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Constitution of Tennessee

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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 to exercise sovereignty and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the Articles of Confederation, the Bill of Rights and Constitution of North Carolina, the cession act of the said state, and the ordinance of Congress for the government of the territory north west of Ohio; provided, nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil, which is recognized to them by the aforesaid cession act; And provided also, that the limits and jurisdiction of this state shall extend to any other land and territory now acquired, or that may hereafter be acquired, by compact or agreement with other states, or otherwise, although such land and territory are not included within the boundaries herein before designated.
1404:(TML), would have eliminated a constitutional provision that set $ 50 (a large sum in 1870 when the provision was enacted) as the maximum allowable fine for violation of a municipal ordinance. Instead, it would have allowed the legislature to set limits on the fines that municipalities could enact. However, after putting much effort into getting the legislature to put this amendment onto the ballot, the TML put little effort into winning voter approval, and the proposal was largely overlooked during the public debate over the high-profile lottery amendment. Many voters were unaware of the proposal until they were confronted with it on the ballot and so may have turned it down for that reason. It became the first amendment put forward by the General Assembly to be defeated at the polls; it was, other than the proposed 1978 judicial amendment, the only one ever defeated. 1301:
office elected by statewide popular vote rather than retaining selection by the Supreme Court, and it would have also eliminated the requirement for the Supreme Court to meet in Knoxville and Jackson, where a new and elaborate building for it had just been completed. Another important provision of the proposed amendment was to repeal the 1870 Constitution's requirement that all judges "shall be elected" in favor of a provision stating that "Justices of the Supreme Court and judges of the Court of Appeals shall be appointed by the Governor from three nominees recommended... by the Appellate Court Nominating Commission.... The name of each justice and judge seeking retention shall be submitted to the qualified voters for retention or rejection... at the expiration of each six year term."
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right to be present at all proceedings where the defendant has the right to be present. (d) The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly. (e) The right to be informed of all proceedings and of the release, transfer, or escape of the accused or convicted person. (f) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. (g) The right to restitution from the offender. (h) The right to be informed of each of the rights established for victims. The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section.
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calls for disqualification or removal from office, but judgement can only be removal of office and disqualification to hold any office after impeachment. The party must be prosecuted to the full extent of the law, and the Legislature has the power to remove penalties imposed on anyone disqualified from filling office by impeachment (Section 4). Justices of the peace, and other civil officers are also liable for indictments in such courts as the Legislature may direct, and if convicted of impeachment they must be removed from office by said court, and will be subject to other punishment as asserted by law (Section 5).
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in the Senate, and all senators must be sworn under oath. The chief justice of the Supreme Court presides overall all trials of impeachment unless he is on trial, then the senior associate judge will rule over the court. The office holder can not be convicted without a two-thirds or majority rule from the Senate (Section 2). The House of Representatives must choose three members to prosecute impeachments. Impeachments can not be tried until the Legislature has adjourned
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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.
1172:. The question must state whether the convention is limited (to make amendments to the existing constitution) or unlimited (to propose an entirely new constitution). If the convention is limited, the question must state the provisions of the current constitution that are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only the amendments to the provisions that are specified in the call. 2835: 51: 165: 715:, state citizens for three years, and county citizens for at least one year before election day (Section 9). Senatorial requirements are different only in that senators must be at least 30 years old. Also, no one from either house may be appointed to any office by the executive or legislative branches unless it is as a "trustee of a literary institution" (Section 10). 1203:
it as "Amendment I," "Amendment II," etc. Thus, someone reading the text of the state constitution can, absent a strong historical background, sometimes be confused as to the provisions that are those of the original document and the ones that are the result of later amendment, but some amendments declare themselves to be such within the text of their provisions.
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thus the budget cycle was altered from biennial to annual, but the General Assembly is still limited to a total of fifteen organizational days and ninety legislative days every two year. Sessions extending that time and special sessions extending beyond twenty legislative days result in the legislature being unable to continue to receive its expense
1005:(That provision nonetheless incited a spate of new counties; ten were established in the next decade, but none have been since, and one of those established was subsequently abolished, and the provisions are such that would make the establishment of any further counties beyond those extremely difficult and unlikely.) 651:: legislative, executive, and judicial. It is explicit that: No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, something considered implicit in the federal constitution or inferred by its interpreters (Sections 1 and 2). 1434:
In 2010, 90% of voters approved the following: "The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the
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and cattle ranger. (The provision for rangers was routinely widely ignored; but not the one mandating constables.) The provision limiting sheriffs to three consecutive two-year terms was replaced with one allowing sheriffs an unlimited number of consecutive four-year terms. That provision was called
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That does prevent a reader of the current constitution from being confused by encountering obsolete provisions that have since been changed and not reading on to the end of the document to establish that fact, which is sometimes done to the federal constitution by those wishing to obscure its current
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The convention also established precedents that later proved useful. Since no one who served in the 1870 convention, which wrote the constitution, was still alive, many administrative measures had to be decided, such as what rules the convention would function under temporarily until it was organized
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Article V of the Tennessee Constitution states that only the House of Representatives has the power to impeach (Section 1). Impeachment is when an office holder's actions are called into question, so therefore, they face the chances of being removed from office. The process of impeachment it is tried
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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
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That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident, or the presumption is 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 that
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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
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should be called to amend or replace the 1835 constitution and to elect delegates to that convention if the voters determined that it was to be held. The voters decided for the convention, which began on January 10, 1870. The convention adjourned on February 23, 1870, after adopting the constitution
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specifies that only marriages between a man and a woman can be legally recognized in the state of Tennessee. The amendment was approved by 81% of Tennesseans participating in the vote, which was 30.91% of eligible voters that year. A second amendment, authorizing the legislature to enact legislation
