Omar Bennett
The Tennessee Constitution, currently in its third iteration, has been amended 11 times since 2006. The current version, which came into effect in 1870, is considerably longer than the federal constitution, but it is not particularly lengthy when compared to other state constitutions. The average state constitution has approximately 39,000 words, while the US Constitution, including its amendments, has 7,591 words.
| Characteristics | Values |
|---|---|
| Year of Adoption | 1870 |
| Previous Constitutions | 1796, 1834 |
| Number of Constitutions | 3 |
| Number of Articles | 11 |
| Number of Amendments | 11 (since 2006) |
| Average Number of Words in a State Constitution | 39,000 |
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What You'll Learn
History of the Tennessee Constitution
The first constitution of the state of Tennessee was adopted in 1796. The constitution was drafted in Knoxville by a convention of 55 delegates. Once it was completed, the delegates sent the Constitution to Washington City for review by Congress. President Washington signed the bill, giving Tennessee immediate statehood on June 1, 1796. Most of the provisions regarding declarations of rights, taxes, and legislative authority were drawn from the North Carolina and Pennsylvania constitutions.
Thomas Jefferson described the Tennessee constitution as the "least imperfect and most republican of the state constitutions". The original 1796 constitution is kept at the Tennessee State Library and Archives.
By 1834, Tennessee’s population had grown to almost 700,000, more than six times its population in 1796. The constitution was revised in 1834 to update the court system and address some of the problems in the original constitution. This revision focused mostly on taxation, the courts, and how to govern a state that was becoming less rural and more urban. The second Tennessee State Constitution was adopted in 1835 and resulted from a state constitutional convention that convened in Nashville with 60 delegates in attendance. Antislavery interests petitioned the convention to abolish slavery, but this was rejected by the convention delegates. The constitution adopted increased opportunities for citizens to engage in the political process, but it limited suffrage to white males.
The constitution was revised again in 1870 after the Civil War. The biggest change in this version of the constitution was the permanent abolition of slavery in Tennessee. Another purpose of the framers of this constitution was a reaction against the overreaching actions of Governor William G. Brownlow. The 1870 constitution was written as a response to the requirement for all ex-Confederates to adopt new constitutions explicitly banning slavery. The 1870 Constitution is still the fundamental charter for the State of Tennessee.
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Tennessee Constitution's length compared to other state constitutions
The Tennessee Constitution, first adopted in 1796, is considered to be considerably longer than the federal constitution. However, it is not particularly lengthy when compared to other state constitutions. The constitution has been revised and amended multiple times since its inception, with the most recent amendments being approved by voters in 2022.
The Tennessee Constitution consists of various articles and sections that outline the state's governance framework. Article I, also known as Tennessee's Bill of Rights, contains provisions that mirror those in the US Bill of Rights but are generally more verbose. For instance, Section 1 of Article I emphasizes the inherent power of the people and their right to alter, reform, or abolish the government as they see fit. This particular provision is lengthier than its federal counterpart.
Article II, entitled "Distribution of Powers," establishes the separation of powers into three distinct branches: legislative, executive, and judicial. This article explicitly states that no branch should infringe on the rights of the other, a principle that is only implicitly stated or inferred in the national constitution.
The preamble of the Tennessee Constitution is notably longer than that of the US Constitution. This extended preamble justifies the authority of the new constitution, which was created under the 1835 constitution and the original 1796 convention. The constitution also includes unique provisions, such as the mandate for only three constitutional officers apart from the governor and the designation of the Speaker of the Tennessee State Senate as the governor's successor.
While the Tennessee Constitution is lengthier than the federal constitution, it is important to note that state constitutions can vary significantly in length and complexity. Some states may have more concise documents, while others may have more detailed and expansive constitutions. The length of a state constitution often depends on the specific needs, history, and legal traditions of that state.
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Tennessee's Bill of Rights
Tennessee's current constitution, its third, was written after the Civil War in 1870. The state's first constitution was adopted in 1796, concurrent with its admission to the Union as the 16th state. The original constitution was drafted in Knoxville by a convention of 55 delegates and was revised in 1834 and 1870.
Article I of the Tennessee Constitution is entitled "Declaration of Rights" and consists of 36 sections. It is considered Tennessee's Bill of Rights. Tennessee's Bill of Rights copies verbatim many of the United States Constitution's Bill of Rights, although the provisions are generally lengthier. For example, the provision stating that all power is inherent in the people, and that all free governments are founded on their authority and instituted for their peace, safety, and happiness, mirrors the US Bill of Rights but is worded at greater length.
