Constitution of Tennessee

The constitution adopted increased opportunities for citizens to engage in the political process, but it limited suffrage to white males.

The convention adjourned on February 23, 1870, after adopting the constitution and recommending its approval by the voters in a special election, which was conducted on March 26, 1870.

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.

That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county in which the crime shall have been committed and shall not be compelled to give evidence against himself.

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 public safety requires it.

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.

That the printing press shall be free to every person to examine the proceedings of the Legislature; or of any branch or officer of the government, and no law shall ever be made to restrain the right thereof.

The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

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.

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 subordination to the civil authority.

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.

(d) The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.

The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section.

Article II of the constitution reads that the powers of the government shall be divided into three distinct departments: legislative, executive, and judicial.

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" (unlike in Congress).

The governor is the head of the state militia, but he may not exercise that power unless the General Assembly authorizes him to do so when "the public safety requires it" (Section 5).

The General Assembly may remove judges and state attorneys with a two-thirds supermajority of the constitutionally authorized membership in both houses, with each vote for and against being recorded along with the individual reason for his decision.

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.

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 four provisions have been either subsequently formally removed or otherwise invalidated by Supreme Court of the United States decisions and are no longer enforced.

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).

[8] Article XI, Section 3 of the Tennessee State Constitution gives two methods to amend the document: 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 absolute majority on all readings.

Among the most notable are for the establishment of home rule by counties that chose to adopt a charter so they can function in many ways similar to municipalities.

The 1971 convention, dominated by longtime Tennessee politician Clifford Allen, was limited to the establishment of a new system of property tax assessments.

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 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.

Some have proposed conventions to determine conclusively whether or not the Tennessee Constitution allows a general, broad-based income tax on wages.

A second amendment, authorizing the legislature to enact legislation allowing counties and municipalities to exempt people over 65 from property tax increases, was approved by 83% of voters.

[citation needed] In 2007, the Tennessee House of Representatives unanimously passed a resolution calling for an amendment to establish the right to hunt, fish, and harvest game "subject to reasonable rules and regulations," but the State Senate did not act on the measure during the 2007 legislative session.

[10] The Tennessee Wildlife Resources Agency (TWRA) had raised objections to an earlier version of the measure, which had the backing of the National Rifle Association.

[11][12] 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 second version of the Tennessee State Constitution was adopted in 1835.