall be by ballot.
ARTICLE V.
Impeachments.
Section 1. The House of Representatives shall have the sole power of impeachment
Section 2. All impeachments shall be tried by the Senate. When sitting for
that purpose the senators shall be upon oath or affirmation, and the chief justice
of the Supreme Court, or if he be on trial, the senior associate judge, shall
preside over them. No person shall be convicted without the concurrence of
two-thirds of the senators sworn to try the officer impeached.
Section 3. The House of Representatives shall elect from their own body
three members, whose duty it shall be to prosecute impeachments. No impeachment
shall be tried until the Legislature shall have adjourned sine die, when
the Senate shall proceed to try such impeachment.
Section 4. The governor, judges of the Supreme Court, judges of the inferior
courts, chancellors, attorneys for the state, treasurer, comptroller, and secretary
of state, shall be liable to impeachment, whenever they may, in the opinion
of the House of Representatives, commit any crime in their official capacity
which may require disqualification but judgment shall only extend to removal
from office, and disqualification to fill any office thereafter. The party shall, nevertheless,
be liable to indictment, trial, judgment and punishment according to
law. The Legislature now has, and shall continue to have, power to relieve from
the penalties imposed, any person disqualified from holding office by the judgment
of a Court of Impeachment.
Section 5. Justices of the peace, and other civil officers not herein before
mentioned, for crimes or misdemeanors in office, shall be liable to indictment
in such courts as the Legislature may direct; and upon conviction, shall be reCONSTITUTION
OF THE STATE OF TENNESSEE 547
moved from office by said court, as if found guilty on impeachment; and shall be
subject to such other punishment as may be prescribed by law.
ARTICLE VI.
Judicial Department.
Section 1. The judicial power of this state shall be vested in one Supreme
Court and in such Circuit, Chancery and other Inferior Courts as the Legislature
shall from time to time, ordain and establish; in the judges thereof, and in
justices of the peace. The Legislature may also vest such jurisdiction in Corporation
Courts as may be deemed necessary. Courts to be holden by justices of
the peace may also be established.
Section 2. The Supreme Court shall consist of five judges, of whom not more
than two shall reside in any one of the grand divisions of the state. The judges
shall designate one of their own number who shall preside as chief justice. The
concurrence of three of the judges shall in every case be necessary to a decision.
The jurisdiction of this court shall be appellate only, under such restrictions and
regulations as may from time to time be prescribed by law; but it may possess
such other jurisdiction as is now conferred by law on the present Supreme Court.
Said court shall be held at Knoxville, Nashville and Jackson.
Section 3. The judges of the Supreme Court shall be elected by the qualified
voters of the state. The Legislature shall have power to prescribe such rules as
may be necessary to carry out the provisions of section two of this article. Every
judge of the Supreme Court shall be thirty-five years of age, and shall before
his election have been a resident of the state for five years. His term of service
shall be eight years.
Section 4. The Judges of the Circuit and Chancery Courts, and of other
Inferior Courts, shall be elected by the qualified voters of the district or circuit
to which they are to be assigned. Every judge of such courts shall be thirty
years of age, and shall before his election, have been a resident of the state for
five years, and of the circuit or district one year. His term of service shall be
eight years.
Section 5. An attorney general and reporter for the state, shall be appointed
by the judges of the Supreme Court and shall hold his office for a term of eight
years. An attorney for the state for any circuit or district, for which a judge
having criminal jurisdiction shall be provided by law, shall be elected by the
qualified voters of such circuit or district, and shall hold his office for a term of
eight years, and shall have been a resident of the state five years, and of the
circuit or district one year. In all cases where the attorney for any district fails
or refuses to attend and prosecute according to law, the court shall have power
to appoint an attorney pro tempore.
Section 6. Judges and attorneys for the state may be removed from office by
a concurrent vote of both Houses of the General Assembly, each House voting
separately; but two-thirds of the members to which each House may be entitled
must concur in such vote. The vote shall be determined by ayes and noes, and
the names of the members voting for or against the judge or attorney for the
state together with the cause or causes of removal, shall be entered on the
journals of each House respectively. The judge or attorney for the state, against
whom the Legislature may be about to proceed, shall receive notice thereof accompanied
with a copy of the causes alleged for his removal, at least ten days before the
day on which either House of the General Assembly shall act thereupon.
548 TENNESSEE BLUE BOOK
Section 7. The judges of the Supreme or Inferior Courts, shall, at stated
times, receive a compensation for their services, to be ascertained by law, which
shall not be increased or diminished during the time for which they are elected.
