Constitution of Tennessee

Constitution of Tennessee
Name	Constitution of Tennessee
Date created	February 23, 1870
Date ratified	March 26, 1870
Location of document	Tennessee State Library and Archives
Writer	Delegates to the Tennessee Constitutional Convention of 1870
Signers	Convention President John C. Brown and delegates
Purpose	To replace the Constitution of 1834 and establish the fundamental law of the State of Tennessee

Constitution of Tennessee. The fundamental governing document of the U.S. state of Tennessee, the current constitution was ratified in 1870, making it one of the oldest unamended state constitutions still in effect. It succeeded the Constitution of 1834 and was drafted in the aftermath of the American Civil War and the Reconstruction era. The document establishes the structure of state government, delineates the powers of the Tennessee General Assembly, the Governor of Tennessee, and the Tennessee Supreme Court, and enumerates a Declaration of Rights for its citizens.

History and background

The state has functioned under three distinct constitutions, with the first adopted in 1796 coinciding with Tennessee's admission to the Union. This initial document was heavily influenced by the North Carolina Constitution and the United States Constitution. It was replaced by the Constitution of 1834, which reflected the political sentiments of the Jacksonian Democracy era and made significant changes, such as popular election of the governor. The current constitution was drafted by the Tennessee Constitutional Convention of 1870, a body dominated by Democratic delegates seeking to restore control after Reconstruction. Key figures included convention president John C. Brown and influential delegates like Andrew J. Fletcher. The convention was a direct political response to the policies of Radical Republicans and Governor William G. Brownlow.

Structure and content

The document is organized into eleven articles. Article I contains the Declaration of Rights, which enumerates freedoms similar to the United States Bill of Rights, including guarantees for freedom of speech, freedom of religion, and protections against unreasonable search and seizure. Subsequent articles detail the structure of government: Article II covers the distribution of powers, Article III defines the legislative department and the Tennessee General Assembly, Article IV outlines the executive department headed by the Governor of Tennessee, and Article V establishes the judicial department including the Tennessee Supreme Court and lower courts. Later articles address suffrage, state militia, state officers, disqualifications, and miscellaneous provisions. The final article, Article XI, governs amendments and revisions to the document itself.

Amendments and revisions

The constitution has been amended over thirty times since 1870, but it has never been completely replaced, making it remarkably stable. Amendments can be proposed either by the Tennessee General Assembly or by a constitutional convention. The legislative process requires a simple majority vote in one General Assembly and a two-thirds vote in the next, followed by ratification by the electorate in a gubernatorial election year. Notable amendments include the 1953 "Right-to-work law" amendment, the 1978 amendment allowing governors to succeed themselves, and the 1998 amendment removing a prohibition against ministers serving in the Tennessee General Assembly. Efforts for a comprehensive constitutional convention, such as those debated in the 1970s, have repeatedly failed to gain sufficient political support.

Key provisions and features

A defining feature is the explicit establishment of a Right-to-work law in Article I, Section 35, which prohibits compulsory union membership. The document also contains a strict requirement for a balanced budget, mandating that expenditures by the Tennessee General Assembly shall not exceed recognized state revenues. It originally imposed a stringent poll tax for voter eligibility, a provision later rendered unenforceable by the Twenty-fourth Amendment to the United States Constitution and the Voting Rights Act of 1965. Other significant provisions include the method of selecting Tennessee Supreme Court justices through the Tennessee Plan of retention elections, and the creation of the Tennessee Public Service Commission (now the Tennessee Regulatory Authority).

Judicial interpretation

The Tennessee Supreme Court serves as the ultimate arbiter of the constitution's meaning. Its interpretations have shaped critical areas of state law and policy. In landmark cases such as Smallwood v. State (1955), the court upheld the constitutionality of the Right-to-work law amendment. More recently, in Tennessee Small School Systems v. McWherter (1993), the court ruled that the state's system of funding public schools violated the constitution's requirement for a "thorough and efficient system" of free public schools, leading to major legislative reforms. The court also interprets the Declaration of Rights often in parallel with, but sometimes independently from, rulings by the Supreme Court of the United States on the United States Bill of Rights.

Current status and controversies

The 1870 constitution remains the active organic law of Tennessee, though some archaic language and provisions persist. Contemporary debates often focus on potential amendments. There is ongoing discussion about amending the constitution to explicitly allow for casino gambling or a state lottery, which was eventually authorized after a 2002 amendment. Other perennial controversies involve calls to revise the method of selecting appellate judges under the Tennessee Plan and debates over the adequacy of the document's language regarding education funding, as highlighted by the Small School Systems litigation. The stability of the document is frequently contrasted with calls for modernization to address 21st-century governance issues not contemplated by the 19th-century framers.

Category:Tennessee law Category:State constitutions of the United States Category:1870 in American law Category:1870 documents