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on wages. It has been suggested by several observers that one reason against the General Assembly requesting future conventions is that they do not desire to create potential new rivals for themselves; as the members themselves cannot be delegates to the convention, in calling for a convention, they
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derided the convention as having gone out of control, but the primary public reaction was one of apathy. The primary controversy within the convention once it began its actual work, as opposed to its early difficulties, was over a judicial amendment that would have made the state attorney general an
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Also, the constitution was decided to be compiled in a manner similar to statutory law, unlike the federal constitution. Thus, that amendments actually replace the language that they alter in the document, and future publications would have amendments integrated into the text rather than appended to
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Other provisions included are the procedure for the establishment of new counties and the recognition of three counties previously established by the legislature, in contravention of provisions of the previous constitution. New counties would carry a pro-rata share of the indebtedness of the county
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Alternatively, judges and state attorneys may be impeached by a simple majority vote of a quorum of the General Assembly for crimes or misconduct committed solely in their official capacity. Then, the lower house appoints three members to prosecute the impeached, and the senate, presided over by the
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of the constitutionally authorized membership in both houses, with each vote for and against being recorded along with the individual reason for his decision. Removal will lie for either official or personal misconduct. The judge or attorney subject to removal must be notified ten days before such a
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Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances
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The voters, in a special election held March 7, 1978, solely to ratify the amendments proposed by the convention, voted to remove the archaic provisions and the usury cap and to accept the changes regarding the governor's terms and metropolitan government, but they narrowly turned down the judicial
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but primarily at the behest of banking interests to remove the 10% cap on interest, which was becoming very problematic in the economic environment of the time. (It had long been circumvented by smaller lenders such as finance companies with tactics such as administration fees, service charges, and
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The amendments also allowed legislators to receive a salary besides expense money and extended the terms of state senators from two years to four, but only half of its membership is elected every two years. Another important change was that the frequency of scheduled sessions of the legislature and
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The amendment must then be published at least six months before the next legislative election, but it is not then placed on the ballot. Instead, once the legislative election is held, the proposed amendment must go another three readings, a three-day voting process. Then, the amendment now requires
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The legislative provisions include the requirement that no bill may be broader than its caption, and it may have only one subject (Section 17). Tennessee courts have interpreted that to mean that no bill can contain non-germane material, and no caption can include the words "and for other purposes"
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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
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was required in all others. A county line adjustment between two counties was made between two existing counties, and special provisions made for counties whose formation was already planned at the time as well as for settling definitively the status of others that had already been created without
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To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights: (a) The right to confer with the prosecution. (b) The right to be free from intimidation, harassment and abuse throughout the criminal justice system. (c) The
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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
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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
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That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor and in
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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,
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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
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then the Senate can try the impeachment (Section 3). The governor, Supreme Court Judges, inferior court judges, chancellors, attorneys of the state, treasurer, comptroller, and secretary of state are all liable to impeachment if the House of Representative believe they have committed a crime that
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In 2014, voters approved this amendment: "Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statues regarding abortion,
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This convention proved to be very long and contentious and even lasted nearly twice as long as the original one that wrote the 1870 constitution. There were major fights over the adoption of the permanent rules and over who would be the permanent chair. Although that seemed to bode ill, once the
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is much longer than its counterpart in the federal Constitution. Much of that length is devoted to justifying the authority behind the new constitution: that the new constitution was created under the authority of the constitution of 1835, which was itself created under the authority of the 1796
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The record length of time for going unamended ended in 1953. In 1952, the legislature called for a convention, and the voters approved it. Voters then approved the recommended amendments. The most noticeable change in the 1953 amendments was a lengthening of the governor's term from two to four
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That 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
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The lower house is fixed at 99 members, which are to be divided up among counties; if one county has more than one representative (which is guaranteed to happen, as there are 95 counties), the affected counties shall be divided up into districts, causing all representatives to be elected from
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was required, with the unusually stringent provision of a three-quarters majority, but that was to be delayed for ten years in 26 named counties, where the requirement would be a simple majority until then. The period between May 6, 1861 and January 1, 1867 was not to be counted against any
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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
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The original constitution of Tennessee came into effect on June 1, 1796, concurrent with the state's admission to the Union. A second version of the constitution was adopted in 1835. A third constitution was adopted in 1870 and is the one still in use today, with subsequent amendments. The
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No further conventions have been held since 1977, but they have been frequently proposed, in part because of the recent spate of state fiscal crises. Some have proposed conventions to determine conclusively whether or not the Tennessee Constitution allows a general, broad-based
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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 is killed by casualty, there shall be no forfeiture in consequence thereof.
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That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance.
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The upper house is to be set up in the same manner, but its size is variable, up to a third of the size of the lower house, which was fixed at 99, as noted above. In practice, the Tennessee Senate always had 33 members, the maximum allowed (Section 6 and subsection).
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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.