They shall not be allowed any fees or perquisites of office nor hold any other
office of trust or profit under this state or the United States.
Section 8. The jurisdiction of the Circuit, Chancery and other Inferior Courts,
shall be as now established by law, until changed by the Legislature.
Section 9. The judges shall not charge juries with respect to matters of fact,
but may state the testimony and declare the law.
Section 10. The judges or justices of the Inferior Courts of Law and Equity,
shall have power in all civil cases, to issue writs of certiorari to remove any
cause or the transcript of the record thereof, from any inferior jurisdiction, into
such court of law, on sufficient cause, supported by oath or affirmation.
Section 11. No judge of the Supreme or Inferior Courts shall preside on the
trial of any cause in the event of which he may be interested, or where either of
the parties shall be connected with him by affinity of consanguinity, within
such degrees as may be prescribed by law, or in which he may have been of
counsel, or in which he may have presided in any Inferior Court, except by
consent of all the parties. In case all or any of the judges of the Supreme Court
shall thus be disqualified from presiding on the trial of any cause or causes, the
court or the judges thereof, shall certify the same to the governor of the state, and
he shall forthwith specially commission the requisite number of men, of law knowledge,
for the trial and determination thereof. The Legislature may by general
laws make provision that special judges may be appointed, to hold any courts the
judge of which shall be unable or fail to attend or sit; or to hear any cause in
which the judge may be incompetent.
Section 12. All writs and other process shall run in the name of the state of
Tennessee and bear test and be signed by the respective clerks. Indictments
shall conclude, “against the peace and dignity of the state.”
Section 13. Judges of the Supreme Court shall appoint their clerks who
shall hold their offices for six years. Chancellors shall appoint their clerks and
masters, who shall hold their offices for six years. Clerks of the Inferior Courts
holden in the respective counties or districts, shall be elected by the qualified
voters thereof for the term of four years. Any clerk may be removed from office for
malfeasance, incompetency or neglect of duty, in such manner as may be prescribed
by law.
Section 14. No fine shall be laid on any citizen of this state that shall exceed
fifty dollars, unless it shall be assessed by a jury of his peers, who shall
assess the fine at the time they find the fact, if they think the fine should be
more than fifty dollars.
ARTICLE VII.
State and County Officers.
Section 1. The qualified voters of each county shall elect for terms of four
years a legislative body, a county executive, a sheriff, a trustee, a register, a
county clerk and an assessor of property. Their qualifications and duties shall
be prescribed by the General Assembly. Any officer shall be removed from malfeasance
or neglect of duty as prescribed by the General Assembly.
The legislative body shall be composed of representatives from districts in
the county as drawn by the county legislative body pursuant to statutes enacted
by the General Assembly. Districts shall be reapportioned at least every
CONSTITUTION OF THE STATE OF TENNESSEE 549
ten years based upon the most recent federal census. The legislative body shall
not exceed twenty-five members, and no more than three representatives shall
be elected from a district. Any county organized under the consolidated government
provisions of Article XI, Section 9, of this Constitution shall be exempt
from having a county executive and a county legislative body as described in
this paragraph.
The General Assembly may provide alternate forms of county government
including the right to charter and the manner by which a referendum may be
called. The new form of government shall replace the existing form if approved
by a majority of the voters in the referendum.
No officeholder’s current term shall be diminished by the ratification of this
article.
Section 2. Vacancies in county offices shall be filled by the county legislative
body, and any person so appointed shall serve until a successor is elected
at the next election occurring after the vacancy is qualified.
Section 3. There shall be a treasurer or treasurers and a comptroller of the
treasury appointed for the state, by the joint vote of both Houses of the General
Assembly who shall hold their offices for two years.
Section 4. The election of officers, and the filling of all vacancies not otherwise
directed or provided by this Constitution, shall be made in such manner
as the Legislature shall direct.
Section 5. Elections for judicial and other civil officers shall be held on the
first Thursday in August, one thousand eight hundred and seventy, and forever
thereafter on the first Thursday in August next preceding the expiration of
their respective terms of service. The term of each officer so elected shall be
computed from the first day of September next succeeding his election. The
term of office of the governor and other executive officers shall be computed
from the fifteenth of January next after the election of the governor. No appointment
or election to fill a vacancy shall be made for a period extending
beyond the unexpired term. Every officer shall hold his office until his successor
is elected or appointed, and qualified. No special election shall be held to fill
a vacancy in the office of judge or district attorney, but a the time herein fixed
for the biennial election of civil officers, and such vacancy shall be filled at the
next biennial election recurring more than thirty days after the vacancy occurs.
