Tennessee Constitution

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Tennessee Constitution
Seal of Tennessee.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXISchedule


The Tennessee Constitution is state constitution of Tennessee.

  • The current Tennessee Constitution was adopted in 1870.
  • Tennessee has had three state constitutions.
  • The current state constitution has 11 articles.
  • The current Tennessee Constitution has been amended 11 times since 2006.
  • Voters last approved four amendments to the Tennessee Constitution on November 8, 2022.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Tennessee's current constitution was written after the Civil War in 1870. The original state constitution came into effect on June 1, 1796 concurrent with the state's admission to the Union. Tennessee's current constitution is its third constitution. Previous constitutions were written in 1796 and 1834. Unlike the latter two, the original was never submitted to the voters but rather approved by Congress in conjunction with the resolution admitting Tennessee as a state.[1]

In 1796, a constitutional convention met in Knoxville, Tennessee to start constructing a constitution for the 16th state. Congress required a constitution before it would grant statehood. The state constitution was based on the United States Constitution.[1]

Preamble

See also: Preamble, Tennessee Constitution and Preambles to state constitutions

The Tennessee Constitution's preamble is longer than its counterpart in the United States Constitution. Much of that length is devoted to justifying the authority behind the new constitution — that the new constitution was created under the authority of the constitution of 1835 and was itself created under the authority of the original 1796 convention.

The preamble to the Tennessee Constitution states:

Whereas, The people of the territory of the United States south of the river Ohio, having the right of admission into the general government as a member state thereof, consistent with the Constitution of the United States, and the act of cession of the state of North Carolina, recognizing the ordinance for the government of the territory—of the United States north west of the Ohio River, by their delegates and representatives in convention assembled, did on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety six, ordain and establish a Constitution, or form of government, and mutually agreed with each other to form themselves into a free and independent state by the name of the state of Tennessee, and, Whereas, The General Assembly of the said state of Tennessee, (pursuant to the third section of the tenth article of the Constitution,) by an act passed on the Twenty-seventh day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled, “An Act” to provide for the calling of a convention, passed in obedience to the declared will of the voters of the state, as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize and provide for the election by the people of delegates and representatives, to meet at Nashville, in Davidson County, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, for the purpose of revising and amending, or changing, the Constitution, and said convention did accordingly meet and form a Constitution which was submitted to the people, and was ratified by them, on the first Friday in March, in the year of our Lord one thousand eight hundred and thirty-five, and, Whereas, The General Assembly of said state of Tennessee, under and in virtue of the first section of the first article of the Declaration of Rights, contained in and forming a part of the existing Constitution of the state, by an act passed on the fifteenth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, did provide for the calling of a convention by the people of the state, to meet at Nashville, on the second Monday in January, in the year of our Lord one thousand eight hundred and seventy, and for the election of delegates for the purpose of amending or revising the present Constitution, or forming and making a new Constitution; and, Whereas, The people of the state, in the mode provided by said Act, have called said convention, and elected delegates to represent them therein; now therefore, We, the delegates and representatives of the people of the state of Tennessee, duly elected, and in convention assembled, in pursuance of said act of Assembly have ordained and established the following Constitution and form of government for this state, which we recommend to the people of Tennessee for their ratification: That is to say[2]

Article I: Declaration of Rights

See also: Article I, Tennessee Constitution

Article I of the Tennessee Constitution is entitled "Declaration of Rights" and consists of 36 sections. It is considered Tennessee's Bill of Rights and copies verbatim many of the United States Constitution's Bill of Rights, although the provisions describing them are generally lengthier than those of the United States Constitution.

Click here to read this article of the Tennessee Constitution.

Article II: Distribution of powers

See also: Article II, Tennessee Constitution

Article II of the Tennessee Constitution is entitled "Distribution of Powers." It states that there are to be three separate branches of government: legislative, executive and judicial. It also explicitly states that no one from one is to exercise rights belonging to any of the others, something considered implicit in the national constitution or inferred by its interpreters.

Click here to read this article of the Tennessee Constitution.

