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ARTICLE I Name Section 1. The name of this
organization shall be the Tennessee Intercollegiate State Legislature, referred
to hereinafter as the TISL. ARTICLE II Purpose Section 1. The purpose of this
organization shall be to: a. Promote interest in both state and federal government. b. Strive for a more perfect knowledge and experience of judicial and legislative processes. c. Provide leadership training in an environment that permits the expression and examination of a wide range of ideas. d. Promote cooperation in solving problems of general interest to the Tennessee Intercollegiate State Legislature. ARTICLE III Membership Section 1. Every accredited
institution of higher education in Tennessee may participate in TISL and may
appoint its own delegation in a manner prescribed and administered by that
institution. Section 2. Every delegate will be
enrolled and in good standing at a participating institution. ARTICLE IV General Organization Section 1. The departments of TISL
shall be the Executive, Judicial, and Legislative Departments. ARTICLE V Officers Section 1. Delegates at large, as
defined by law, shall elect a Governor. The Governor shall: a. Serve as the Chief Executive Officer of the TISL. b. Give to the General Assembly and Executive Council information on the state of the TISL. c. Appoint such officers as he/she deems necessary, and remove them at will. d. Call and preside over meetings of the Executive Council. e. Perform such other duties as shall be enjoined by law. f. Inform all Tennessee institutions of higher education about events and policies relating to the TISL. g. Execute all powers and duties in this Constitution and in the laws of the TISL. h. Be responsible for administrative matters not expressly delegated to the Legislative or Judicial departments. (The franchise for Governor
was expanded to “delegates at large” by the 41st General Assembly, November 2010.) Section 2. The General Assembly
shall, in joint session, elect a Secretary of State. The Secretary of State
shall: a. Keep a record of all official acts and proceedings of the General Assembly and the Executive Council. b. Appoint such officers as he/she deems necessary for the functioning of his/her office, and remove them at will. c. Perform such other duties as shall be enjoined by law. Section 3. Each house shall elect
a Speaker. The Speaker shall: a. Appoint such officers, as he/she deems necessary to provide for the proper functioning of the house, and remove them at will. b. Preside over sessions of his/her respective house, and assume all responsibility and authority normally delegated to one of his/her position. c. Perform such other duties as shall be enjoined by law. Section 4. Each house shall elect
a Speaker Pro Tempore. The Speaker Pro Tempore shall: a. Succeed to the position of Speaker if a vacancy should occur in that office. b. Preside in the absence of the Speaker. c. Perform such other duties as shall be enjoined by law. Section 5. The General Assembly,
in joint session, shall elect a State Treasurer. The State Treasurer shall: e. Serve as the Chief Financial Officer of the TISL. f. Comply with and enforce the Financial Procedures Act. g. Perform such other duties as shall be enjoined by law. h. Appoint such officers as he/she deems necessary, and remove them at will. (The
39th General Assembly, November 2008, amended Section 5 to make the State Treasurer
an elected position.) Section 6. An
Attorney General shall be appointed by the Judges of the Supreme Court at their session
coinciding with the General Assembly. The Attorney General shall: a. Take all necessary steps to ensure compliance with the provisions of the Charter of the TISL Foundation, this Constitution, the Financial Procedures Act, and any other Act of the TISL General Assembly, or any other relevant governing or legal instrument. b. Likewise be guilty of committing the violation if he/she shall have knowledge of a violation of any of the aforementioned legal documents and shall fail to take action or prevent or punish that violation. c. Be responsible for overseeing any and all elections by the General Assembly. d. Perform such other duties as shall be enjoined by law. e. Prepare written opinions on constitutional or legal issues when requested by two members of the Executive Council. f. Represent TISL before the Tennessee Intercollegiate Supreme Court. g. Appoint such officers as he/she deems necessary, and remove them at will. Section 7. A majority of all votes
cast shall be necessary for election or confirmation. The General Assembly
shall adopt an Election Procedures Act. Section 8. Neither
the Governor, the Secretary of State, Attorney General, nor the Speaker of
either house
shall serve as a voting delegate from any institution during his/her term of office.