ARTICLE VIII
Militia.
Section 1. All militia officers shall be elected by persons subject to military
duty, within the bounds of their several companies, battalions, regiments, brigades
and divisions, under such rules and regulations as the Legislature may
from time to time direct and establish.
Section 2. The governor shall appoint the adjutant-general and his other
staff officers; the major generals, brigadier-generals, and commanding officers
of regiments, shall respectively appoint their staff officers.
Section 3. The Legislature shall pass laws exempting citizens belonging to
any sect or denomination of religion, the tenets of which are known to be opposed
to the bearing of arms, from attending private and general musters.
550 TENNESSEE BLUE BOOK
ARTICLE IX
Disqualifications.
Section 1. Whereas ministers of the Gospel are by their profession, dedicated
to God and the care of souls, and ought not to be diverted from the great
duties of their functions; therefore, no minister of the Gospel, or priest of any
denomination whatever, shall be eligible to a seat in either House of the Legislature.
Section 2. No person who denies the being of God, or a future state of rewards
and punishments, shall hold any office in the civil department of this
state.
Section 3. Any person who shall, after the adoption of this Constitution,
fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or
accept a challenge for that purpose, or be an aider or abettor in fighting a duel,
shall be deprived of the right to hold any office of honor or profit in this state,
and shall be punished otherwise, in such manner as the Legislature may prescribe.
ARTICLE X.
Oaths, Bribery of Electors, New Counties.
Section 1. Every person who shall be chosen or appointed to any office of
trust or profit under this Constitution, or any law made in pursuance thereof,
shall, before entering on the duties thereof, take an oath to support the Constitution
of this state, and of the United States, and an oath of office.
Section 2. Each member of the Senate and House of Representatives, shall
before they proceed to business take an oath or affirmation to support the Constitution
of this state, and of the United States and also the following oath: I
_____________do solemnly swear (or affirm) that as a member of this General
Assembly, I will, in all appointments, vote without favor, affection, partiality,
or prejudice; and that I will not propose or assent to any bill, vote or resolution,
which shall appear to me injurious to the people, or consent to any act or thing,
whatever, that shall have a tendency to lessen or abridge their rights and privileges,
as declared by the Constitution of this state.
Section 3. Any elector who shall receive any gift or reward for his vote, in
meat, drink, money or otherwise, shall suffer such punishment as the laws shall
direct. And any person who shall directly or indirectly give, promise or bestow
any such reward to be elected, shall thereby be rendered incapable, for six years,
to serve in the office for which he was elected, and be subject to such further
punishment as the Legislature shall direct.
Section 4. New Counties may be established by the Legislature to consist of
not less than two hundred and seventy five square miles, and which shall contain
a population of seven hundred qualified voters; no line of such county shall
approach the court house of any old county from which it may be taken nearer
than eleven miles, nor shall such old county be reduced to less than five hundred
square miles. But the following exceptions are made to the foregoing provisions
viz: New counties may be established by the present or any succeeding Legislature
out of the following territory to wit: Out of that portion of Obion County
which lies west of the low water mark of Reel Foot Lake: Out of fractions of
Sumner, Macon and Smith Counties; but no line of such new county shall approach
the court house of Sumner or of Smith Counties nearer than ten miles,
nor include any part of Macon County lying within nine and a half miles of the
CONSTITUTION OF THE STATE OF TENNESSEE 551
court house of said County nor shall more than twenty square miles of Macon
County nor any part of Sumner County lying due west of the western boundary of
Macon County, be taken in the formation of said new county: Out of fractions of
Grainger and Jefferson Counties but no line of such new county shall include any
part of Grainger County north of the Holston River; nor shall any line thereof
approach the court house of Jefferson County nearer than eleven miles. Such
new county may include any other territory which is not excluded by any general
provision of this Constitution: Out of fractions of Jackson and Overton Counties
but no line of such new county shall approach the court house of Jackson or
Overton Counties nearer than ten miles, nor shall such county contain less than
four hundred qualified voters, nor shall the area of either of the old counties be
reduced below four hundred and fifty square miles: Out of fractions of Roane,
Monroe, and Blount Counties, around the town of Loudon; but no line of such new
county shall ever approach the towns of Maryville, Kingston, or Madisonville,
nearer than eleven miles, except that on the south side of the Tennessee River,
said lines may approach as near as ten miles to the court house of Roane County.
