FACTOID # 7: The top five best educated states are all in the Northeast.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Tennessee State Constitution

The Tennessee State Constitution defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      A U.S. state is any one of the fifty subnational entities of the... Official language(s) English Capital Nashville Largest city Memphis Largest metro area Nashville Area  Ranked 36th  - Total 42,169 sq mi (109,247 km²)  - Width 120 miles (195 km)  - Length 440 miles (710 km)  - % water 2. ...

Contents

Different versions

The original constitution of Tennessee came into effect on June 1, 1796 concurrent with the state's admission to the Union. It was replaced by another constitution adopted in 1835. A third constitution was adopted in 1870 and is the one still in use today. June 1 is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 1796 (MDCCXCVI) was a leap year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Monday of the 11-day slower Julian calendar). ...


Unlike the latter two, the original was never submitted to the voters but rather approved by Congress in conjunction with the resolution admitting Tennessee as a state. Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political...


Original

The first constitution was widely criticized as giving the executive, a presumably full-time governor, insufficient authority and investing too much authority in the legislature, a part-time body. This was cited as a primary reason for its replacement. Notes 1East was Secretary of State for Tennessee from 1862-1865, appointed by Andrew Johnson, the military governor of the state under Union occupation during the American Civil War. ... The Tennessee General Assembly is the formal name of the legislature of the U.S. state of Tennessee. ...


Second

The second document took several steps backward in terms of rights and freedoms, including disenfranchising blacks. An African American (also Afro-American, Black American, or simply black) is a member of an ethnic group in the United States whose ancestors, usually in predominant part, were indigenous to Africa. ...


Third (current)

The Tennessee General Assembly, on November 15, 1869, called for an election to be held in December 1869 for two purposes: to determine if a Constitutional Convention should be called for the purpose of amending or replacing the 1835 constitution, and to elect delegates to that convention if the voters determined that it was to be held. The voters deciding in the affirmative, the convention began on January 10, 1870. The convention adjourned on February 23, 1870, having adopted the constitution and recommending its approval by the voters in a special election, which was conducted on the fourth Saturday in March, 1870. The Tennessee General Assembly is the formal name of the legislature of the U.S. state of Tennessee. ... is the 319th day of the year (320th in leap years) in the Gregorian calendar. ... 1869 (MDCCCLXIX) is a common year starting on Friday (link will take you to calendar) of the Gregorian calendar or a common year starting on Sunday of the 12-day-slower Julian calendar. ... A constitutional convention is a gathering of delegates for the purpose of writing a new constitution or revising an existing constitution. ... January 10 is the 10th day of the year in the Gregorian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... February 23 is the 54th day of the year in the Gregorian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... A by-election or bye-election is a special election held to fill a political office when the incumbent has died or resigned. ...


The third document was largely written as a response to the requirement that all of the readmitted ex-Confederate States adopt new constitutions explicitly banning slavery. It contains many provisions which are verbatim holdovers from the two predecessor documents. It is considerably longer than the United States Constitution but not particularly long by the standards of state constitutions. This 1870 document stood unamended until 1953, which according to the Tennessee Blue Book was the longest period that any such document had remained in effect without amendment anywhere in the world. Motto Deo Vindice (Latin: Under God, Our Vindicator) Anthem (none official) God Save the South (unofficial) The Bonnie Blue Flag (unofficial) Dixie (unofficial) Capital Montgomery, Alabama (until May 29, 1861) Richmond, Virginia (May 29, 1861–April 2, 1865) Danville, Virginia (from April 3, 1865) Language(s) English (de facto) Religion... Slave redirects here. ... The United States Constitution is the supreme law of the United States of America. ... In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ... The Tennessee Blue Book is an official government manual for the U.S. state of Tennessee, published by the Secretary of State. ...


Main provisions

The constitution's preamble is much longer than its counterpart in the United States 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, and that the 1835 constitution was itself created under the authority of the original 1796 convention. Look up Preamble in Wiktionary, the free dictionary. ...


