Omar Bennett
The Tennessee Constitution, which defines the state's framework for governance, has been amended 11 times since 2006. The current constitution, adopted in 1870, is the third in the state's history and was written after the Civil War. Tennessee has two methods for amending its constitution: the legislative process and a state constitutional convention. The legislative process involves two successive legislative sessions with an election in between, with a simple majority vote required in the first session and a two-thirds vote in the second. Amendments are then placed on general election ballots. The state constitutional convention method involves a convention to draft amendments, followed by a special election for voter approval, as seen in the process for adopting the 1870 constitution.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 3 |
| Current Constitution | Adopted in 1870 |
| Number of Amendments | 11 since 2006 |
| Amendments in 2022 | 4 |
| Amendment Methods | Legislative process, state constitutional convention |
| Legislative Process | Simple majority vote in the first session, two-thirds vote in the second session |
| Legislative Sessions | Two successive sessions with an election in between |
| Legislative Votes per Session | Varies, but assuming no vacancies: 53 in the House, 17 in the Senate |
| Governor Involvement | Not required |
| Ballot Requirements | Amendments must be placed on general election ballots with a gubernatorial election |
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What You'll Learn
Tennessee's constitution has been amended 11 times since 2006
Tennessee's constitution, which was first adopted in 1870, has been amended 11 times since 2006. The constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Tennessee Constitution can be amended in two ways: through the legislative process or a state constitutional convention. In the legislative process, the state legislature must pass a constitutional amendment 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. However, they must be placed on general election ballots in which there is also a gubernatorial election.
The other method for amending the Tennessee Constitution is through a state constitutional convention. Tennessee has held limited constitutional conventions in 1953, 1959, 1965, 1971, and 1977. The process of amending the constitution through a convention can be lengthy and involves multiple steps. The convention itself is a gathering of delegates who are tasked with proposing and discussing potential amendments to the constitution.
The most recent amendments to the Tennessee Constitution were approved by voters on November 8, 2022. These amendments addressed various issues and helped to shape the state's governance and policies. It is important to note that the process of amending a state constitution is a serious and deliberate undertaking, ensuring that any changes made are in the best interests of the state and its citizens.
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Amendments occur through the legislative process or constitutional convention
The Tennessee Constitution can be amended in two ways: through the legislative process or a state constitutional convention.
Legislative Process
The legislative method of amending the Tennessee Constitution is a lengthy process. The General Assembly must first pass a resolution, calling for an amendment and stating its wording. This must be done in three separate readings on three separate days, with an absolute majority on all readings. The resolution does not require the governor's approval. The amendment must then be published at least six months before the next legislative election. Once the legislative election is held, the proposed amendment must undergo another three readings, a three-day voting process. Then, the amendment requires the approval of at least two-thirds of the legislature on each vote. Finally, the amendment is placed on the ballot as a referendum, coinciding with the next gubernatorial election.
Constitutional Convention
The other method of amending the Tennessee Constitution is through a state constitutional convention. Tennessee has held constitutional conventions in 1796, 1870, 1953, 1959, 1965, 1971, and 1977. The 1870 convention was held to amend or replace the 1835 constitution, which was Tennessee's second constitution. The 1870 convention resulted in the current Tennessee Constitution, which is still in use today with subsequent amendments.
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The legislative method is a lengthy process
Following the legislative election, the proposed amendment undergoes another rigorous review. It must again go through three readings, this time as a three-day voting process. At this stage, the amendment needs to secure the approval of at least two-thirds of the legislature on each vote, indicating strong legislative support.
After successfully navigating these steps, the amendment finally reaches the ballot as a referendum. Importantly, this referendum must coincide with the next gubernatorial election. This timing requirement adds another dimension to the process, ensuring that the amendment is presented to voters alongside other important decisions.