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for state offices were moved to make them simultaneous with federal elections (November in even-numbered years), with elections for county and judicial offices to be held in August of even-numbered years; that later became the traditional date for
248:, which was rejected by the convention delegates. The constitution adopted increased opportunities for citizens to engage in the political process, but it limited suffrage to white males. Similarly to other southern states, such as Virginia, it 1144:
Under the legislative method, which is a very lengthy process, the General Assembly must pass a resolution, calling for an amendment and stating its wording, and it must do so in three separate readings on three separate days, with an
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The state's militia is governed by Article VIII, which specifies that all officers are to be elected by those subject to service within their groupings and as the legislature directs (Section 1) but that the governor will appoint his
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That an equal participation in the free navigation of the Mississippi is one of the inherent rights of the citizens of this state; it can not, therefore, be conceded to any prince, potentate, power, person, or persons whatever.
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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.
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are creating a potential new set of politicians campaigning in their same districts and addressing some of the same issues. That occurred to an extent after the 1977 convention, which launched the career, among others, of
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The 1977 convention was the broadest call since the original writing of the constitution, in 1870. It was called in part to remove long-unenforceable provisions such as those banning interracial marriage and school
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The 1796 constitution also did not create a state supreme court, providing only for "such superior and inferior courts" as the legislature should create, with judges elected by the legislature for indefinite terms.
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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.
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A major change was the proposal that the governor could now succeed himself once. A two-term governor was also not barred from any future service in that office in the way that a two-term US President is by the
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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.
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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.
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including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother." This amendment overturns a 2000 Tennessee Supreme Court ruling,
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victims and their families, to explain to them how purported offenses involving them were to be prosecuted, and to notify them when persons who had committed crimes against them were being scheduled for
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The second Tennessee State Constitution, adopted in 1835, resulted from a state constitutional convention that convened in Nashville on May 19, 1834, with 60 delegates in attendance. William Carter, of
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Beginning in the 1990s, amendments were placed on the ballot without a convention being held, using, for the first time, the provisions that allow the General Assembly to propose amendments directly.
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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.
301:. It contains many provisions that are verbatim holdovers from the two predecessor documents. It is considerably longer than the federal constitution but is not particularly long by the standards of 2871: 1293:, who was otherwise about to be term-limited out of office but achieved re-election under the provisions of the amendment. Eventually, Thomas served federal time for corruption-related offenses. 486:
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.
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years, but no governor could succeed himself anymore. (Until it was subsequently amended again, in 1978, the provision was to establish what critics derisively called "leapfrog government.")
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may not perform any office in the government, but Section 4 of Article I, banning any religious test for any "office of public trust", would make this impossible to enforce (Section 2).
1375:. Both of these amendments passed by overwhelming margins in an election marked by a very light turnout. The amendments represented the first changes to the constitution in 20 years. 198:
Tennessee held a convention in 1796 to frame their first constitution. The original Tennessee state constitution was not submitted to the voters for approval, but it was approved by
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amendment, marking the first time that an amendment put to the voters by a convention had been defeated. Of the 13 proposed amendments, only that one was rejected by the voters.
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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.
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amendment that was passed in 2022. The amendment added language to the constitution to make it illegal, along as a constitutional right, for workplaces to require mandatory
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Some current agendas of the era were reflected, as there were provisions allowing county seats to be moved in two counties with only a majority vote of the populace, but a
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Also banned were some business practices that had previously gotten the state into trouble, such as allowing municipalities to lend money to railroads for them to pay off
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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.
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or counties from which they were being formed, preventing the formation of new counties as a way of areas getting out from under debt that they had previously incurred.
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Further amendments to the state constitution were proposed and then adopted at conventions, held in 1959 and 1965. Among the most notable are for the establishment of
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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.
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Citizens are granted "an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper" (Section 1).
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The constitution has several provisions that are unusual for a state constitution. It mandates only three constitutional officers other than governor: the
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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.
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and forbid the legislature from making any "law recognizing the right of property in man." Some construe the latter provision as prohibiting any form of
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on which they had previously defaulted (Section 33) and the election or appointment of people who were still responsible for public money (Section 25).
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Another provision allowed for the consolidation of a county government with the government of a county's main city, in the four largest counties.
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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.
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Minor other changes included the elimination of the necessity of each county having the archaic (at least for urban counties) offices of
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but is still in the text of the early part of the document. The amendment changes that are not encountered until much later in the text.
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by some wags the "Fate Thomas Amendment", as it seemed to have been passed largely at the behest at the then hugely popular sheriff and
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or release, among other provisions. The other amendment removed the word "comfortable" from the requirements for minimum standards for
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Judges are also barred from hearing cases of impeachment. Criminal charges after removal from office would result only from a separate
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provisions, such as those who assert that the document considers slaves as three-fifths of a person, which has not applied since the
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of any religion may not sit as legislators because they "ought not be diverted from the great duties of their functions" (Section 1).
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The first election to the Legislature was to take place on the second Tuesday of November 1870 and then every two years, on the
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of the number of senators "sworn to try the impeachment," which may be less than a "constitutional" supermajority (Article V).
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Sections 16 and 27 are among those directly copied from the federal Constitution. Section 8 closely follows the wording of the
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whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not be granted.
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That the erection of safe prisons, the inspection of prisons, and the humane treatment of prisoners, shall be provided for.
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state's power to regulate commercial activity. Traditional manners and means may be used to take non-threatened species."
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allowing counties and municipalities to exempt people over 65 from property tax increases, was approved by 83% of voters.