Declaration of Rights

Article I, is Tennessee's bill of rights. It copies verbatim many of the U.S. Bill of Rights, although the provisions describing them are generally much lengthier than those of the U.S. Constitution. The provisions in this article state: A bill of rights is a list or summary of which is considered important and essential by a group of people. ... United States Bill of Rights The Bill of Rights is the name given to the first ten amendments to the United States Constitution. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...

  • Establishment of a state religion is banned and personal freedom of religion is inviolate (Section 3)
  • Test Oaths except to the State or Federal Constitutions as qualifications for office or jury are illegal (Sections 4 and 6)
  • Universal suffrage is granted (Section 5)
  • Unreasonable searches and seizures may not be carried out (Section 7)
  • Bill of attainder may not be issued (Section 8)
  • Fair trial rights are granted, and compelled self-incrimination is outlawed (Section 9)
  • Double jeopardy and cruel and unusual punishment may not be practiced (Sections 10, 13, 16 and 32)
  • Ex post facto laws are dangerous to free government and banned (Section 11)
  • Habeas corpus must be respected unless the General Assembly declares otherwise during wartime (Section 15)
  • Freedom of the press is guaranteed (Section 19)
  • Monopolies are illegal (Section 22)
  • Freedom of Assembly is granted (Section 23)
  • In all cases the military is subordinated to the civil authority (Section 24)
  • Military law may only be levied against people in active militia or army service (Section 25)
  • Explicitly grants the right to bear arms unless the General Assembly legislates otherwise (Section 26)
  • Soldiers may not be quartered in private houses during peacetime (Section 27)
  • Citizens cannot be forced to perform in the militia (See Article VIII) so long as "he" will pay a suitable fine (Section 28)
  • Orders of nobility, or hereditary titles and rights are forbidden (Section 30)
  • The state's boundaries are listed here, in perhaps excessive detail (Section 31)
  • The State must provide for prisons and their upkeep (Section 32)
  • Slavery is outlawed except as punishment for crime (Sections 33 and 34)
  • Crime victims may expect certain rights from the State (Section 35 and subsections, added by amendment in 1998)

Sections 16 and 27, amongst others, are directly copied from the United States Constitution. The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... Elections Part of the Politics series Politics Portal This box:      Universal suffrage (also general suffrage or common suffrage) consists of the extension of the right to vote to all adults, without distinction as to race, sex, belief, intelligence, or economic or social status. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... For other uses, see Double jeopardy (disambiguation). ... “Cruel And Unusual” redirects here. ... An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ... In common law, habeas corpus (/heɪbiÉ™s kɔɹpÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... Freedom Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... A monopoly (from the Greek language monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a product or service, in other words a firm that has no competitors in its industry. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... Military law is a distinct legal system to which members of armed forces are subject. ... The right to bear arms refers to the right that individuals have to weapons. ... This article is about a military rank. ... Quartering Act is the name of at least two acts of the Parliament of Great Britain. ... Slave redirects here. ... The Victims Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution. ...


The article's provisions regarding slavery are also significant, as they both prohibit slavery in the same manner as the Thirteenth Amendment to the United States Constitution, 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 indentured servitude. Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit, slavery, and, with limited exceptions, those convicted of a crime, prohibits involuntary servitude. ... An Indentured Servant (or in the U.S. bonded labourer) is a labourer under contract to work for an employer for a specific amount of time, usually seven to eight years, to pay off a passage to a new country or home. ...


Less usual declarations

Besides the more common human rights, a few other rights are enumerated:

A debtors prison is a prison for people unable to pay a debt to another creditor. ... This article does not cite any references or sources. ... For the river in Canada, see Mississippi River (Ontario). ...

Separation of powers

Article II of the constitution states that there are to be three separate branches of government: legislative, executive, and judicial. It also explicitly states that no one from one is to exercise rights belonging to any of the others, something considered implicit in the national constitution, or inferred by its interpreters (Sections 1 and 2). The Politics series Politics Portal This box:      Separation of powers, a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...