The counties of Lewis, Cheatham, and Sequatchie, as now established by
Legislative enactments are hereby declared to be constitutional counties. No
part of Bledsoe County shall be taken to form a new county or a part thereof or be
attached to any adjoining county. That portion of Marion County included within
the following boundaries, beginning on the Grundy and Marion County line at
the Nickajack trace and running about six hundred yards west of Ben Poseys, to
where the Tennessee Coal Rail Road crosses the line, running thence southeast
through the Pocket near William Summers crossing the Battle Creek Gulf at the
corner of Thomas Wootons field, thence running across the Little Gizzard Gulf
at Raven Point, thence in a direct line to the bridge crossing the Big Fiery Gizzard,
thence in a direct line to the mouth of Holy Water Creek, thence up said
Creek to the Grundy County line, and thence with said line to the beginning; is
hereby detached from Marion County, and attached to the county of Grundy. No
part of a county shall be taken off to form a new county or a part thereof without
the consent of two-thirds of the qualified voters in such part taken off; and where
an old county is reduced for the purpose of forming a new one, the seat of justice
in said old county shall not be removed without the concurrence of two-thirds in
both branches of the Legislature, nor shall the seat of justice of any county be
removed without the concurrence of two-thirds of the qualified voters of the
county. But the foregoing provision requiring a two-thirds majority of the voters
of a county to remove its county seat shall not apply to the counties of Obion and
Cocke. The fractions taken from old counties to form new counties or taken from
one county and added to another shall continue liable for their pro rata of all
debts contracted by their respective counties prior to the separation, and be
entitled to their proportion of any stocks or credits belonging to such old counties.
Section 5. The citizens who may be included in any new county shall vote
with the county or counties from which they may have been stricken off, for
members of Congress, for governor and for members of the General Assembly
until the next apportionment of members to the General Assembly after the
establishment of such new county.
552 TENNESSEE BLUE BOOK
ARTICLE XI.
Miscellaneous Provisions.
Section 1. All laws and ordinances now in force and use in this state, not in
consistent with this Constitution, shall continue in force and use until they
shall expire, be altered or repealed by the Legislature; but ordinances contained
in any former Constitution or schedule thereto are hereby abrogated.
Section 2. Nothing contained in this Constitution shall impair the validity
of any debts or contracts, or affect any rights of property or any suits, actions,
rights of action or other proceedings in Courts of Justice.
Section 3. Any amendment or amendments to this Constitution may be
proposed in the Senate or House of Representatives, and if the same shall be
agreed to by a majority of all the members elected to each of the two houses,
such proposed amendment or amendments shall be entered on their journals
with the yeas and nays thereon, and referred to the General Assembly then
next to be chosen; and shall be published six months previous to the time of
making such choice; and if in the General Assembly then next chosen as aforesaid,
such proposed amendment or amendments shall be agreed to by two-thirds
of all the members elected to each house, then it shall be the duty of the General
Assembly to submit such proposed amendment or amendments to the people
at the next general election in which a governor is to be chosen. And if the
people shall approve and ratify such amendment or amendments by a majority
of all the citizens of the state voting for governor, voting in their favor, such
amendment or amendments shall become a part of this Constitution. When
any amendment or amendments to the Constitution shall be proposed in pursuance
of the foregoing provisions the same shall at each of said sessions be
read three times on three several days in each house.
The Legislature shall have the right by law to submit to the people, at any
general election, the question of calling a convention to alter, reform, or abolish
this Constitution, or to alter, reform or abolish any specified part or parts of it;
and when, upon such submission, a majority of all the voters voting upon the
proposal submitted shall approve the proposal to call a convention, the delegates
to such convention shall be chosen at the next general election and the
convention shall assemble for the consideration of such proposals as shall have
received a favorable vote in said election, in such mode and manner as shall be
prescribed. No change in, or amendment to, this Constitution proposed by such
convention shall become effective, unless within the limitations of the call of the
convention, and unless approved and ratified by a majority of the qualified
voters voting separately on such change or amendment at an election to be held
in such manner and on such date as may be fixed by the convention. No such
convention shall be held oftener than once in six years.
Section 4. The Legislature shall have no power to grant divorces; but may
authorize the Courts of Justice to grant them for such causes as may be specified
by law; but such laws shall be general and uniform in their operation throughout
the state.