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In 2002, the legislature again proposed two amendments. The first proposal passed, repealing a constitutional ban on all
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The article's provisions regarding slavery are also significant, as they both prohibit slavery in the same manner as the
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That no citizen of this state be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.
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convention got on track, it accomplished what many legal scholars see as being a record of largely solid achievement.
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single-member constituencies. A county may not be split into separate counties to do that (Section 5 and subsection).
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That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S.
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The poll tax provisions, already rendered moot, were removed. The 1971 convention, dominated by longtime Tennessee
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may not hold any "honor or profit" under the state's government and is liable to be punished otherwise (Section 3).
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Chief Justice of the Tennessee Supreme Court, convenes to try the impeached. Conviction requires only a two-thirds
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The restrictions on ministers and atheists have been deemed to be unenforceable due to the interpretations of the
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For a municipality to issue bonds or borrow money on behalf of a private business or individual, the passage of a
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As well, a ban on income tax being levied against earned income (as opposed to interest and dividends, which are
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explicitly constitutional; and allowing veterans organizations to host gambling fundraisers all passed in 2014.
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The proposed amendments (or new constitution) must then be placed on the ballot and receive a simple majority.
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strict adherence to the provisions for the creation of new counties contained in the previous constitution.
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The constitution was ratified by voters in March 1835, receiving 42,666 votes for it and 17,691 against it.
1393:, a known lottery opponent, who was in no way averse to other forms of gambling, especially that regarding 3222: 3074: 3029: 2969: 2944: 2899: 2705: 2695: 2585: 2580: 2460: 2415: 2196: 2191: 2034: 1951: 1894: 1336: 1061: 972: 749: 441:
That no person shall be put to answer any criminal charge but by presentment, indictment, or impeachment.
151: 341:, but the provisions describing them are generally much lengthier. The provisions in this article state: 3104: 2984: 2949: 2158: 2138: 1956: 1899: 1869: 1864: 727: 545:
That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this state.
206: 139: 1776: 1382:. The ban had been a carryover from the 1835 document and was widely regarded as a tribute not only to 1218:
by counties that chose to adopt a charter so they can function in many ways similar to municipalities.
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Article III allows the governor to serve a two-year term, which was superseded by 1953 amendments. The
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That perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed.
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Under the convention method, the legislature can put on any ballot the question of whether to call a
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Article XI, Section 3 of the Tennessee State Constitution gives two methods to amend the document:
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There are twenty-two departments that operate under the executive branch; the departments are:
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described Tennessee's as the "least imperfect and most republican of the state constitutions."
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men, who had had the right to vote under the 1796 constitution. That followed fears raised by
112: 56: 752:, as civil government in much of the state had broken down during that period because of the 584:
of pregnancy resulting from rape or incest or when necessary to save the life of the mother.
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The first constitution was widely criticized as giving the executive, presumably a full-time
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unanimously passed a resolution calling for an amendment to establish the right to hunt,
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That no retrospective law, or law impairing the obligations of contracts, shall be made.
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In 2006, two additional amendments to the Tennessee State Constitution were passed. The
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A constitutional convention may not be held more frequently than once every six years.
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Tennessee held limited constitutional conventions in 1953, 1959, 1965, 1971, and 1977.
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was elected would be the same day as the primary election for governor would be held.
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for the statewide offices to be held as well so that the day on which, for example, a
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That no person arrested and confined in jail shall be treated with unnecessary rigor.
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That no person shall, for the same offense, be twice put in jeopardy of life or limb.
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The Legislature shall pass no law authorizing imprisonment for debt in civil cases.
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courts, and others to be "ordained and established" as deemed necessary as well as
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The third document was largely written as a response to the requirement for all ex-
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Any county and its principal city could vote to consolidate themselves into one "
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The General Assembly shall make no law recognizing the right of property in man.
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Article IX lists three groups of people who are barred from various privileges:
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the powers of the government shall be divided into three distinct departments
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The General Assembly may remove judges and state attorneys with a two-thirds
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The basis for legislative representation is population, as determined by the
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The Constitutional Convention: Its History, Powers, and Modes of Proceeding
232:
The second version of the Tennessee State Constitution was adopted in 1835.
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on all readings. The resolution does not require the governor's approval.
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of the state is given to its Legislature, named the General Assembly. The
305:. This 1870 document stood unamended until 1953, which, according to the 1383: 1029: 321: 1043:
decisions and are no longer enforced. Whether the prohibition of former
708:, and all such elections shall take place only on that day (Section 7). 1420: 1199:
and adopted its own permanent rules and how a chair was to be elected.
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in which the governor is the sole office holder elected statewide (the
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In spite of its shortcomings, the original document had its admirers.
1801: 1450:); a change in the judiciary selection/retention process to make the 1372: 1368: 1318: 953: 726:(unlike in Congress). The General Assembly, therefore, can pass no " 1583:
Tennessee Government and Politics: Democracy in the Volunteer State
611:
Besides the more common rights, a few other rights are enumerated:
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Section 28 describes the General Assembly's power to levy taxes.
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Bill would make hunting, fishing a protected right in Tennessee
1703:, Tennessee General Assembly website, accessed January 7, 2008. 718:
Both houses may imprison people (whether a member or not) who
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In 1998, voters were asked about two amendments. One was the
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from holding office is valid has apparently not been tested.
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Office of the Chief Clerk of the Senate (November 4, 2014).
