State constitution
Constitution of Tennessee
Data from TN Secretary of State
Full article/section structure with condensed section text. Section headings are editorial (the 1870 text prints none). Article I §35 collects the victims'-rights subsections (35a-35h). Article II combines distribution-of-powers and legislative provisions as printed. The closing Schedule is transitional and largely spent. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 Power inherent in the people
All power is inherent in the people, who have an indefeasible right to alter, reform, or abolish the government.
§ 2 Nonresistance to arbitrary power
The doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of good government.
§ 3 Freedom of worship
All persons have a natural right to worship God according to conscience; no preference shall be given to any religious establishment.
§ 4 No religious or political test for office
No political or religious test other than an oath to support the constitutions shall be required for office.
§ 5 Elections free and equal; suffrage
Elections shall be free and equal, and the right of suffrage shall not be denied except upon conviction of an infamous crime.
§ 6 Trial by jury
The right of trial by jury shall remain inviolate, and no religious or political test shall be required of jurors.
§ 7 Searches and seizures
The people are secure against unreasonable searches and seizures; general warrants are dangerous to liberty and shall not be granted.
§ 8 Law of the land
No person shall be deprived of life, liberty, or property but by the judgment of his peers or the law of the land.
§ 9 Rights of the accused
In criminal prosecutions the accused has the right to counsel, notice, confrontation, compulsory process, and a speedy public jury trial.
§ 10 Double jeopardy
No person shall for the same offense be twice put in jeopardy of life or limb.
§ 11 Ex post facto laws
Laws punishing acts committed before their enactment (ex post facto laws) shall not be made.
§ 12 No corruption of blood or forfeiture
No conviction shall work corruption of blood or forfeiture of estate; suicides and casualties cause no forfeiture.
§ 13 No unnecessary rigor in confinement
No person confined in jail shall be treated with unnecessary rigor.
§ 14 Presentment or indictment required
No person shall be held to answer a criminal charge except by presentment, indictment, or impeachment.
§ 15 Bail; habeas corpus
All prisoners are bailable except for capital offenses with evident proof; the writ of habeas corpus may be suspended only in rebellion or invasion.
§ 16 Bail, fines, and punishments
Excessive bail and fines and cruel and unusual punishments are prohibited.
§ 17 Open courts; suits against the state
All courts shall be open with remedy for every injury; suits against the state are permitted as the Legislature directs.
§ 18 No imprisonment for debt
The Legislature shall pass no law authorizing imprisonment for debt in civil cases.
§ 19 Freedom of speech and press
The press shall be free and every citizen may freely speak, write, and print, being responsible for abuse; truth is a defense to libel.
§ 20 No retrospective laws
No retrospective law or law impairing the obligation of contracts shall be made.
§ 21 Taking of property or services
No person's services or property shall be taken for public use without consent or just compensation.
§ 22 Perpetuities and monopolies
Perpetuities and monopolies are contrary to a free state and shall not be allowed.
§ 23 Right of assembly and petition
The citizens have a right to assemble, instruct their representatives, and petition for redress of grievances.
§ 24 Militia; military subordinate to civil power
A well-regulated militia is the defense of a free people; standing armies are dangerous and the military is subordinate to civil authority.
§ 25 Martial law
No citizen except those in service shall be subject to martial law, which is inconsistent with free government.
§ 26 Right to keep and bear arms
The citizens have a right to keep and bear arms for the common defense, subject to legislative regulation of the wearing of arms to prevent crime.
§ 27 Quartering of soldiers
No soldier shall be quartered in a house in peacetime without consent, nor in war except as prescribed by law.
§ 28 Bearing arms; equivalent
No citizen shall be compelled to bear arms if he pays an equivalent, as ascertained by law.
§ 29 Navigation of the Mississippi
Equal participation in the free navigation of the Mississippi is an inherent right of the citizens.
§ 30 No hereditary honors
No hereditary emoluments, privileges, or honors shall be granted in this state.
§ 31 Boundaries of the state
Declares the limits and boundaries of the state.
§ 32 Prisons and treatment of prisoners
Safe prisons, the inspection of prisons, and the humane treatment of prisoners shall be provided for.
§ 33 Slavery prohibited
Slavery and involuntary servitude, except as punishment for crime after conviction, are forever prohibited.
§ 34 No property in man
The General Assembly shall make no law recognizing the right of property in man.
