Tennessee Constitution
Tennessee Constitution |
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Preamble |
Articles |
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • Schedule |
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
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:
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
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 | ||||||
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Session | Requirement | Senate | House | |||
First | Simple majority vote | 17 | 50 | |||
Second | Two-thirds vote | 22 | 66 |
Convention
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 constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Tennessee.gov, "Tennessee Constitution"
- The US 50.com, "State of Tennessee History"
- History.com, "Tennessee"
- harryphillipsaic.com, "Tennessee Constitutional History: Settlement and 1796 Constitution"
- Tennessee 4 Me.com, "16th State"
- TN History for Kids, "Intermediate Civics - Part Two: The other constitution in your life"
Footnotes
- ↑ 1.0 1.1 Lewis, L. (2011). The Tennessee State Constitution. New York, NY: Oxford University Press
- ↑ 2.0 2.1 Tennessee.gov, "Tennessee Constitution," accessed March 30, 2014
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