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Constitution of Tennessee

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The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee .

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43-573: 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 constitution is located in Tennessee's State Library and Archives . Tennessee held a convention in 1796 to frame their first constitution. The original Tennessee state constitution

86-406: A constitutional convention 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 and recommending its approval by the voters in a special election , which

129-529: A state supreme court , with three judges, with one judge from each grand division of the state. Judges were required to be at least 35 years old and would serve 12-year terms. The constitution was ratified by voters in March 1835, receiving 42,666 votes for it and 17,691 against it. The Tennessee General Assembly , on November 15, 1869, called for an election to be held in December 1869 for two purposes: to determine if

172-573: A handful of states whose library and archives are administered jointly. The state library's original home (after a short stint in the Davidson County courthouse) was in the capitol building, while the archives were formerly housed in the basement of the state's War Memorial Building. Tennessee's General Assembly joined the Department of Archives and History with the State Library in 1919 to create

215-703: A new division of TSLA, the Tennessee Library for the Blind & Physically Handicapped (LBPH) was established. On March 9, 2018, the LBPH changed its name to the Tennessee Library for Accessible Books and Media (LABM). This division's collections consist of public library type books and magazines in audio , braille and large print formats, as well as players for the audio books. The LABM's collections are loaned to Tennesseans who have physical disabilities which prevent them from using standard print. The materials are delivered to

258-406: A part-time body. That was cited as a primary reason for its replacement. 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. In spite of its shortcomings, the original document had its admirers. Thomas Jefferson described Tennessee's as

301-473: A punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state. Section 34. The General Assembly shall make no law recognizing the right of property in man. Tennessee State Library and Archives The Tennessee State Library and Archives (TSLA), established in 1854, currently operates as a unit of the Tennessee Department of State. According to

344-425: A speedy public trial, by an impartial jury of the county in which the crime shall have been committed and shall not be compelled to give evidence against himself. Section 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb. Section 11. That laws made for the punishment of acts committed previous to the existence of such laws, and by them only declared criminal, are contrary to

387-520: Is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases, the military shall be kept in strict subordination to the civil authority. Section 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under

430-428: Is absurd, slavish, and destructive of the good and happiness of mankind. Section 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can of right be compelled to attend, erect, or support any place of worship or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with

473-460: Is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper. Section 2. That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression

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516-401: Is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall have a right to determine

559-515: Is to say: Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of the said mountain, to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along

602-477: The Tennessee Blue Book , was the longest period that any such document had remained in effect without amendment anywhere in the world. Tennessee held limited constitutional conventions in 1953, 1959, 1965, 1971, and 1977. The constitution's preamble 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

645-455: The "least imperfect and most republican of the state constitutions." 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 Carter County , presided over the 1834 convention. Antislavery interests petitioned the convention to abolish slavery , which

688-400: The 110th Tennessee General Assembly approved funding for a new building in 2017. The State of Tennessee officially broke ground for a new Tennessee State Library and Archives building during a ceremony held on December 11, 2017. Designed by Tuck-Hinton Architects, the new building is located next to Bicentennial State Park on the corner of Rep. John Lewis Way and Jefferson Street. The cost of

731-504: 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

774-458: The Blind & Physically Handicapped / Library of Congress . The Tennessee State Library and Archives currently holds nearly 700,000 print volumes, over a million photographic images, thousands of vertical files, microfilm reels, and legislative audiocassettes. Archives and manuscripts collections are housed in nearly 40,000 feet (12,000 m) of storage. The Library for Accessible Books and Media holds approximately 240,000 items. TSLA holds

817-511: The Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime. Section 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law. Section 28. That no citizen of this state be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law. Section 29. That an equal participation in

860-621: The State Library and Archives. In 1953, a new Tennessee State Library and Archives building opened. Designed by H. Clinton Parrent Jr. , the building was across the street from the Tennessee State Capitol in downtown Nashville . Built as a memorial to all veterans of World War II , the Library and Archives building was constructed at a cost of $ 2.3 million. On November 17, 2003, the Tennessee State Library and Archives building

903-579: The Tennessee Blue Book, the Library and Archives "collects and preserves books and records of historical, documentary and reference value, and encourages and promotes library development throughout the state." This mandate can be found in Tennessee Code Annotated, Title 10, Chapters 1-8. Although most states operate their libraries and archives as separate agencies, Tennessee is one of