Legislative branch

The lawmaking power of the state is given to its Legislature, named the General Assembly, whose upper house is the Senate and whose lower house is the House of Representatives (Section 3). Chamber of the Estates-General, the Dutch legislature. ... The Tennessee General Assembly is the formal name of the legislature of the U.S. state of Tennessee. ... An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. ... The Tennessee Senate is the upper house of the Tennessee General Assembly, the formal name of the Tennessee state legislature. ... A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. ... The Tennessee House of Representatives, in American politics, is the lower house of the state legislature of Tennessee, formally called the Tennessee General Assembly. ...


The basis for legislative representation is population, as determined by the United States Census; however the General Assembly can always use other, non-population factors to apportion one house (the Senate) unless the U.S. Constitution is currently authoritatively interpreted to forbid this (as it currently is under Reynolds v. Sims) (Section 4). 1880 US Census of Hoboken, New Jersey The United States Census is mandated by the United States Constitution[1]. The population is enumerated every 10 years and the results are used to allocate Congressional seats (congressional apportionment), electoral votes, and government program funding. ... Reynolds v. ...


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, there being only 95 counties), the affected counties shall be divided up into districts, causing all representatives to be elected from single-member constituencies. A county may not be split into separate counties in order to do this. (Section 5 and subsection)


The upper house is to be set up in the same manner, except that its size is variable, up to ⅓ of the size of the lower house, which was fixed at 99 as noted above. In practice the Tennessee Senate has always consisted of 33 members, the maximum allowable under this provision. (Section 6 and subsection)


The first election to the Legislature was to take place on the second Tuesday of November 1870, and after that every two years, on the first Tuesday after the first Monday, and all such elections shall take only that day (Section 7) Election Day in the United States is the day when polls most often open for the election of certain public officials. ...


Representatives have to be 21 years old, U.S. citizens, a state citizen for three years, and a county citizen for at least one year before election day (Section 9). Senatorial requirements are different only with the requirement that senators be at least 30 years old. And no one from either house can be appointed to any office by the executive or legislative branches, unless it is "trustee of a literary institution". (Section 10) // Possession of citizenship U.S. citizens have the right to participate in the political system of the United States (with most U.S. states having restrictions for felons, and federal restrictions on naturalized persons), are represented and protected abroad by the United States (through U.S. embassies and consulates), and...


Either house may imprison people (whether a member or not) who disrupts their proceedings. (Section 14) Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. ...


The legislative provisions include the requirement that no bill may be broader than its caption and that it may only contain one subject (Section 17). To this point, Tennessee courts have interpreted this to mean that no bill can contain non-germane material, and that no caption can include the words "and for other purposes" (which can and does occur in Congress). The General Assembly, therefore, can pass no "omnibus" bills. An omnibus spending bill is a bill that sets the budget of many departments of the United States government at once. ...


Also banned were some business practices which had previously gotten the state into trouble, such as allowing municipalities to loan money to railroads in order for them to pay off bonds on which they had previously defaulted (Section 33) and the election or appointment of people while they were still responsible for public money (Section 25). In finance, a bond is a debt security, in which the authorized issuer owes the holders a debt and is obliged to repay the principal and interest (the coupon) at a later date, termed maturity. ...


Section 28 describes the General Assembly's power to levy taxes.


For a municipality to issue bonds or borrow money on behalf of a private business or individual was in the future to be allowed only with the passage of a referendum with the unusually stringent provision of a three-quarters majority, although the effect of this 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 statute of limitations, as civil government in much of the state had broken down during that period owing to the Civil War. Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... is the 126th day of the year (127th in leap years) in the Gregorian calendar. ... 1861 (MDCCCLXI) was a common year starting on Tuesday (link with display the full calendar) of the Gregorian calendar (or a common year starting on Thursday of the Julian calendar) // January 1 - Benito Juárez captures Mexico City January 2 - Friedrich Wilhelm IV of Prussia dies and is succeeded by... is the 1st day of the year in the Gregorian calendar. ... Cunt BAg Twat Fuk suck my penis ring 0778851865!!!!!!Year 1867 (MDCCCLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday of the of the 12-day slower Julian calendar). ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total...