Article III: Executive Department

See also: Article III, Tennessee Constitution

Article III of the Tennessee Constitution is entitled "Executive Department" and consists of 18 sections. It allows the governor to serve a two-year term, a provision superseded by the 1953 amendments. The executive branch is empowered with a line-item veto, but a majority of all members in each house may override this veto, which is the same vote required to enact the bill initially. The governor is the head of the state militia but may only exercise this power if the General Assembly authorizes the governor to do so when "the public safety requires it"."[2]

Click here to read this article of the Tennessee Constitution.

Article IV: Elections

See also: Article IV, Tennessee Constitution

Article IV of the Tennessee Constitution is entitled "Elections" and consists of four sections.

Click here to read this article of the Tennessee Constitution.

Article V: Impeachments

See also: Article V, Tennessee Constitution

Article V of the Tennessee Constitution is entitled "Impeachments" and consists of five sections.

Click here to read this article of the Tennessee Constitution.

Article VI: Judicial Department

See also: Article VI, Tennessee Constitution

Article VI of the Tennessee Constitution is entitled "Judicial Department" and consists of 14 sections. It creates the judiciary, composed of Tennessee's Supreme Court, Chancery courts and others to be ordained and established as deemed necessary.

Click here to read this article of the Tennessee Constitution.

Article VII: State and County Officers

See also: Article VII, Tennessee Constitution

Article VII of the Tennessee Constitution is entitled "State and County Officers" and consists of five sections.

Click here to read this article of the Tennessee Constitution.

Article VIII: Militia

See also: Article VIII, Tennessee Constitution

Article VIII of the Tennessee Constitution is entitled "Militia" and consists of three sections. It specifies that all officers be elected by those subject to service within their groupings and as the Legislature directs but that the governor appoint the governor's staff officers and they in turn appoint their staff officers. The Legislature is also directed to exempt religious conscientious objectors.

Click here to read this article of the Tennessee Constitution.

Article IX: Disqualifications

See also: Article IX, Tennessee Constitution

Article IX of the Tennessee Constitution is entitled "Disqualifications" and consists of three sections. It lists three groups of people who are barred from various privileges:

  • Ministers of any religion may not sit as legislators because they "ought not be diverted from the great duties of their functions."
  • Atheists may not perform any office in the government.
  • Anyone having anything to do with a duel may not hold any "honor or profit" under the state's government and is liable to be punished otherwise.

It should be noted that the restrictions on minsters and atheists have been deemed to be unenforceable due to the interpretations of the Supreme Court of the United States with regard to the First and Fourteenth Amendments to the United States Constitution.

Click here to read this article of the Tennessee Constitution.

Article X: Oaths, Bribery of Electors, New Counties

See also: Article X, Tennessee Constitution

Article X of the Tennessee Constitution is entitled "Oaths, Bribery of Electors, New Counties" and consists of five sections.

Click here to read this article of the Tennessee Constitution.

Article XI: Miscellaneous Provisions

See also: Article XI, Tennessee Constitution

Article XI of the Tennessee Constitution is entitled "Miscellaneous Provisions" and consists of 18 sections, one of which has been repealed.

Click here to read this article of the Tennessee Constitution.

Schedule

See also: Schedule, Tennessee Constitution

The "Schedule" of the Tennessee Constitution follows eleven articles and a preamble. It consists of four sections.

Click here to read the schedule of the Tennessee Constitution.

Amending the constitution

The Tennessee Constitution can be amended in two ways—through the legislative process, or a state constitutional convention.

Legislature

See also: Legislatively referred constitutional amendment

In Tennessee, the state Legislature must pass a constitutional amending during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. Amendments do not require the governor's signature to be referred to the ballot. In Tennessee, amendments must be placed on general election ballots in which there is also a gubernatorial election.

The required legislative votes per session, assuming no vacancies, are listed below:

Requirements to refer constitutional amendments in Tennessee
Session Requirement Senate House
First Simple majority vote 17 50
Second Two-thirds vote 22 66

Convention

See also: Convention-referred constitutional amendment

According to Section 3 of Article XI of the Tennessee Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.


See also

State Constitutions Ballotpedia.png

External links

Footnotes

  1. 1.0 1.1 Lewis, L. (2011). The Tennessee State Constitution. New York, NY: Oxford University Press
  2. 2.0 2.1 Tennessee.gov, "Tennessee Constitution," accessed March 30, 2014