All other officers may serve as voting members. No officer shall vote except as
a member of his/her delegation or when rules of procedure require or allow. Section 9. In case of a vacancy in
the office of Governor, the authority and responsibility of the office shall devolve
on the Speaker of the Senate, and in the case of a simultaneous vacancy in the
office of Speaker of the Senate, the authority and responsibility of the Governor
shall devolve on the Speaker of the House of Representatives. Any vacancies not
otherwise provided for shall be filled by the Executive Council, if the General
Assembly is not in session. Section 10. The term of office
extends from adjournment of the General Assembly at which the officer is
elected until adjournment of the next General Assembly. Section 11. No officer shall serve
two (2) consecutive terms of office in the same office. No officer who has
served more than six (6) months of a term of office to which some other person
was elected shall serve a consecutive term in the same office. Section 12. Any officer may be removed
with the consent of three-fourths (3/4) of the body which elected or confirmed
him/her. Removal shall be considered only upon presentment of a petition signed
by one-fourth (1/4) of the body. An officer may be removed for any reason which the body feels is serious enough to warrant removal.
Any officer removed from office shall be permanently barred from holding office
in the TISL. Section 13. Every officer must be a
student at a participating institution at the time of his/her election, and
must remain enrolled for all academic terms, except interim or summer. Any
officer who is not so enrolled shall be automatically removed. ARTICLE VI Executive Department Section 1. All executive powers
granted herein shall be vested in the Executive Council, hereafter referred to
as the EC, which shall consist of the Governor, as chairperson,
Speakers of the Senate and House of Representatives, the Speakers Pro-Tempore
of the Senate and House of Representatives, Secretary of State, Attorney
General, Chief Justice and the State Treasurer, all of whom shall be selected
in accordance with Article V of this Constitution. Section 2. The EC shall: a. Call special sessions of the General Assembly by three-fourths (3/4) majority. Such call shall be issued at least two (2) months before the special session is to convene. b. Set the date for the regular sessions of the General Assembly, at least six months in advance. c. Review, repeal or amend at will the decisions of all officers except those areas of authority reserved to the officer by this Constitution, by legislation of the General Assembly, or by the courts. d. Establish reasonable institutional and delegate fees for participating institutions and delegates, which fees should not be barriers to participation. e. Take actions and make policies and regulations, when the General Assembly is not in session, to perpetuate the continued existence of TISL. f. Establish rules and procedures for the General Assembly, which shall be subject to review, repeal or amendment by the General Assembly. g. Oversee compliance by the Governor and State Treasurer with the Financial Procedures Act. h. Call special sessions of the Executive Council with the consent of the majority of the Council. i. Perform such other duties as shall be enjoined by law. Section 3. Any decision or policy
of the EC is subject to review, repeal or amendment by the General Assembly. Section 4. The Executive Council,
by a two-thirds majority, may remove one of its members for regularly failing
to participate in official TISL meetings and events, for corruption or for
failing to perform the duties of his/her office. The officer in question will
be notified at least ten (10) days before such a vote and invited to respond.