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Tennessee Constitution's amendments
The Tennessee Constitution has undergone several amendments since its adoption in 1796. The original constitution was drafted in Knoxville by 55 delegates and was based on the constitutions of North Carolina and Pennsylvania. It was revised in 1834 to update the court system and address issues in the original document. By this time, Tennessee's population had grown to almost 700,000, so the revisions focused on taxation, courts, and governing an increasingly urbanised state.
The next significant amendment came in 1870 after the Civil War. This version of the constitution included the permanent abolition of slavery in Tennessee, and it remained unchanged until 1953, making it the longest period that any such document had remained in effect without amendment. The 1953 amendments superseded the provision allowing the governor to serve a two-year term. They also empowered the executive branch with a line-item veto, which could be overridden by a majority vote in each house.
Since 1953, the Tennessee Constitution has been amended multiple times, including in 1960, 1966, 1972, 1978, 1998, 2006, 2010, 2014, and proposed amendments in 2022. The process for amending the constitution involves two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both chambers, and the amendment must receive more yes votes than no votes. The yes votes must also constitute a majority of the total votes in the gubernatorial election.
Some notable provisions in the Tennessee Constitution include Article I, the state's bill of rights, which grants citizens the "unalienable and indefeasible right to alter, reform, or abolish the government". It also includes restrictions on ministers and atheists, which have been deemed unenforceable due to interpretations of the First and Fourteenth Amendments of the US Constitution. The constitution also outlines the process for impeachment, with Section 3 stating that impeachments can only be tried once the Legislature has adjourned sine die, after which the Senate can try the impeachment.
The length of the Tennessee Constitution is considerable when compared to the federal constitution, but it is not unusually long for a state constitution. It includes provisions that are directly copied from the federal Constitution and the Magna Carta, as well as addressing topics such as legislative representation, the powers of the governor, and labour union rights.
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Tennessee Constitution vs. the US Constitution
The Constitution of Tennessee is the state constitution of Tennessee. It defines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Tennessee has had three state constitutions, with the current one being adopted in 1870.
The first constitution of the state of Tennessee was adopted in 1796. It was drafted in Knoxville by a convention of 55 delegates and was based on the United States Constitution. The original 1796 constitution is kept at the Tennessee State Library and Archives. The constitution was revised in 1834 to update the court system and address some of the problems arising in the original constitution. By 1834, Tennessee's population had grown to almost 700,000, and the revision focused on taxation, courts, and governing an increasingly urban state. A second version of the constitution was adopted in 1835.
The current constitution, adopted in 1870, is considerably longer than the federal constitution but is not particularly lengthy compared to other state constitutions. The preamble to the Tennessee Constitution is longer than its counterpart in the US Constitution, with much of the additional length devoted to justifying the authority behind the new 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 mirrors many of the provisions in the US Bill of Rights, although the Tennessee provisions are generally more detailed and lengthier. For example, Section 1 states that all power is inherent in the people, and all free governments are founded on their authority. It grants citizens the "'unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.'" This provision closely follows the wording of the Magna Carta.
Article II of the Tennessee Constitution, "Distribution of Powers," establishes three separate branches of government: legislative, executive, and judicial. It explicitly states that no branch shall exercise the rights belonging to another, a principle that is only implicit in the US Constitution. Article III, "Executive Department," allows the governor to serve a two-year term and grants the executive branch a line-item veto. Article IV covers elections, and Article V addresses impeachments, outlining the process for trying and removing officials from office.
The 1870 constitution was amended in 1953, making it the nation's oldest unamended state constitution at the time. Further amendments were made in 1960, 1966, 1972, 1978, 1998, 2006, 2010, and 2014. The Tennessee Constitution has been amended 11 times since 2006, with voters most recently approving four amendments in November 2022.
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Frequently asked questions
The Tennessee Constitution is considerably longer than the federal constitution, but it is not particularly long by the standards of state constitutions. The exact word count is not publicly available. For context, the average state constitution is around 39,000 words.
The current Tennessee Constitution, adopted in 1870, has 11 articles.
While the exact number of sections is not known, Article I, also known as the "Declaration of Rights", consists of 36 sections.
The current Tennessee Constitution has been amended 11 times since 2006. The most recent amendments were approved by voters on November 8, 2022. In total, the constitution has been amended at least 15 times since 1953.
Tennessee has had three state constitutions. The first was adopted in 1796, the second in 1834, and the third in 1870.