Section 5. The Legislature shall have no power to authorize lotteries for
any purpose, and shall pass laws to prohibit the sale of lottery tickets in this
state, except that the legislature may authorize a state lottery if the net proceeds
of the lottery's revenues are allocated to provide financial assistance to
citizens of this state to enable such citizens to attend post-secondary educational
institutions located within this state. The excess after such allocations
from such net proceeds from the lottery would be appropriated to:
CONSTITUTION OF THE STATE OF TENNESSEE 553
(1) Capital outlay projects for K-12 educational facilities; and
(2) Early learning programs and after school programs.
Such appropriation of funds to support improvements and enhancements for
educational programs and purposes and such net proceeds shall be used to
supplement, not supplant, non-lottery educational resources for education programs
and purposes.
All other forms of lottery not authorized herein are expressly prohibited unless
authorized by a two-thirds vote of all members elected to each house of the
General Assembly for an annual event operated for the benefit of a 501(c)(3)
organization located in this state, as defined by the 2000 United States Tax
Code or as may be amended from time to time.
A state lottery means a lottery of the type such as in operation in Georgia,
Kentucky and Virginia in 2000, and the amendment to Article XI, Section 5 of
the Constitution of the State of Tennessee provided for herein does not authorize
games of chance associated with casinos, including, but not limited to, slot
machines, roulette wheels, and the like.
The state lottery authorized in this section shall be implemented and administered
uniformly throughout the state in such manner as the legislature,
by general law, deems appropriate.
Section 6. The Legislature shall have no power to change the names of
persons, or to pass acts adopting or legitimatizing persons, but shall, by general
laws, confer this power on the courts.
Section 7. The General Assembly shall define and regulate interest, and
set maximum effective rates thereof.
If no applicable statute is hereafter enacted, the effective rate of interest
collected shall not exceed ten (10%) percent per annum.
All provisions of existing statutes regulating rates of interest and other
charges on loans shall remain in full force and effect until July 1, 1980, unless
earlier amended or repealed.
Section 8. The Legislature shall have no power to suspend any general law
for the benefit of any particular individual, nor to pass any law for the benefit
of individuals inconsistent with the general laws of the land; nor to pass any
law granting to any individual or individuals, rights, privileges, immunitie, [immunities]
or exemptions other than such as may be, by the same law extended to
any member of the community, who may be able to bring himself within the
provisions of such law. No corporation shall be created or its powers increased or
diminished by special laws but the General Assembly shall provide by general
laws for the organization of all corporations, hereafter created, which laws may,
at any time, be altered or repealed, and no such alteration or repeal shall interfere
with or divest rights which have become vested.
Section 9. The Legislature shall have the right to vest such powers in the
Courts of Justice, with regard to private and local affairs, as may be expedient.
The General Assembly shall have no power to pass a special, local or private
act having the effect of removing the incumbent from any municipal or county
office or abridging the term or altering the salary prior to the end of the term
for which such public officer was selected, and any act of the General Assembly
private or local in form or effect applicable to a particular county or municipality
either in its governmental or its proprietary capacity shall be void and of no
effect unless the act by its terms either requires the approval of a two-thirds
vote of the local legislative body of the municipality or county, or requires approval
in an election by a majority of those voting in said election in the municipality
or county affected.
554 TENNESSEE BLUE BOOK
Any municipality may by ordinance submit to its qualified voters in a general
or special election the question: “Shall this municipality adopt home rule?”
In the event of an affirmative vote by a majority of the qualified voters voting
thereon, and until the repeal thereof by the same procedure, such municipality
shall be a home rule municipality, and the General Assembly shall act
with respect to such home rule municipality only by laws which are general in
terms and effect.
Any municipality after adopting home rule may continue to operate under
its existing charter, or amend the same, or adopt and thereafter amend a new
charter to provide for its governmental and proprietary powers, duties and functions,
and for the form, structure, personnel and organization of its government,
provided that no charter provision except with respect to compensation
of municipal personnel shall be effective if inconsistent with any general act of
the General Assembly and provided further that the power of taxation of such
municipality shall not be enlarged or increased except by general act of the
General Assembly. The General Assembly shall by general law provide the exclusive
methods by which municipalities may be created, merged, consolidated
and dissolved and by which municipal boundaries may be altered.
A charter or amendment may be proposed by ordinance of any home rule
municipality, by a charter commission provided for by act of the General Assembly
and elected by the qualified voters of a home rule municipality voting
thereon or, in the absence of such act of the General Assembly, by a charter
commission of seven (7) members, chosen at large not more often than once in
two (2) years, in a municipal election pursuant to petition for such election
signed by qualified voters of a home rule municipality not less in number than
ten (10%) percent of those voting in the then most recent general municipal
election.