Executive branch

Article III allows the governor to serve a two-year term, a provision superseded by the 1953 amendments. The executive branch is empowered with a line-item veto, but a majority of all members in each house may override this veto, which is the same vote required to enact the bill initially. The governor is the head of the state militia, but may only exercise this power if the General Assembly authorizes him to do so when "the public safety requires it" (Section 5). Notes 1East was Secretary of State for Tennessee from 1862-1865, appointed by Andrew Johnson, the military governor of the state under Union occupation during the American Civil War. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... In government, the line-item veto is the power of an executive to nullify or cancel specific provisions of a bill, usually budget appropriations, without vetoing the entire legislative package. ... Lebanese Kataeb militia A Militia is an organization of citizens to provide defense, emergency or paramilitary service, or those engaged in such activity. ...


Judicial branch

Article VI creates the judiciary, composed of the State's Supreme Court, Chancery courts, and others to be "ordained and established" as deemed necessary, and justices of the peace (Section 1). The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... The Tennessee Supreme Court is the highest appellate court of the State of Tennessee. ... One of the courts of equity in England and Wales. ... A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ...


The Tennessee Supreme Court is to meet in Nashville, Knoxville and Jackson and not have more than two of its five members from any one of the state's Grand Divisions (East Tennessee, Middle Tennessee, and West Tennessee) (Section 2). The courts were to be elected by the people for eight years at a time (Sections 3 and 4), however this has been changed to the Modified Missouri Plan or Tennessee Plan. The Tennessee Supreme Court is the highest appellate court of the State of Tennessee. ... Nickname: Location in Davidson County and the state of Tennessee Coordinates: Country United States State Tennessee Counties Davidson County Founded: 1779 Incorporated: 1806 Government  - Mayor Bill Purcell (D) Area  - City  526. ... Nickname: Location within the U.S. State of Tennessee. ... Jackson is a city in Madison County, Tennessee, United States. ... The Grand Divisions are geographic, cultural, and legally recognized regions each compromising a third of the State of Tennessee. ... East Tennessee is a name given to approximately the eastern third of the state of Tennessee. ... Middle Tennessee is a distinct portion of the state of Tennessee, delineated according to law as well as custom. ... West Tennessee is one of the three traditional regions in the U.S. state of Tennessee. ... Also known as the merit plan, the Missouri Plan (originally the Missouri Nonpartisan Court Plan) is a method for the nonpartisan selection of judges currently used in 11 U.S. states as well as in many other countries. ... This article or section does not cite its references or sources. ...


The court then appoints the state "Attorney General and Reporter" for an eight-year term (Section 5).


The General Assembly may remove judges and state attorneys with a two thirds supermajority in both houses, with each vote for and against being recorded along with the statesman's reason for his decision. The impeached must be notified 10 days beforehand (Section 6). A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority in order to have effect. ...


Judges are also barred from hearing cases in which they are interested or involved, or are related to the parties. Should they be, the governor will appoint others to take his place for that particular case. This once required the entire supreme coort to be replaced in a case challenging the method in which the court was chosen. The Legislature may also regulate special judges when the normal one can't preside or didn't show for (Section 11). A conflict of interest is a situation in which someone in a position of trust, such as a lawyer, a politician, or an executive or director of a corporation, has competing professional or personal interests. ...


Indictments must be made "against the peace and dignity of the State." (Section 12).


