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Details of Bill
Tennessee Bill #HJR 108   View text of Bill | Go to Bill Online
Bill Name:House Joint Resolution HJR 108
Type:State Sovereignty
Requested Patriot Action:
Committees:
Sponsors: House Sponsors:











































Bell 615-741-1946
Brooks H 615-741-6879
Brooks K 615-741-1350
Campfield 615-741-2287
Carr 615-741-2180
Casada 615-741-4389
Cobb J 615-741-1450
Coley 615-741-820
Dean 615-741-1934
Dennis 615-741-2190
Dunn 615-741-1721
Eldridge 615-741-7475
Evans 615-741-2860
Faulkner 615-741-3335
Floyd 615-741-2746
Halford 615-741-7478
Harwell 615-741-0709
Harrison 615-741-7480
Hawk 615-741-7482
Haynes 615-741-2264
Hensley 615-741-7476
Hill 615-741-2251
Johnson P 615-741-7477
Lollar 615-741-7084
Lundberg 615-741-7623
Lynn 615-741-7462
Maggart 615-741-3893
Matheny 615-741-7448
McCormick 615-741-2548
McDaniel 615-741-0750
McManus 615-741-1920
Montgomery 615-741-5981
Mumpower 615-741-2050
Niceley 615-741-4419
Ramsey 615-741-3560
Rich 615-741-6890
Sargent 615-741-6808
Shipley 615-741-2886
Swafford 615-741-2343
Todd 615-741-1866
Watson 615-741-7799
Weaver 615-741-2192


Session Schedule: In Session 1/13/09 - 5/27/10 (est.)

Interim Recess 6/19/09 - 1/11/10

In Session 1/12/10 - 5/27/10 (est.)
Similar Bills in other states: 
Date Introduced: 2/18/2009
Enacted:Y
Status:Enacted
Passed House committee:Y
Passed Senate committee:Y
Passed Senate:Y
Passed House:Y
Link to Bill history: Go to Bill history
Bill History: Actions Taken on HJR0108 Action Date

Signed by Governor. 06/23/2009

Transmitted to Governor for his action. 06/12/2009

Signed by S. Speaker 06/12/2009

Enrolled; ready for sig. of H. Speaker. 06/12/2009

Signed by H. Speaker 06/12/2009
Concurred, Ayes 31, Nays 0 06/12/2009

Placed on Sen. Consent Calendar (4) cal. for 06/12/2009 06/11/2009

Placed on Sen. Consent Calendar (4) cal. for 06/11/2009 06/11/2009

Rec. for concur by S. FW&M Comm ref to: S. Cal. Comm. 06/09/2009

Placed on S. FW&M Comm. cal. for 06/09/2009 06/04/2009

Rcvd. from H., ref. to S. F,W&M Comm. 05/28/2009

Engrossed; ready for transmission to Sen. 05/26/2009

Adopted as am., Ayes 85, Nays 2, PNV 3 05/26/2009

H. adopted am.(Amendment 1 of 0 - HA0536) 05/26/2009

H. Placed on Regular Calendar for 5/26/09 05/21/2009

Reset on regular cal. for 5/26/09 05/21/2009
Placed on Regular Calendar for 5/21/2009 05/19/2009

Placed on cal. Calendar & Rules Committee for 05/19/2009 05/13/2009

Rec. for Pass. if Am. ref. to: Calendar & Rules Committee 05/13/2009

Placed on cal. Judiciary Committee for 05/13/2009 05/06/2009

Rec. for pass. if am. by s/c ref. to Judiciary Committee 05/05/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 05/05/2009 04/29/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 5/5/2009 04/28/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 04/28/2009 04/22/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 4/28/2009 04/21/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 04/21/2009 04/15/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 4/21/2009 04/15/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 4/15/2009 04/14/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 04/14/2009 04/08/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 4/14/2009 04/07/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 04/07/2009 04/01/2009

Action Def. in s/c Civil Practice and Procedure of JUD to 4/7/2009 03/31/2009

Placed on s/c cal Civil Practice and Procedure of JUD for 03/31/2009 03/25/2009

Assigned to s/c Civil Practice and Procedure of JUD 03/17/2009

Intro., ref. to Judiciary 02/19/2009

Filed for intro. 02/18/2009


House votes: The House passed the resolution on 05/26 by a vote of 85-2 and the Senate passed it on 06/12 by a vote of 31-0.

Senate votes: The House passed the resolution on 05/26 by a vote of 85-2 and the Senate passed it on 06/12 by a vote of 31-0.