It shall be the duty of the legislative body of such municipality to publish
any proposal so made and to submit the same to its qualified voters at the first
general state election which shall be held at least sixty (60) days after such
publication and such proposal shall become effective sixty (60) days after approval
by a majority of the qualified voters voting thereon.
The General Assembly shall not authorize any municipality to tax incomes,
estates, or inheritances, or to impose any other tax not authorized by Sections
28 or 29 of Article II of this Constitution. Nothing herein shall be construed as
invalidating the provisions of any municipal charter in existence at the time of
the adoption of this amendment.
The General Assembly may provide for the consolidation of any or all of the
governmental and corporate functions now or hereafter vested in municipal
corporations with the governmental and corporate functions now or hereafter
vested in the counties in which such municipal corporations are located; provided,
such consolidations shall not become effective until submitted to the
qualified voters residing within the municipal corporation and in the county
outside thereof, and approved by a majority of those voting within the municipal
corporation and by a majority of those voting in the county outside the municipal
corporation.
Section 10. A well regulated system of internal improvement is calculated
to develop the resources of the state, and promote the happiness and prosperity
of her citizens, therefore it ought to be encouraged by the General Assembly.
Section 11. There shall be a homestead exemption from execution in an
amount of five thousand dollars or such greater amount as the General AssemCONSTITUTION
OF THE STATE OF TENNESSEE 555
bly may establish. The General Assembly shall also establish personal property
exemptions. The definition and application of the homestead and personal property
exemptions and the manner in which they may be waived shall be as prescribed
by law.
Section 12. The state of Tennessee recognizes the inherent value of education
and encourages its support. The General Assembly shall provide for the
maintenance, support and eligibility standards of a system of free public schools.
The General Assembly may establish and support such post-secondary educational
institutions, including public institutions of higher learning, as it determines.
Section 13. The General Assembly shall have power to enact laws for the
protection and preservation of game and fish, within the state, and such laws
may be enacted for and applied and enforced in particular counties or geographical
districts, designated by the General Assembly.
Section 14. [Repealed.]
Section l5. No person shall in time of peace be required to perform any
service to the public on any day set apart by his religion as a day of rest.
Section 16. The declaration of rights hereto prefixed is declared to be a part
of the Constitution of the state, and shall never be violated on any pretense
whatever. And to guard against transgression of the high powers we have delegated,
we declare that everything in the bill of rights contained, is excepted
out of the general powers of the government, and shall forever remain inviolate.
Section 17. No county office created by the Legislature shall be filled otherwise
than by the people or the County Court.
Schedule.
Section 1. That no inconvenience may arise from a change of the Constitution,
it is declared that the governor of the state, the members of the General
Assembly and all officers elected at or after the general election of March one
thousand eight hundred and seventy, shall hold their offices for the terms prescribed
in this Constitution.
Officers appointed by the courts shall be filled by appointment, to be made
and to take effect during the first term of the court held by judges elected under
this Constitution.
All other officers shall vacate their places thirty days after the day fixed for
the election of their successors under this Constitution.
The secretary of state, comptroller and treasurer shall hold their offices until
the first session of the present General Assembly occurring after the ratification
of this Constitution and until their successors are elected and qualified.
The officers then elected shall hold their offices until the fifteenth day of
January one thousand eight hundred and seventy three.
Section 2. At the first election of judges under this Constitution there shall
be elected six judges of the Supreme Court, two from each grand division of the
state, who shall hold their offices for the term herein prescribed.
In the event any vacancy shall occur in the office of either of said judges at any
time after the first day of January one thousand eight hundred seventy three; it
shall remain unfilled and the court shall from that time be constituted of five
judges. While the court shall consist of six judges they may sit in two sections,
and may hear and determine causes in each at the same time, but not in different
grand divisions at the same time.
556 TENNESSEE BLUE BOOK
When so sitting the concurrence of two judges shall be necessary to a decision.
The attorney general and reporter for the state shall be appointed after the
election and qualification of the judges of the Supreme Court herein provided
for.
Section 3. Every judge and every officer of the executive department of this
state, and every sheriff holding over under this Constitution, shall, within twenty
days after the ratification of this Constitution is proclaimed, take an oath to
support the same, and the failure of any officer to take such oath shall vacate
his office.
Section 4. The time which has elapsed from the sixth day of May one thousand
eight hundred and sixty one until the first day of January one thousand
eight hundred and sixty seven shall not be computed, in any cases affected by
the statutes of limitation, nor shall any writ of error be affected by such lapse of
time.