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946-463: 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

989-500: 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. Section 30. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this state. Section 31. That the limits and boundaries of this state be ascertained, it is declared they are as hereafter mentioned, that

1032-407: The genius of a free state, and shall not be allowed. Section 23. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance. Section 24. That sure and certain defense of a free people

1075-504: 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

1118-476: The individual patron's home address utilizing the U.S. Postal Service's "Free Matter" mailing privilege. Disabilities which make a Tennessee resident eligible to use the service are: blindness ; visual disability ; manual dexterity problems, which prevent holding a book and/or turning pages; and reading disabilities . The Tennessee LABM is a cooperating library with the National Library Service for

1161-407: The judgment of his peers, or the law of the land. Section 9. That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor and in prosecutions by indictment or presentment,

1204-464: The law and the facts, under the direction of the court, as in other criminal cases. Section 20. That no retrospective law, or law impairing the obligations of contracts, shall be made. Section 21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made, therefore. Section 22. That perpetuities and monopolies are contrary to

1247-496: The limits and jurisdiction of this state shall extend to any other land and territory now acquired, or that may hereafter be acquired, by compact or agreement with other states, or otherwise, although such land and territory are not included within the boundaries herein before designated. Section 32. That the erection of safe prisons, the inspection of prisons, and the humane treatment of prisoners, shall be provided for. Section 33. That slavery and involuntary servitude, except as

1290-427: The martial or military law. That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties, or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this state. Section 26. That the citizens of this state have a right to keep and to bear arms for their common defense; but

1333-474: The new building was estimated to be $ 123.8 million. The new 165,000 square foot facility includes a climate-controlled chamber for storing historic books and manuscripts with a space saving robotic retrieval system. A new blast freezer will allow TSLA staff to help save materials damaged by water or insects following floods and other disasters. The new facility also has classrooms for student groups and meeting space for training librarians and archivists. In 1970,

Constitution of Tennessee - Misplaced Pages Continue

1376-459: The new constitution was created under the authority of the constitution of 1835, which was itself created under the authority of the 1796 convention. Article I, is Tennessee's bill of rights . It mimics many of the US Bill of Rights , but the provisions describing them are generally much lengthier. The provisions in this article state: ARTICLE I. Declaration of Rights. Section 1. That all power

1419-635: The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not be granted. Section 8. That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by

1462-709: The principles of a free government; wherefore no ex post facto law shall be made. Section 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person is killed by casualty, there shall be no forfeiture in consequence thereof. Section 13. That no person arrested and confined in jail shall be treated with unnecessary rigor. Section 14. That no person shall be put to answer any criminal charge but by presentment, indictment, or impeachment. Section 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when

1505-689: 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 public safety requires it. Section 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Section 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against

1548-570: 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

1591-441: The right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by court of competent jurisdiction. Section 6. That the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a qualification for jurors. Section 7. That

1634-415: The rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship. Section 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this state, shall ever be required as a qualification to any office or public trust under this state. Section 5. The elections shall be free and equal, and

1677-455: The state in such manner and in such courts as the Legislature may by law direct. Section 18. The Legislature shall pass no law authorizing imprisonment for debt in civil cases. Section 19. That the printing press shall be free to every person to examine the proceedings of the Legislature; or of any branch or officer of the government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions,

1720-529: Was added to the National Register of Historic Places for its educational significance and its neo classical architectural design. After more than fifty years of being located on Capitol Hill, the need for a larger facility to house collections, improve climate control and provide better handicapped access became necessary. In 2005, plans began to be made for the construction of a new Library and Archives building. After many years of planning and budget issues,

1763-477: Was conducted on March 26, 1870. The third document was largely written as a response to the requirement for all ex- Confederates to adopt new constitutions explicitly banning slavery . 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 state constitutions . This 1870 document stood unamended until 1953, which, according to

Constitution of Tennessee - Misplaced Pages Continue

1806-404: Was not submitted to the voters for approval, but it was approved by US Congress , in conjunction with the resolution admitting Tennessee as a state. It went into effect on June 1, 1796, when Tennessee entered the Union. The first constitution was widely criticized as giving the executive, presumably a full-time governor , insufficient authority, and investing too much authority in the legislature

1849-432: 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 disfranchised free black men, who had had the right to vote under the 1796 constitution. That followed fears raised by Nat Turner's Rebellion in 1831. The second constitution provided for

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