Federal reply:
State constitution: TENNESSEE STATE CONSTITUTION

ARTICLE I

DECLARATION OF RIGHTS

Sec. 1. That all power is inherent in the people, and all free gov-
ernments 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 inde-
feasible right to alter, reform, or abolish the government
in such manner as they may think proper.

Sec. 2. That government bring [probably should read "being"] insti-
tuted for the common benefit, the doctrine of non-resistance
against arbitrary power and oppression is absurd, slavish,
and destructive of the good and happiness of mankind.

Sec. 3. That all men have a natural and indefeasible right to wor-
ship 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 the rights
of conscience; and that no preference shall ever be given,
by law to any religious establishment or mode of worship.

Sec. 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.


Sec. 5. That elections shall be free and equal, and the right of
suffrage, as hereinafter declared, shall never be denied to
any person entitled thereto, except upon a conviction by a
jury of some infamous crime, previously ascertained and
declared by law, and judgement thereon by court of competent
jurisdiction.

Sec. 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.

Sec. 7. That the people shall be secure in their persons, houses,
papers and possessions from unreasonable searches and
seizures; and that general warrants, whereby an officer may
be commanded to search suspected places, without evidence of
the act committed, to seize any person or persons not named,
whose offenses are not particularly described and supported
by evidence, are dangerous to liberty and ought not to be
granted.

Sec. 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 the judgement of his peers or
the law of the land.

Sec. 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 of presentment, a speedy pub-
lic 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.

Sec. 10. That no person shall, for the same offense, be twice put in
jeopardy of life or limb.

Sec. 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 the principles of a free Govern-
ment, wherefore no Ex post facto law shall be made.

Sec. 12. That no conviction shall work corruption of blood or for-
feiture of estate. The estate of such persons as shall
destroy their own lives shall descend of [probably should
read "or"] vest as in case of natural death. If any person
be killed by casualty, there shall be no forfeiture in
consequence thereof.

Sec. 13. That no person arrested and confined in jail shall be
treated with unnecessary rigor.

Sec. 14. That no person shall be put to answer any criminal charge
but by presentment, indictment or impeachment.

Sec. 15. That all prisoners shall be bailable by sufficient sureties,
unless for capital offenses, when the proof is evident, or
the presumption 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
the public safety requires it.

Sec. 16. That excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishment inflicted.

Sec. 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 the State in such manner and in such courts
as the legislature may by law direct.

Sec. 18. The legislature shall pass no law authorizing imprisonment
for debt in civil cases.

Sec. 19. That the printing presses 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 liber-
ty. But in prosecutions for the publication of papers inves-
tigating the official conduct of officers, or men in public
capacity, the truth thereof may be given in evidence; and in
all indictments for libel, the jury shall have a right to
determine the law and the facts, under the direction of the
court, as in other criminal cases.

Sec. 20. That no retrospective law, or law impairing the obligation
of contracts, shall be made.

Sec. 21. That no man's particular services shall be demanded, or
property taken, or applied to public use, without the con-
sent of his representatives, or without just compensation
being made therefor.

Sec. 22. That perpetuities and monopolies are contrary to the genius
of a free State, and shall not be altered.

Sec. 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
purposes, by address or remonstrance.

Sec. 24. That the 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.


Sec. 25. That no citizen of this state, except such as are employed
in the army of the United States, or militia in actual ser-
vices, shall be subjected to punishment under the martial or
military law. That martial law, in the sense of the unre-
stricted power of military officers, or others, to dispose
of the person, 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.

Sec. 26. That the citizens of this State have a right to keep and to
bear arms for the common defense; but the legislature shall
have power, by law, to regulate the wearing of arms with a
view to prevent crime.

Sec. 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.

Sec. 28. That no citizen of this State shall be compelled to bear
arms, provided he will pay an equivalent, to be ascertained
by law.

Sec. 29. That an equal participation in the free navigation of the
Mississippi, is one of the inherent rights of the citizen of
this State; it cannot, therefore, be conceded to any prince,
potentate, power, person or persons whatever.

Sec. 30 That no hereditary emoluments, privileges, or honors, shall
ever be granted or conferred in this State.

Sec. 31. [Deals with the boundaries of the State.]

Sec. 32. That the erection of safe and comfortable prisons, the in-
spection of prisons, and the humane treatment of prisoners,
shall be provided for.

Sec. 33. That slavery and involuntary servitude, except as punishment
for crime, whereof the party shall have been duly convicted,
are forever prohibited in this State.

Sec. 34. The General Assembly shall make no law recognizing the right
of property in man.




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