not be sold to or barred from anyone (Section 29). Separation of powers Legislative branch The lawmaking power of the state is given to its Legislature, named the General Assembly. The upper house is the Senate and the lower house is the House of Representatives (Section 3). The basis for legislative representation is population, as determined by the US Census; however the General Assembly can always use other, non-population factors to apportion one house (the Senate) unless the US Constitution is currently authoritatively interpreted to forbid that, as it currently is under Reynolds v. Sims (Section 4). The lower house is fixed at 99 members, which are to be divided up among counties; if one county has more than one representative (which is guaranteed to happen, as there are 95 counties), the affected counties shall be divided up into districts, causing all representatives to be elected from single-member constituencies. A county may not be split into separate counties to do that (Section 5 and subsection). The upper house is to be set up in the same manner, but its size is variable, up to a third of the size of the lower house, which was fixed at 99 as noted above. In practice, the Tennessee Senate always had 33 members, the maximum allowed (Section 6 and subsection). The first election to the Legislature was to take place on the second Tuesday of November 1870 and then every two years, on the first Tuesday after the first Monday, and all such elections shall take place only on that day (Section 7). Representatives have to be 21 years old, US citizens, state citizens for three years, and county citizens for at least one year before election day (Section 9). Senatorial requirements are different only in that senators must be at least 30 years old. Also, no one from either house may be appointed to any office by the executive or legislative branches unless it is as a "trustee of a literary institution" (Section 10). Both houses may imprison people (whether a member or not) who disrupts their proceedings (Section 14). The legislative provisions include the requirement that no bill may be broader than its caption, and it may have only one subject (Section 17). 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).