§ 35 Rights of crime victims
Victims of crime are entitled to confer with the prosecution, freedom from intimidation, presence and to be heard at proceedings, notice, a speedy conclusion, restitution, and to be informed of these rights (subsections 35a-35h).
Article II Distribution of Powers; Legislative Department
§ 1 Three departments of government
The powers of government are divided into three distinct departments: legislative, executive, and judicial.
§ 2 Separation of powers
No person belonging to one department shall exercise powers belonging to another except as permitted.
§ 3 Legislative authority; terms
Legislative authority is vested in a General Assembly of a Senate and House; representatives serve two years and senators four.
§ 4 Apportionment by population
Senators and representatives are apportioned substantially according to population after each decennial census.
§ 5 Number of representatives
The House consists of ninety-nine representatives apportioned among the counties or districts.
§ 5a Representative to be a district voter
Each district shall be represented by a qualified voter of that district.
§ 6 Number of senators
Senators are apportioned by population and shall not exceed one-third the number of representatives.
§ 6a Senator to be a district voter
Each district shall be represented by a qualified voter of that district.
§ 7 Time of elections
Elections for members of the General Assembly are held every two years in November.
§ 8 Legislative sessions; inauguration
The General Assembly meets in organizational session in January, when the governor is inaugurated, and may be convened at other times.
§ 9 Qualifications of representatives
A representative must be a United States citizen, at least 21, a state citizen three years, and a county resident one year.
§ 10 Qualifications of senators; ineligibility
A senator must be at least 30 with the required residence; members may not hold certain appointive offices during their term.
§ 11 Officers; judge of elections; quorum
Each house chooses its officers, judges its members' elections, and needs two-thirds of its members for a quorum.
§ 12 Rules; discipline; expulsion
Each house determines its rules, punishes members, and by two-thirds may expel a member, but not twice for the same offense.
§ 13 Privilege from arrest; freedom of debate
Members are privileged from arrest, except for serious crimes, and not questioned elsewhere for speech in debate.
§ 14 Punishment of non-members
Each house may punish, by imprisonment during its session, persons not members for contempt.
§ 15 Vacancies
Vacancies in either house are filled by writs of election or by the county legislative body as provided.
§ 16 Adjournment
Neither house shall adjourn during session without the other's consent.
§ 17 Origin and amendment of bills; one subject
Bills may originate in either house and be amended; every bill shall embrace one subject expressed in its title.
§ 18 Passage of bills; three considerations
A bill becomes law after being considered and passed on three different days in each house and signed by the presiding officers.
§ 19 Rejected bills
After a bill is rejected, no bill containing the same substance shall be passed in the same session.
§ 20 Style of laws
The style of the laws is: Be it enacted by the General Assembly of the State of Tennessee.
§ 21 Journal
Each house keeps and publishes a journal of its proceedings and records votes on demand.
§ 22 Open doors
The doors of each house and of committees of the whole shall be open, subject to exceptions.
§ 23 Compensation of members
Members receive an annual compensation and allowances as provided.
§ 24 Appropriations; expenditure of public money
No public money shall be expended except pursuant to appropriations made by law; expenditures shall not exceed revenues.
§ 25 Defaulting collectors ineligible
A collector or holder of public money in default is ineligible to office until accounting.
§ 26 Judges and officers ineligible to Assembly
Judges, the secretary of state, the attorney general, and certain officers may not sit in the General Assembly.
§ 27 Member may protest and dissent
Any member may protest and enter his dissent on the journal.
§ 28 Taxation of property
All property is subject to taxation, with enumerated exemptions and classifications for real, personal, and mixed property.
§ 29 County and municipal taxes
The General Assembly may authorize counties and towns to impose taxes for county and corporation purposes.
§ 30 No tax on state produce shipped out
No article manufactured of the produce of the state shall be taxed otherwise than for inspection.
§ 31 Credit of state not loaned
The credit of the state shall not be loaned or given to any person, company, or corporation.
§ 32 Federal constitutional amendments
No convention or General Assembly shall act on a proposed federal constitutional amendment unless elected after the proposal.
§ 33 No state bonds to defaulting railroads
No state bonds shall be issued to any railroad company in default to the state.
Article III Executive Department
§ 1 Executive power in the governor
The supreme executive power of the state is vested in a governor.