No removal under this provision shall occur in the final twenty (20) days of an
officer’s regular term of office. (As
amended by the 38th General Assembly, November 2007.) ARTICLE VII Legislative Department Section 1. The legislative
authority of the TISL shall be vested in a General Assembly, which shall
consist of a Senate and House of Representatives. There shall be one General
Assembly in each academic year; there may be more than one session of each
General Assembly. Section 2. The number of Representatives
shall be 99 (ninety-nine) and shall be apportioned among institutions proportional
to enrollment in a manner to be established by the General Assembly. Any law
affecting the apportionment of the House of Representatives shall take effect
after the adjournment of the General Assembly at which it is adopted. The
minimum number of seats for each institution shall be two unless the number of
participating institutions exceeds 25 (twenty-five), in which case the minimum
shall be one. The maximum shall be nine. House
seats unclaimed at the close of business on the first day of the General
Assembly shall be reallocated, proportional to enrollment, among participating
institutions with extra delegates present and eligible to serve in the House. Each
institution shall receive only one unclaimed seat. Unclaimed seats shall be
delegated according to representation ratio, in descending order, beginning
with the institution with the highest ratio. (As amended by the 41st General Assembly, November 2010.) Section 3. The number of Senators
shall be equal to the number of participating institutions. All participating
institutions shall have one seat in the Senate. Section 4. Each institution's delegates
must be enrolled students at that institution. The Senate and House of Representatives
shall be judges of the qualifications of their own members. Section 5. Not less than a
majority of all the members to which each house shall be entitled shall
constitute a quorum to do business. Section 6. Any bill may be
amended, altered or rejected by either house. Section 7. No bill shall become
law until it has been passed in identical form in each house by a majority of
the members present and voting. ARTICLE VIII Judicial Department Section 1. The judicial power of
TISL shall be vested in the Tennessee Intercollegiate Supreme Court. Section 2. The Supreme Court
shall consist of five judges. When they are appointed, no two shall be enrolled
at the same institution, and each grand division shall be represented by at
least one justice enrolled at an institution in that grand division. The judges
shall designate one of their own number who shall
preside as chief justice. The concurrence of three of the judges shall in every
case be necessary to a decision. Section 3. Judges of the Supreme
Court shall be appointed by the Governor from the nominees of a commission to
be established by the General Assembly. Section 4. The term of office
shall begin on upon the adjournment of the General Assembly and be for one year
or until the judge is no longer qualified under this Constitution, whichever
occurs first. A judge may serve three terms. Every judge shall be enrolled for
fall and spring semesters at a Tennessee college or university, and none shall
be enrolled in a college of Law. During the term for which he/she was
appointed, a judge shall not seek another position or serve in any other
capacity within TISL.
(As amended by the 41st General Assembly, November 2010.) Section 5. The Supreme Court
shall have original and sole jurisdiction in cases arising from the TISL
Constitution and the laws of TISL and such additional jurisdiction as may be enacted
by the General Assembly. Section 6. Said court shall be
held at Nashville concurrently with the regular session of the General Assembly
and at such other times and places as may be provided by law. Section 7. The Court, by majority
vote, shall appoint officers and adopt rules of procedure consistent with the
general laws of TISL Section 8. Judges and the
Attorney General may be removed from office by a concurrent vote of both houses
of the General Assembly, each house voting separately; but two-thirds of the members
to which each house may be entitled must concur in
such vote. The judge against whom the Legislature may be about to proceed shall
receive notice thereof accompanied with a copy of the causes alleged for
his/her removal, at least ten days before the time at which either house of the
General Assembly shall act thereupon. Section 9. If a vacancy occurs
before the expiration of a judge’s term, the Executive Council, without the
participation of the Attorney General or the Chief Justice, shall elect a
qualified judge to serve the remainder of the term. (Article
VIII was rewritten by the 38th General Assembly, November 2007) ARTICLE IX Miscellaneous Provisions Section 1. The Tennessee Intercollegiate
State Legislature and its General Assembly are an unincorporated function and
division of the Tennessee Intercollegiate State Legislature Foundation, a
Tennessee non-profit organization. (As
amended by the 37th General Assembly, November 2006) Section 3. The General Assembly
shall adopt a Financial Procedures Act, which shall govern all financial
matters. A violation of this Act shall be grounds for removal of any officer. Section 4. All actions, agreements
or debts entered into by the TISL under previous Constitutions or other organizational
documents shall continue to be valid as if adopted under this Constitution. Section 5. Any
action, written document or other procedure that is in conflict with this
Constitution or the Charter of the Tennessee Intercollegiate State Legislature
Foundation shall be rendered invalid by this section. Section 6. The General Assembly
shall have the powers to create a standing set of by-laws, which can be amended
as deemed necessary. A simple majority of both houses of the General Assembly
shall be necessary for passage and amendment of the by-laws. While the General
Assembly is not in session, the EC shall be allowed to amend the by-laws by a
two thirds (2/3) majority. Section 7. Any law affecting
eligibility to vote in TISL elections or referendums shall take effect after
the General Assembly at which it is adopted. (Adopted by the 41st General Assembly,
November 2010.) ARTICLE X Amendment Section 1. Amendments to this
Constitution must be approved in a regular session by two-thirds (2/3) of the
members to which each House is entitled. The Tennessee
Intercollegiate State Legislature Foundation is a 501(c)(3) educational
corporation chartered by the State of Tennessee. |
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