1542:, Tennessee's Landmark Documents, Tennessee Virtual Archive. 983:
in subsequent statutory law, but not in the constitution.)
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Antislavery interests petitioned the convention to abolish
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The other amendment on the 2002 ballot, pushed for by the
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Twenty-second Amendment to the United States Constitution
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Department of Intellectual and Developmental Disabilities
1759:"All four of Tennessee's constitutional amendments pass" 1469:
membership for employees as a condition for employment.
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approval of two-thirds of the legislature on each vote.
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is elected as part of a ticket alongside the governor).
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Department of Mental Health and Substance Abuse Services
1397:. The amendment established the current state lottery. 27:
Basic governing document of the U.S. state of Tennessee
1236:, was limited to the establishment of a new system of 597:
Thirteenth Amendment to the United States Constitution
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over 10% from being charged on loans and making this
1694:
Bill information for HJR0108, 105th General Assembly
1630:"Tennessee Blue Book | Tennessee Secretary of State" 1461:, also known as the "Right-to-Work Amendment", is a 1156:
Finally, the amendment is placed on the ballot as a
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The Tennessee Constitution of 1834; Historical Note
1362:, which required prosecutors to stay in touch with 157: 145: 133: 121: 111: 106: 96: 88: 78: 68: 63: 43: 913:and Reporter" for an eight-year term (Section 5). 1713:Lawmakers want amendment shielding hunting rights 286:and recommending its approval by the voters in a 1254:payment fees, with tacit legislative approval.) 795:Department of Economic and Community Development 1328:of the convention and later became a prominent 642: 343: 1657: 1655: 297:to adopt new constitutions explicitly banning 2865: 1817: 1521:Tennessee Encyclopedia of History and Culture 825:Department of Labor and Workforce Development 8: 1609:"The Constitution of the State of Tennessee" 1511: 1509: 967:The governor's designated successor is the 2872: 2858: 2850: 1824: 1810: 1802: 1552: 1550: 1548: 874:The Tennessee Supreme Court is to meet in 837:Department of Safety and Homeland Security 801:Department of Environment and Conservation 647:Article II of the constitution reads that 49: 711:Representatives have to be 21 years old, 290:, which was conducted on March 26, 1870. 3218:State constitutions of the United States 804:Department of Finance and Administration 1580:Vile, John R.; Byrnes, Mark E. (1998). 1478: 1409:Tennessee Marriage Protection Amendment 262:The second constitution provided for a 1016:There were also provisions forbidding 506:subordination to the civil authority. 183:Tennessee's State Library and Archives 44:Constitution of the State of Tennessee 40: 32:Constitution of the State of Tennessee 241:, presided over the 1834 convention. 7: 1568:Tennessee State Library and Archives 807:Department of Financial Institutions 789:Department of Commerce and Insurance 706:first Tuesday after the first Monday 621:may not be carried out (Section 18). 2881:State constitutions (United States) 1425:Tennessee Wildlife Resources Agency 909:The court then appoints the state " 1417:Tennessee House of Representatives 1339:, until 2006, when he was elected 1098:Supreme Court of the United States 1041:Supreme Court of the United States 627:may never be declared (Section 25) 25: 962:Lieutenant Governor of New Jersey 840:Department of Tourist Development 786:Department of Children's Services 355:manner as they may think proper. 83:Constitution of the United States 2833: 1681:"You've hit one of our potholes" 1486:Jameson, John Alexander (1867). 981:Lieutenant Governor of Tennessee 979:. (The office is referred to as 936:in the state's ordinary courts. 722:their proceedings (Section 14). 163: 1670:website, accessed April 3, 2018 1586:. Vanderbilt University Press. 1441:Planned Parenthood v. Sundquist 846:Department of Veterans Services 461:Legislature may by law direct. 