The legislative method for amending the Tennessee Constitution is indeed a lengthy and meticulous process. It demands sustained support over multiple legislative sessions and elections, reinforcing the stability and durability of constitutional amendments in Tennessee. This process reflects the importance placed on carefully considering and approving changes to the foundational document of the state.
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The constitution was last amended on November 8, 2022
The Tennessee Constitution was last amended on November 8, 2022, when voters approved four amendments. The amendments were presented as yes-or-no questions on the ballot, with a "yes" vote indicating support for the amendment and a "no" vote indicating a desire to keep the current language.
The first of these amendments was Amendment 1, which concerned Tennessee's "Right to Work" law. This amendment was opposed by the Tennessee AFL-CIO Labor Council, which argued that "Right to Work" laws are designed to disempower working people.
Another of the amendments was Amendment 3, which removed slavery as a potential punishment for a crime from the constitution. State Sen. Raumesh Akbari (D) supported the amendment, stating, "Our constitution should reflect our values, and it's important that we not have any loopholes that will say in any circumstance slavery is permissible." Bishop Phoebe Roaf, Bishop John Bauerschmidt, Bishop of Tennessee, and Bishop Brian L. Cole, Bishop of East Tennessee, also supported the amendment, saying, "It is our Christian faith that motivates us to support Amendment 3, believing that slavery and involuntary servitude have no place in our state."
The Tennessee Constitution can be amended in two ways: through the legislative process or a state constitutional convention. The legislative process involves two successive legislative sessions with an election in between. During the first session, a simple majority is required in both legislative chambers. In the second session, a two-thirds majority is needed in both chambers. Amendments must then be placed on general election ballots alongside gubernatorial elections.
The state constitutional convention method was used to adopt the current constitution in 1870. This method was also employed in 1953, 1959, 1965, 1971, and 1977 to make limited amendments.
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The original constitution was drafted in 1796
The original Tennessee state constitution was drafted in 1796 and came into effect on June 1, 1796, concurrent with the state's admission to the Union. The constitution was drafted in Knoxville by a convention of 55 delegates. Once it was completed, the delegates sent the document to Washington City for review by Congress before it adjourned. Notably, the 1796 constitution did not create a state supreme court, instead providing for "such superior and inferior courts" as the legislature should create, with judges elected by the legislature for indefinite terms.
The 1796 constitution also provided the basis for legislative representation in the state, with the basis for representation being population as determined by the US Census. The document included provisions regarding declarations of rights, taxes, and legislative authority, which were largely drawn from the North Carolina and Pennsylvania constitutions. The original constitution was admired by Thomas Jefferson, who described it as the "least imperfect and most republican of the state constitutions".
However, by 1834, Tennessee's population had increased significantly, and the state had become less rural and more urban. As a result, a constitutional convention was held in Nashville in 1834 to revise the document, and a second version of the constitution was adopted in 1835. This updated version included provisions for a state supreme court and addressed issues related to taxation and the court system.
The 1835 constitution was subsequently replaced by a third constitution, which was adopted in 1870 and is still in use today with subsequent amendments. The 1870 constitution was drafted after the Civil War and included a permanent abolition of slavery in Tennessee. This document remained unchanged until it was amended in 1953, making it the longest period that any such document had remained in effect without amendment anywhere in the world at the time.
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Frequently asked questions
The current Tennessee Constitution has been amended 11 times since 2006.
The Tennessee Constitution can be amended through the legislative process or a state constitutional convention.
The legislative process to amend the Tennessee Constitution is a lengthy one. First, the General Assembly must pass a resolution calling for an amendment and stating its wording. This must be done in three separate readings on three separate days, with an absolute majority on all readings. Next, the resolution must be published at least six months before the next legislative election. Once the legislative election is held, the proposed amendment must undergo another three readings, a three-day voting process. Then, the amendment requires the approval of two-thirds of the legislature on each vote. Finally, the amendment is placed on the ballot as a referendum, coinciding with the next gubernatorial election.
For a state constitutional convention, the state Legislature must pass a constitutional amendment 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.