§ 2 Election of governor
The governor is chosen by the electors of the members of the General Assembly.
§ 3 Qualifications of governor
The governor must be at least 30, a United States citizen, and a citizen of the state as provided.
§ 4 Term of governor
The governor is elected for four years and until a successor is elected, limited in consecutive terms.
§ 5 Commander-in-chief
The governor is commander-in-chief of the army, navy, and militia of the state except when called into federal service.
§ 6 Reprieves and pardons
The governor may grant reprieves and pardons after conviction, except in impeachment cases.
§ 7 Compensation of governor
The governor receives a compensation not increased or diminished during the term.
§ 8 Information from officers
The governor may require information in writing from executive officers.
§ 9 Convening the General Assembly
The governor may convene the General Assembly on extraordinary occasions.
§ 10 Faithful execution of laws
The governor shall take care that the laws be faithfully executed.
§ 11 Messages to the Assembly
The governor gives the General Assembly information and recommends measures.
§ 12 Succession
On the governor's removal, death, or disability, the speaker of the Senate exercises the office.
§ 13 Ineligibility of federal officeholders
No member of Congress or federal officeholder shall be eligible to the office of governor.
§ 14 Appointments not otherwise provided
Officers whose appointment is not otherwise provided are appointed as the Assembly directs.
§ 15 Great seal
There shall be a seal of the state, kept by the governor and used officially.
§ 16 Grants and commissions
All grants and commissions issue in the name and by the authority of the state.
§ 17 Secretary of state
A secretary of state is appointed by joint vote of the General Assembly for four years.
§ 18 Veto power
Every bill passing both houses is presented to the governor, who may sign or veto it, subject to override by majority of all members.
Article IV Elections
§ 1 Qualified voters
Every citizen 18 or older meeting residence and registration requirements is entitled to vote.
§ 2 Exclusions from suffrage
Laws may exclude from suffrage persons convicted of infamous crimes.
§ 3 Electors privileged from arrest
Electors are privileged from arrest, except for serious crimes, while attending and traveling to and from elections.
§ 4 Elections by the General Assembly
In elections made by the General Assembly, members vote viva voce and the vote is entered on the journal.
Article V Impeachments
§ 1 Power of impeachment
The House of Representatives has the sole power of impeachment.
§ 2 Trial of impeachments
The Senate tries all impeachments; conviction requires two-thirds of the senators sworn.
§ 3 Managers of impeachment
The House elects three of its members to prosecute impeachments before the Senate.
§ 4 Officers subject to impeachment
The governor, judges, and other civil officers are liable to impeachment for crimes in office.
§ 5 Removal of other officers
Justices of the peace and other civil officers not otherwise provided are removed as the Legislature directs.
Article VI Judicial Department
§ 1 Judicial power
The judicial power is vested in one Supreme Court and such inferior courts as the Legislature establishes.
§ 2 Supreme Court
The Supreme Court consists of five judges, of whom not more than two reside in any one grand division.
§ 3 Election of Supreme Court judges
The judges of the Supreme Court are elected by the qualified voters of the state for eight-year terms.
§ 4 Election of inferior court judges
Judges of the circuit, chancery, and other inferior courts are elected by the qualified voters of the district.
§ 5 Attorney general and reporter
An attorney general and reporter is appointed by the Supreme Court for an eight-year term; district attorneys are elected.
§ 6 Removal of judges and attorneys
Judges and attorneys for the state may be removed by a two-thirds vote of each house.
§ 7 Compensation of judges
Judges receive a compensation not increased or diminished during their term.
§ 8 Jurisdiction of inferior courts
The jurisdiction of the circuit, chancery, and other inferior courts is fixed by law.
§ 9 Judges not to charge juries on fact
Judges shall not charge juries on matters of fact but may state the testimony and declare the law.
§ 10 Judges of inferior courts; terms
Judges or justices of inferior courts hold office for the terms fixed by law.
§ 11 Disqualification of judges
No judge shall preside where he is interested or related to a party, or has been of counsel; special judges may be appointed.
§ 12 Process in the name of the state
All writs and process run in the name of the State of Tennessee.
§ 13 Clerks of court
Supreme Court judges appoint their clerks; clerks of inferior courts are elected as provided.
§ 14 Limit on fines by non-jury
No fine exceeding fifty dollars shall be laid on a citizen except by a jury.