Other provisions

The constitution has several provisions that are unusual for a state constitution. It mandates only three "constitutional officers" other than governor, namely secretary of state, state treasurer, and comptroller, and provides for them to be elected by the General Assembly, not the voters as is far more common. (Tennessee is the only state other than Hawaii and New Jersey in which the governor is the sole officeholder elected statewide.) The governor's designated successor is the Speaker of the Tennessee State Senate, elected from among its membership, a provision now found in the constitutions of only a few other states; the majority now have a full-time lieutenant governor. (This office is referred to as Lieutenant Governor of Tennessee in subsequent statutory law, but not in the constitution.) General elections for state offices were moved to make them simultaneous with federal elections (Novembers of even-numbered years) with elections for county and judicial offices to be held in the Augusts of even-numbered years; this later became the traditional date for primary elections for the statewide offices to be held as well, so that the day on which, for example, a sheriff was elected would be the same day as the primary election for governor would be held. In several countries, Secretary of State is a senior government position. ... Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area  Ranked 43rd  - Total 10,931 sq mi (29,311 km²)  - Width n/a miles (n/a km)  - Length 1,522 miles (2,450 km)  - % water 41. ... Official language(s) English de facto Capital Trenton Largest city Newark Area  Ranked 47th  - Total 8,729 sq mi (22,608 km²)  - Width 70 miles (110 km)  - Length 150 miles (240 km)  - % water 14. ... It has been suggested that Speakers of the House be merged into this article or section. ... The Tennessee State Senate is the upper house of the Tennessee General Assembly, the formal name of the Tennessee state legislature. ... A Lieutenant Governor is a government official who is the subordinate or deputy of a Governor or Governor-General. ... The Lieutenant Governor of Tennessee is the Speaker of the Tennessee State Senate and first in line in the succession to the office of Governor of Tennessee in the event of the death, resignation, or removal from office through impeachment and conviction of the Governor. ... A general election is an election in which all or most members of a given political body are up for election. ... A primary election is an election in which voters in a jurisdiction select candidates for a subsequent election (nominating primary). ... Look up Sheriff in Wiktionary, the free dictionary. ...


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 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. (This provision nonetheless incited a spate of new counties; ten were established in the next decade, although 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.) Obviously, 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 while a two-thirds majority 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 which had already been created without strict adherence to the provisions for the creation of new counties which was contained in the previous constitution. A two-thirds majority is a common supermajoritarian requirement in elections, especially whenever minority rights can be changed (e. ...


There were also provisions forbidding interracial marriages and integrated schools, allowing for a poll tax, preventing interest over 10% from being charged on loans and making this usury per se All of these last six provisions have been either subsequently formally removed or invalidated by Supreme Court of the United States decisions and are no longer enforced; whether the prohibition of former duelists from holding office is valid has apparently not been tested. Children at a parade in North College Hill, Ohio Racial integration, or simply integration includes desegregation (the process of ending systematic racial segregation). ... A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ... For other senses of this word, see interest (disambiguation). ... Look up usury in Wiktionary, the free dictionary. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... A duel is a formalized type of combat. ...


The militia

The state's militia is governed by Article VIII, which specifies that all officers be elected by those subject to service within their groupings and as the Legislature directs (Section 1) but that the governor appoint his staff officers and they in turn appoint their staff officers (Section 2). The Legislature is also directed to exempt religious conscientious objectors (Section 3). Staff officers in the U. S. Navy provide specialized support to Line Officers and to all other persons in the organization. ... It has been suggested that Conscientious objection throughout the world be merged into this article or section. ...


Disqualifications

Article IX lists three groups of people who are barred from various privileges:

  • Ministers of any religion many not sit as legislators because they "ought not be diverted from the great duties of their functions." (Section 1)
  • Atheists may not perform any office in the government (Although Section 4 of Article I, banning any religious test for any "office of public trust" seemingly would make this hard to enforce) (Section 2)
  • Anyone having anything to do with a duel may not hold any "honor or profit" under the state's government and is liable to be punished otherwise (Section 3)

It should be noted that the restrictions on minsters and atheists have been deemed to be unenforcable due to the interpretations of the Supreme Court of the United States with regard to the First and Fourteenth Amendments to the United States Constitution. For other types of minister, see Minister In Christian churches, a minister is a man or woman who serves a congregation or participates in a role in a parachurch ministry; such persons can minister as a Pastor, Preacher, Bishop, Chaplain, Deacon or Elder. ... For information about the band, see Atheist (band). ... A duel is a formalized type of combat. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... The United States Constitution is the supreme law of the United States of America. ...