1777:"Tennessee State Constitution" 1570:website, accessed May 30, 2011 1533:Tennessee Constitution of 1796 810:Department of General Services 1: 2149:Ridge-and-Valley Appalachians 1389:but also to the influence of 1244:1977 convention and aftermath 816:Department of Human Resources 2305:Chattanooga–Cleveland–Dalton 1266:for life, only from a third 843:Department of Transportation 819:Department of Human Services 1448:still subject to income tax 619:Imprisonment for civil debt 448:public safety requires it. 181:constitution is located in 3239: 2134:Mississippi Alluvial Plain 1668:Tennessee General Assembly 1459:2022 Tennessee Amendment 1 1429:National Rifle Association 1402:Tennessee Municipal League 1110:United States Constitution 333:Article I, is Tennessee's 279:Tennessee General Assembly 2829: 2265:Kingsport–Bristol–Bristol 2015:Colleges and universities 1843: 1360:Victims' Rights Amendment 1170:constitutional convention 1088:Any person involved in a 783:Department of Agriculture 630:Anyone may travel on the 283:constitutional convention 169:Constitution of Tennessee 162: 48: 3182:Northern Mariana Islands 2124:Great Appalachian Valley 1984:Tennessee National Guard 1024:schools, allowing for a 792:Department of Correction 678:House of Representatives 337:. It mimics many of the 1516:Tennessee Supreme Court 1275:metropolitan government 1062:conscientious objectors 948:, state treasurer, and 861:Tennessee Supreme Court 855:Article VI creates the 798:Department of Education 607:Less usual declarations 348:Declaration of Rights. 1663:Tennessee Constitution 1337:Tennessee State Senate 973:Tennessee State Senate 831:Department of Military 750:statute of limitations 653: 586: 257:Nat Turner's Rebellion 233: 152:Judiciary of Tennessee 18:Tennessee constitution 2139:Mississippi embayment 1106:Fourteenth Amendments 1018:interracial marriages 869:justices of the peace 834:Department of Revenue 329:Declaration of Rights 231: 140:Governor of Tennessee 3213:1870 in American law 2840:Tennessee portal 2328:Tullahoma–Manchester 2114:Cumberland Mountains 2109:Blue Ridge Mountains 1797:Text of Constitution 813:Department of Health 768:is empowered with a 639:Separation of powers 601:indentured servitude 107:Government structure 3192:U.S. Virgin Islands 1999:Tourist attractions 1969:Lieutenant Governor 1719:story published in 1341:U.S. Representative 1100:with regard to the 1010:two-thirds majority 977:lieutenant governor 320:The constitution's 307:Tennessee Blue Book 303:state constitutions 264:state supreme court 2315:Micropolitan areas 2232:Metropolitan areas 2119:Cumberland Plateau 1765:. 5 November 2014. 1763:timesfreepress.com 1746:The Mountain Press 1740:2008-01-11 at the 1715:, by Matt Gouras; 1699:2007-04-28 at the 1562:2012-01-13 at the 1538:2011-07-24 at the 1209:American Civil War 1140:Legislative method 946:secretary of state 921:vote (Section 6). 754:American Civil War 656:Legislative branch 234: 36:State of Tennessee 3200: 3199: 2847: 2846: 2297:statistical areas 1915:African Americans 1640:on March 23, 2019 1593:978-0-8265-1318-2 1499:978-0-608-41706-6 1463:right-to-work law 1351:Recent amendments 1164:Convention method 1147:absolute majority 1132:Amendment process 1068:Disqualifications 992:primary elections 987:General elections 632:Mississippi River 339:US Bill of Rights 273:1870 constitution 224:1835 constitution 194:1796 constitution 178: 177: 92:February 23, 1870 57:Seal of Tennessee 16:(Redirected from 3230: 3156:Washington, D.C. 3150:Federal district 2874: 2867: 2860: 2851: 2838: 2837: 2836: 2154:Tennessee Valley 1974:General Assembly 1826: 1819: 1812: 1803: 1784: 1783: 1781: 1773: 1767: 1766: 1755: 1749: 1732: 1726: 1717:Associated Press 1710: 1704: 1691: 1685: 1684: 1677: 1671: 1659: 1650: 1649: 1647: 1645: 1636:. Archived from 1626: 1620: 1619: 1613: 1604: 1598: 1597: 1577: 1571: 1554: 1543: 1530: 1524: 1513: 1504: 1503: 1483: 1187:First amendments 940:Other provisions 911:Attorney General 896:Middle Tennessee 766:executive branch 760:Executive branch 690:Reynolds v. Sims 288:special election 218:Thomas Jefferson 167: 166: 53: 41: 21: 3238: 3237: 3233: 3232: 3231: 3229: 3228: 3227: 3203: 3202: 3201: 3196: 3158: 3144: 2883: 2878: 2848: 2843: 2834: 2832: 2825: 2337: 2309: 2296: 2289: 2226: 2163: 2144:Nashville Basin 2097: 2075:Grand Divisions 2069: 2003: 1989:Law enforcement 1851: 1839: 1830: 1793: 1788: 1787: 1779: 1775: 1774: 1770: 1757: 1756: 1752: 1748:, May 23, 2005. 