Article VII State and County Officers
§ 1 County officers
The qualified voters of each county elect county officers (such as sheriff, trustee, and register) for four-year terms.
§ 2 Vacancies in county offices
Vacancies in county offices are filled by the county legislative body until a successor is elected.
§ 3 Treasurer and comptroller
There shall be a treasurer or treasurers and a comptroller of the treasury, appointed by the General Assembly.
§ 4 Election of officers; vacancies
The election of officers and the filling of vacancies not otherwise provided are regulated by law.
§ 5 Time of elections for civil officers
Elections for judicial and other civil officers are held as provided by law.
Article VIII Militia
§ 1 Election of militia officers
Militia officers are elected by the persons subject to military duty, as provided.
§ 2 Adjutant general
The governor appoints the adjutant general and his other staff officers.
§ 3 Exemptions from military duty
The Legislature shall exempt from military duty citizens with conscientious scruples against bearing arms.
Article IX Disqualifications
§ 1 Ministers of the Gospel
Ministers of the Gospel are disqualified from the Legislature (a provision unenforceable under federal law).
§ 2 Persons denying God
No person who denies the being of God or a future state of rewards and punishments shall hold office (unenforceable under federal law).
§ 3 Duelists
Any person who fights a duel or aids in one is disqualified from office.
Article X Oaths; Bribery of Electors; New Counties
§ 1 Oath of office
Every officer shall take an oath to support the constitutions and to perform his duties faithfully.
§ 2 Legislators' oath
Each member of the General Assembly takes an oath against bribery and corruption in obtaining office.
§ 3 Bribery of electors
Any elector who receives a gift or reward for his vote is disqualified from office and suffrage.
§ 4 New counties
New counties may be established subject to minimum population, area, and distance-from-county-seat requirements.
§ 5 Voting of citizens in new counties
Citizens included in a new county vote with the old county until the new county is organized.
Article XI Miscellaneous Provisions
§ 1 Existing laws continued
All laws and ordinances in force and not inconsistent with the Constitution continue until altered or repealed.
§ 2 Validity of existing rights
Nothing in the Constitution impairs the validity of existing rights, contracts, or obligations.
§ 3 Amendments to the Constitution
Amendments may be proposed in the General Assembly, agreed to by two successive sessions, and ratified by the voters; a convention may also be called.
§ 4 No legislative divorces
The Legislature shall grant no divorces but may authorize the courts to do so.
§ 5 No lotteries; exceptions
The Legislature shall authorize no lotteries, with exceptions for a state lottery and certain charitable gaming approved by the voters.
§ 6 No changing names or legitimating persons
The Legislature shall not change names or legitimate persons but may vest that power in the courts.
§ 7 Regulation of interest
The General Assembly shall define and regulate interest and set maximum effective rates.
§ 8 General laws; no suspension of law
The Legislature shall pass no law suspending a general law for the benefit of a particular individual, nor grant special privileges.
§ 9 Powers of counties and municipalities; home rule
The Legislature may vest home-rule and local-government powers in counties and incorporated towns, with charter and consolidation procedures.
§ 10 Internal improvement
A well-regulated system of internal improvement is to be encouraged by the General Assembly.
§ 11 Homestead exemption
There shall be a homestead exemption from execution in an amount fixed by law.
§ 12 Education
The state recognizes the inherent value of education, and the General Assembly shall provide for a system of free public schools.
§ 13 Protection of game and fish
The General Assembly may enact laws for the protection and preservation of game and fish.
§ 14 Repealed
Repealed.
§ 16 Declaration of Rights excepted
The Declaration of Rights is a part of the Constitution and shall never be violated; all contrary laws are void.
§ 17 County offices filled by election
No county office created by the Legislature shall be filled otherwise than by the people or the county legislative body.
§ 18 Marriage
Marriage is recognized as the legal union of one man and one woman (superseded by federal law).
Article Sch. Schedule (transitional)
§ 1 Continuity on change of Constitution
Transitional provision ensuring no inconvenience arises from the change of Constitution, continuing officers and matters. Largely spent.
§ 2 First election of judges
Transitional provision for the first election of judges under the Constitution. Spent.
§ 3 Oaths of officers
Required existing judges and executive officers to take the new oath. Spent.
§ 4 Continuity of prior period
Confirmed the validity of acts during the interim period around adoption. Spent.
Full, verbatim text at TN Secretary of State