Amendment process

Per Article XI, Section 3 of the Tennessee State Constitution, there are two methods to amend the document:


Legislative method

In one, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an absolute majority on all readings. It does not require the governor's approval. It must then be published at least six months before the next legislative election. After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in gubernatorial election. The Tennessee General Assembly is the formal name of the legislature of the U.S. state of Tennessee. ... Absolute majority is a supermajoritarian voting requirement which is stricter than a simple majority. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...


Convention method

In the alternative, the legislature can put on any ballot the question of whether to call a constitutional convention. It must be stated whether the convention is limited or unlimited (Whether it can only amend the current constitution or totally abolish it and write a new one). If limited, the call must state which provisions of the current constitution are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved of by a majority of those voting in the election. A constitutional convention can not be held more frequently than once every six years. A constitutional convention is a gathering of delegates for the purpose of writing a new constitution or revising an existing constitution. ...


Amendments

The record length of time for going unamended ended in 1953. In 1952 the legislature called for a convention and the voters approved it. They then approved the recommended amendments. The most noticeable change wrought in the 1953 amendments was a lengthening of the governor's term from two to four years, with the added provision that no governor could succeed himself. (Until subsequently amended again, the effect of this provision was to establish what critics derisively called "leapfrog government".) Another provision allowed for the consolidation of a county government with the government of a county's principal city in the four largest counties.


The 1953 convention established precedents which proved useful in the future. Since no one who served in the 1870 convention writing the current constitution was still alive by this point, many things had to be decided, such as what rules the convention would function under temporarily until its was organized and adopted its own permanent rules, how a chair was to be elected, and other administrative matters. Another administrative provision determined that the Tennessee State Constitution was to be compiled in a manner similar to statutory law and not in the manner of the federal constitution. This means that amendments actually replace the language that they alter in the document and that in future publications the amendments are integrated into the text rather than appended to it as "Amendment I", "Amendment II", etc. The effect of this is that one reading the text of the constitution will, absent a strong historical background, sometimes be confused as to which provisions are those of the original document and which are the result of later amendment, although some amendments declare themselves to be such within the text of their provisions. This practice does prevent a reader of the current constitution from being confused by encountering obsolete provisions which 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 persons who wish to obscure its current provisions, such as those who assert that the document "even now refers to blacks as only three-fifths of a person", a provision which has not applied since the American Civil War but is still in the text of the early part of the document, the amendment deleting this provision not being encountered until much later. Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total...


Further amendments were proposed and subsequently adopted at conventions held in 1959 and 1965. Among the most notable of these allowed for the establishment of home rule by counties which chose to adopt a charter allowing them to function in many ways similar to municipalities. They also allowed legislators to receive a salary over and above expense money, and extended the terms of state senators from two years to four, done in such a way so that half of its membership is elected every two years. Another important change was that the frequency of scheduled sessions of the legislature (and hence the budget cycle) was altered from biennial to annual, though the General Assembly is still limited to a total of fifteen organizational days and ninety legislative days every two years; sessions extending beyond this (and special sessions extending beyond twenty legislative days) result in the legislature being unable to continue to receive its expense per diem. The poll tax provisions, already rendered moot by the Twenty-fourth Amendment to the United States Constitution, were removed. The 1971 convention, dominated by longtime Tennessee politician Clifford Allen, was limited to the establishment of a new system of property tax assessments. Devolution or Home rule is the pooling of powers from central government to government at regional or local level. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... The Politics series Politics Portal This box:      A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... Clifford Robertson Allen (January 6, 1912–June 18, 1978) was a Tennessee attorney and Democratic politician. ... Property tax, millage tax is an ad valorem tax that an owner of real estate or other property pays on the value of the property being taxed. ...