1742:Wayback Machine 1733: 1729: 1711: 1707: 1701:Wayback Machine 1692: 1688: 1679: 1678: 1674: 1660: 1653: 1643: 1641: 1628: 1627: 1623: 1611: 1606: 1605: 1601: 1594: 1579: 1578: 1574: 1564:Wayback Machine 1555: 1546: 1540:Wayback Machine 1531: 1527: 1514: 1507: 1500: 1492:. C. 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1652: 1639: 1635: 1631: 1625: 1622: 1617: 1610: 1603: 1600: 1595: 1589: 1585: 1584: 1576: 1573: 1569: 1565: 1561: 1558: 1553: 1551: 1549: 1545: 1541: 1537: 1534: 1529: 1526: 1523: 1522: 1517: 1512: 1510: 1506: 1501: 1495: 1491: 1490: 1482: 1479: 1472: 1470: 1468: 1464: 1460: 1455: 1453: 1449: 1444: 1442: 1436: 1432: 1430: 1426: 1422: 1418: 1415:In 2007, the 1413: 1410: 1405: 1403: 1398: 1396: 1392: 1388: 1385: 1381: 1376: 1374: 1370: 1365: 1361: 1356: 1350: 1348: 1346: 1342: 1338: 1334: 1331: 1327: 1323: 1320: 1317: 1312: 1306: 1302: 1299: 1294: 1292: 1288: 1283: 1278: 1276: 1271: 1269: 1265: 1259: 1255: 1252: 1251:desegregation 1243: 1241: 1240:assessments. 1239: 1235: 1232: 1227: 1225: 1219: 1217: 1212: 1210: 1204: 1200: 1196: 1193: 1186: 1181: 1179: 1176: 1173: 1171: 1163: 1161: 1159: 1154: 1150: 1148: 1139: 1137: 1131: 1129: 1126: 1120: 1119: 1113: 1111: 1107: 1103: 1099: 1091: 1087: 1084: 1081: 1078: 1075: 1074: 1073: 1067: 1065: 1064:(Section 3). 1063: 1059: 1050: 1048: 1046: 1042: 1038: 1035: 1031: 1028:, preventing 1027: 1023: 1019: 1014: 1011: 1006: 1003: 999: 997: 993: 988: 984: 982: 978: 974: 970: 965: 963: 959: 955: 951: 947: 939: 937: 935: 934:trial of fact 930: 928: 927:supermajority 922: 919: 918:supermajority 914: 912: 907: 905: 901: 897: 893: 889: 885: 881: 877: 872: 871:(Section 1). 870: 866: 862: 858: 850: 845: 842: 839: 836: 833: 830: 827: 824: 821: 818: 815: 812: 809: 806: 803: 800: 797: 794: 791: 788: 785: 782: 781: 780: 777: 775: 771: 767: 759: 757: 755: 751: 746: 741: 738: 736: 731: 729: 723: 721: 716: 714: 709: 707: 702: 698: 694: 693:(Section 4). 692: 691: 686: 681: 680:(Section 3). 679: 675: 671: 667: 663: 655: 652: 650: 646: 638: 633: 629: 626: 623: 620: 617: 614: 613: 612: 606: 604: 602: 598: 593: 591: 585: 582: 578: 575: 571: 569: 565: 563: 559: 557: 553: 550: 546: 544: 540: 537: 533: 531: 527: 525: 521: 518: 514: 511: 507: 504: 500: 497: 493: 491: 487: 485: 481: 479: 475: 472: 468: 466: 462: 459: 455: 453: 449: 446: 442: 440: 436: 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Retrieved 1638:the original 1633: 1624: 1615: 1602: 1582: 1575: 1528: 1519: 1488: 1481: 1456: 1445: 1440: 1437: 1433: 1414: 1406: 1399: 1395:horse racing 1377: 1357: 1354: 1307: 1303: 1296:Some in the 1295: 1279: 1272: 1267: 1260: 1256: 1247: 1238:property tax 1228: 1223: 1220: 1213: 1205: 1201: 1197: 1194: 1190: 1177: 1174: 1167: 1155: 1151: 1143: 1135: 1124: 1121: 1115: 1114: 1095: 1071: 1054: 1036: 1015: 1007: 1004: 1000: 985: 966: 943: 931: 923: 915: 908: 873: 854: 778: 763: 742: 739: 732: 724: 717: 710: 703: 699: 695: 688: 682: 659: 644: 643: 610: 594: 587: 580: 579: 573: 572: 567: 566: 561: 560: 555: 554: 548: 547: 542: 541: 535: 534: 529: 528: 523: 522: 516: 515: 509: 508: 502: 501: 495: 494: 489: 488: 483: 482: 477: 476: 470: 469: 464: 463: 457: 456: 451: 450: 444: 443: 438: 437: 432: 431: 425: 424: 418: 417: 412: 411: 405: 404: 398: 397: 391: 390: 385: 384: 378: 377: 371: 370: 364: 363: 358: 357: 351: 350: 345: 344: 332: 325:convention. 319: 311: 295:Confederates 292: 276: 268: 261: 243: 235: 215: 211: 204: 197: 179: 69:Jurisdiction 31: 29: 3164:Territories 3010:Mississippi 2925:Connecticut 2245:Clarksville 2240:Chattanooga 2197:Clarksville 2192:Chattanooga 1920:LGBT rights 1910:Tennesseans 1467:labor union 1330:progressive 1322:Steve Cohen 1268:consecutive 1117:Impeachment 950:comptroller 859:, with the 713:US citizens 674:lower house 666:upper house 625:Martial law 590:Magna Carta 581:Section 36. 574:Section 35. 568:Section 34. 562:Section 33. 556:Section 32. 549:Section 31. 543:Section 30. 536:Section 29. 530:Section 28. 524:Section 27. 517:Section 26. 510:Section 25. 503:Section 24. 496:Section 23. 490:Section 22. 484:Section 21. 478:Section 20. 471:Section 19. 465:Section 18. 458:Section 17. 452:Section 16. 445:Section 15. 439:Section 14. 433:Section 13. 426:Section 12. 419:Section 11. 413:Section 10. 200:US Congress 3207:Categories 3125:Washington 3045:New Mexico 3040:New Jersey 2915:California 2816:Williamson 2796:Washington 2731:Sequatchie 2721:Rutherford 2661:Montgomery 2591:Lauderdale 2436:Cumberland 2333:Union City 2323:Cookeville 2280:Morristown 2159:Tri-Cities 2053:newspapers 2040:Literature 1930:newspapers 1925:Mass media 1616:www.tn.gov 1473:References 1324:, who was 1311:income tax 1298:mass media 1231:politician 1182:Amendments 1158:referendum 1022:integrated 958:New Jersey 745:referendum 645:Section 2. 406:Section 9. 399:Section 8. 392:Section 7. 386:Section 6. 379:Section 5. 372:Section 4. 365:Section 3. 359:Section 2. 352:Section 1. 346:ARTICLE I. 253:free black 173:Wikisource 3135:Wisconsin 3100:Tennessee 3005:Minnesota 2980:Louisiana 2786:Van Buren 2771:Trousdale 2716:Robertson 2571:Jefferson 2561:Humphreys 2541:Henderson 2411:Claiborne 2285:Nashville 2270:Knoxville 2250:Cleveland 2187:Knoxville 2177:Nashville 2035:Education 1952:Elections 1895:Geography 1850:(capital) 1847:Nashville 1837:Tennessee 1644:March 24, 1384:religious 1380:lotteries 1343:from the 1282:constable 1216:home rule 1125:sine die, 1077:Ministers 880:Knoxville 876:Nashville 857:judiciary 730:" bills. 685:US Census 259:in 1831. 158:Full text 147:Judiciary 135:Executive 128:Bicameral 73:Tennessee 3120:Virginia 3070:Oklahoma 3050:New York 3025:Nebraska 3015:Missouri 3000:Michigan 2990:Maryland 2975:Kentucky 2955:Illinois 2930:Delaware 2920:Colorado 2910:Arkansas 2756:Sullivan 2631:Marshall 2596:Lawrence 2521:Hardeman 2511:Hamilton 2491:Grainger 2476:Franklin 2471:Fentress 2441:Davidson 2431:Crockett 2401:Cheatham 2381:Campbell 2351:Anderson 2343:Counties 2295:Combined 2207:Franklin 1957:Governor 1900:Gun laws 1870:Cannabis 1865:Abortion 1738:Archived 1697:Archived 1560:Archived 1536:Archived 1333:Democrat 1319:attorney 1224:per diem 1104:and the 1083:Atheists 1045:duelists 1030:interest 1026:poll tax 865:Chancery 720:disrupts 672:and the 322:preamble 207:governor 123:Chambers 113:Branches 98:Ratified 64:Overview 3140:Wyoming 3115:Vermont 3020:Montana 2960:Indiana 2940:Georgia 2935:Florida 2905:Arizona 2895:Alabama 2806:Weakley 2751:Stewart 2691:Pickett 2681:Overton 2646:McNairy 2621:Madison 2606:Lincoln 2576:Johnson 2566:Jackson 2556:Houston 2551:Hickman 2536:Haywood 2531:Hawkins 2516:Hancock 2506:Hamblen 2466:Fayette 2456:Dickson 2446:Decatur 2406:Chester 2391:Carroll 2376:Bradley 2366:Bledsoe 2356:Bedford 2275:Memphis 2255:Jackson 2217:Jackson 2182:Memphis 2102:Regions 2030:Economy 2008:Culture 1994:Symbols 1890:Outline 1885:History 1373:prisons 1335:in the 1316:Memphis 1108:to the 1051:Militia 996:sheriff 971:of the 969:Speaker 884:Jackson 774:militia 728:omnibus 676:is the 668:is the 299:slavery 246:slavery 189:History 89:Created 3075:Oregon 3030:Nevada 2970:Kansas 2945:Hawaii 2900:Alaska 2888:States 2821:Wilson 2791:Warren 2776:Unicoi 2766:Tipton 2761:Sumner 2741:Shelby 2736:Sevier 2701:Putnam 2671:Morgan 2656:Monroe 2641:McMinn 2626:Marion 2611:Loudon 2526:Hardin 2501:Grundy 2496:Greene 2481:Gibson 2451:DeKalb 2426:Coffee 2396:Carter 2386:Cannon 2371:Blount 2361:Benton 2088:Middle 2049:Media 1857:Topics 1590:  1496:  1369:parole 1270:term. 1037:per se 954:Hawaii 898:, and 882:, and 863:, the 670:Senate 3105:Texas 2985:Maine 2950:Idaho 2811:White 2801:Wayne 2781:Union 2746:Smith 2726:Scott 2711:Roane 2686:Perry 2676:Obion 2666:Moore 2651:Meigs 2636:Maury 2616:Macon 2601:Lewis 2546:Henry 2486:Giles 2421:Cocke 2058:radio 2045:Music 2020:Crime 1935:radio 1833:State 1780:(PDF) 1612:(PDF) 1364:crime 1102:First 1034:usury 735:bonds 3177:Guam 3110:Utah 3065:Ohio 2965:Iowa 2706:Rhea 2696:Polk 2586:Lake 2581:Knox 2461:Dyer 2416:Clay 2093:West 2083:East 1962:list 1880:Name 1646:2019 1588:ISBN 1494:ISBN 1457:The 1421:fish 1090:duel 1020:and 660:The 277:The 55:The 30:The 1835:of 1289:of 603:. 171:at 3209:: 2063:TV 1940:TV 1761:. 1666:, 1654:^ 1632:. 1614:. 1566:, 1547:^ 1518:, 1508:^ 1443:. 1347:. 1226:. 1112:. 906:. 894:, 878:, 756:. 592:. 185:. 2873:e 2866:t 2859:v 1825:e 1818:t 1811:v 1782:. 1683:. 1648:. 1618:. 1596:. 1502:. 890:( 117:3 38:. 20:)

Index

Tennessee constitution
State of Tennessee

Seal of Tennessee
Tennessee
Constitution of the United States
Ratified
Branches
Chambers
Bicameral
Executive
Governor of Tennessee
Judiciary
Judiciary of Tennessee
Constitution of Tennessee
Wikisource
Tennessee's State Library and Archives
US Congress
governor
Thomas Jefferson

Carter County
slavery
disfranchised
free black
Nat Turner's Rebellion
state supreme court
Tennessee General Assembly
constitutional convention
special election

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

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