1977 convention and its aftermath

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 provision such as those banning interracial marriage and school desegregation, 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 payment fees, with tacit legislative approval.) Desegregation is the process of ending racial segregation, most commonly used in reference to the United States. ...


This convention proved to be very long and contentious, in fact lasting 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 this seemed to bode ill, in fact once the convention got on track it accomplished what many legal scholars see as being a record of largely solid achievement.


A major change was the proposal that the governor be allowed to 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 U.S. President is by the Twenty-second Amendment to the United States Constitution, but rather from a third consecutive term. Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office...


Any county and its principal city could vote to consolidate themselves into one "metropolitan government", not just the four largest ones. (In fact, the only two counties to have availed themselves of this provision since it has been added were two of the smallest ones in the state.) Minor changes included the elimination of the necessity of each county having the archaic (at least for urban counties) offices of constable and cattle ranger. (The provision for rangers was routinely widely ignored; that mandating constables had not been.) The provision limiting sheriffs to three consecutive two-year terms was replaced with one allowing sheriffs an unlimited number of consecutive four-year terms (a provision called 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 political boss of Davidson County, who was otherwise about to be term-limited out of office and who eventually was to serve federal time for corruption). In American local government, a consolidated city-county, metropolitan municipality or regional municipality is a city and county that have been merged into one jurisdiction. ... A constable is a person holding a particular office, most commonly in law enforcement. ... 1869 tobacco label featuring Boss Tweed A boss, in political science, is a person who wields de facto power over a particular political region or constituency. ... Davidson County is a county located in the state of Tennessee. ...


Some in the media 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 organizational difficulties, was over a judicial amendment which would have, among other provisions, made the state attorney general an office elected by statewide popular vote rather than retaining selection by the Supreme Court, and eliminated the requirement that the Supreme Court meet in Knoxville and Jackson (where a new and elaborate building for it had just been completed).


The voters, in a special election held solely to ratify the amendments proposed by this convention in February of 1978 (which attracted an extremely low turnout), voted to remove the archaic provisions and the usury cap, and to accept the changes regarding the governor's terms and metropolitan government, but narrowly turned down the judicial amendment, marking the first time that an amendment put to the voters by a convention had been defeated.


No further conventions have been held since 1977, although they have been frequently proposed, in part due to the recent spate of state fiscal crises. Some have proposed them to determine once and for all whether the Tennessee Constitution allows a general, broad-based income tax or not. (Past Tennessee Supreme Court decision have held that it does not, but all are by now at least several decades old and none of the current members of the court were involved in making them; there is considerable opinion that the current members could and likely would overturn these precedents were the question to be submitted to them.) 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 are creating a potential new set of politicians campaigning in their same districts and addressing some of the same issues. This occurred to an extent after the 1977 convention, which launched the career, among others, of Memphis attorney Steve Cohen, who was vice president of the convention and has been a prominent progressive Democrat in the Tennessee State Senate almost ever since, and in August 2006 received the Democratic nomination for U.S. Representative from the Ninth District. Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank   Money supply Fiscal policy Spending   Deficit   Debt Trade policy Tariff   Trade agreement Finance Financial market Financial market participants Corporate   Personal Public   Banking   Regulation        An income tax is a tax levied on the financial income... For other uses, see Memphis (disambiguation). ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... Stephen Ira Steve Cohen (born May 24, 1949) is a Democratic member of the United States House of Representatives representing Tennessees ninth district. ... A vice president is an officer in government or business who is next in rank below a president. ... This article is about Progressivism. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      Further information: Politics of the United States#Organization of American political parties The Democratic... The Tennessee State Senate is the upper house of the Tennessee General Assembly, the formal name of the Tennessee state legislature. ... August 2006 is the eighth month of that year, and has yet to occur. ... The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress; the other is the Senate. ...


Recent amendments

In the 1990s, amendments were put on the gubernatorial ballot without a convention being held, the provisions allowing for the General Assembly to propose them directly being utilized for the first time. In 1998, the voters were asked about two amendments. One was the "Victims' Rights Amendment", which required prosecutors to stay in touch with crime victims and their families, explain to them how purported offenses involving them were to be prosecuted, and notify them when persons who had committed crimes against them were being scheduled for parole or release, among other provisions. The other amendment removed the word "comfortable" from the requirements for minimum standards for prisons. Both of these amendments passed by overwhelming margins in an election that was again marked by a very light turnout and represented the first changes to the constitution in 20 years. In 2002, the legislature again proposed two amendments. The first, repealing a constitutional ban on all lotteries that had been a carryover from the 1835 document and was widely regarded as not only a tribute to religious fundamentalism but also to the influence of Andrew Jackson, a known lottery opponent who was in no way averse to other forms of gambling, especially that regarding horse racing, established the current state lottery. The other, pushed for by the Tennessee Municipal League, would have allowed municipalities to enact such fines as were allowed by the legislature instead of being limited to $50, which was still a quite-considerable sum in 1870. However, the League put little of the effort into winning voter approval that it had put into getting the legislature to put this amendment onto the ballot, and it also tended to get lost in the glare of the high-profile lottery amendment. Most voters had never heard of its existence until confronted with it on the ballot and hence, almost reflexively, turned it down for that reason. It became the first amendment put forward by the General Assembly to be defeated at the polls and joined the proposed 1978 judicial amendment as only the second ever defeated. The Victims Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution. ... Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual... Fundamentalist Christianity is a fundamentalist movement, especially within American Protestantism. ... For other uses, see Andrew Jackson (disambiguation). ... Horse-racing is an equestrian sporting activity which has been practiced over the centuries; the chariot races of Roman times were an early example, as was the contest of the steeds of the god Odin and the giant Hrungnir in Norse mythology. ...


In 2006, two additional amendments to the Tennessee State Constitution were passed. The Tennessee Marriage Protection Amendment specifies that only a marriage between a man and a woman can be legally recognized in the state of Tennessee. The amendment was approved by 81% of Tennessee voters. A second amendment, exempting senior citizens from property tax increases was approved by 83% of voters. The Tennessee Marriage Protection Amendment is a proposed amendment to the Tennessee State Constitution. ...


Future

A constitutional amendment effort currently ongoing involves an attempt to add hunting as another basic constitutional right; this move is opposed even by many advocates of hunting as well as the Tennessee Wildlife Resources Agency, which notes that basic constitutional rights cannot be licensed (no American needs a license to practice freedom of speech, freedom of assembly, or freedom of religion, for example, while licensure is required for activities such as driving a car or piloting an airplane) and that any proposed amendment to the effect of naming hunting as a constitutional right threatens to destroy the entire basis for regulating it, potentially destroying the sport by ending such practices as bag limits, closed seasons, and other measures generally considered to be necessary for successful wildlife management. Now that these objections have arisen, the passage of any such amendment seems far less likely. “Hunter” redirects here. ... Official TWRA Seal; also appears as uniform shoulder badge and vehicle insignia. ...


External links

  • Tennessee Blue Book Online – Modern and graphical interpretation of the Tennessee State Constitution (Adobe Acrobat Reader required)
  • The actual text of the Constitution

  Results from FactBites:
 
TN Encyclopedia: ANDREWS V. STATE (387 words)
State is the single most important case regarding the right to bear arms under the Tennessee State Constitution.
The Attorney General of Tennessee argued before the Court that the right to keep and bear arms was a mere "political right" that existed for the benefit of the state and hence could be regulated at pleasure by the state.
State, sheds light on the proper interpretation of the Second Amendment to the United States Constitution.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m