Malcolm Rivera
The Tennessee Constitution of 1870 was the third version of the state's constitution, and it is still in use today with subsequent amendments. The biggest change in this version was the permanent abolition of slavery in Tennessee, which was a requirement for all ex-Confederates. The constitution also aimed to curb the power of Governor William G. Brownlow, who was seen as overreaching in his authority. This document stood unamended until 1953, making it the longest period that any such document had remained in effect without amendment anywhere in the world up to that point. Despite the abolition of slavery, the 1870s saw the passing of Jim Crow laws, which aimed to make African Americans second-class citizens.
| Characteristics | Values |
|---|---|
| Purpose | Reaction against the overreaching actions of Governor William G. Brownlow |
| Biggest Change | Permanent abolition of slavery in Tennessee |
| Amendments | 1953, 1960, 1966, 1972, 1978, 1998, 2006, 2010, and 2014 |
| Status | Still the fundamental charter for the State of Tennessee |
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What You'll Learn
Permanent abolition of slavery
The Constitution of the State of Tennessee outlines the state's form, structure, activities, character, and fundamental rules. The third and current version of the constitution, adopted in 1870, brought about the permanent abolition of slavery in Tennessee. This change was the biggest shift from the previous versions of the constitution.
The permanent abolition of slavery in Tennessee was a response to the requirement for all ex-Confederates to adopt new constitutions explicitly banning slavery. The Thirteenth Amendment to the U.S. Constitution, which legally abolished slavery, was unanimously ratified by the Tennessee General Assembly in April 1865, even before the official end of the war.
During the Reconstruction period, former slaves in Tennessee transitioned to freedom, establishing communities, churches, cemeteries, and schools outside the rule of slavery. They also held celebrations in town squares to commemorate emancipation. This period was marked by racial unrest, as African Americans asserted their new civil rights, only to have many of those rights stripped away. The Freedmen's Bureau, created by Congress, provided support to former slaves during this time by administering schools, negotiating labor contracts, offering legal advice, and organizing institutions like hospitals and orphanages. However, the bureau's effectiveness was limited due to inadequate funding.
The 1870 Constitution of Tennessee included a "'poll tax' clause, which was later repealed in 1873. The constitution also contained provisions banning interracial marriage and school desegregation, which remained long unenforced until they were removed in 1977. The 1870 Constitution remained unchanged until it was amended in 1953, making it the nation's oldest unamended state constitution at that time.
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Reaction to Governor William G. Brownlow's actions
The 1870 Constitution of Tennessee was a reaction to the actions of Governor William G. Brownlow, who served as governor from 1865 to 1869. Brownlow was a divisive and controversial figure in Tennessee politics, known for his uncompromising and radical viewpoints. He was an outspoken advocate of the Union and ridiculed secessionists and Confederates, even after Confederate authorities suppressed his newspaper, the Knoxville Whig, and caused him to flee in 1861.
During his time as governor, Brownlow took several actions that provoked a reaction from the people of Tennessee. Firstly, he was determined to punish pro-secessionists and advocated for the disenfranchisement of all who had fought against the Union. He also mobilized 1,600 state guards to crush the newly organized Ku Klux Klan. These actions were likely seen as overreaching and heavy-handed by many in Tennessee, especially those who sympathized with the Confederacy.
Secondly, Brownlow's administration allied with the Reconstruction policies of congressional Republicans, which put him at odds with President Andrew Johnson, a fellow Tennessean. By influencing the state legislature to ratify the Fourteenth Amendment in 1866, Brownlow ensured that Tennessee was fully restored to the Union. This action saved Tennessee from the political reconstruction experienced by other Confederate states, but it also likely angered those who wanted to maintain the status quo or who disagreed with the terms of Reconstruction.
Thirdly, Brownlow's administration backed government bonds to fund the building of railroads and other public improvements, which indebted the state for many years. While this was done to restore the state's economic health after the war, it is possible that some Tennesseans disagreed with this approach and believed that other options should have been considered. Additionally, cases of graft and embezzlement by administration officials, although not involving Brownlow personally, may have further tarnished the public perception of his administration.
Finally, Brownlow's actions as governor may have been influenced by his personal background and experiences. Orphaned at a young age and with limited formal education, Brownlow rose to prominence through his writing and oratory skills. He was a Methodist minister and a newspaper publisher, using his platforms to advocate for the Whig Party and oppose secession. Brownlow's time as a prisoner of war and his experience of Confederate custody may have shaped his strong Unionism and determination to punish pro-secessionists.
In conclusion, the 1870 Constitution of Tennessee was a direct reaction to the actions and policies of Governor William G. Brownlow. Brownlow's strong Unionism, advocacy for Reconstruction, and controversial administration provoked a response from the people of Tennessee, leading to the creation of a new constitution that permanently abolished slavery and limited the power of the executive branch.
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Amendments to poll tax and property tax
The 1870 Tennessee Constitution was the third version of the state's constitution and was a direct 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, although it has been amended several times since.
The 1870 Constitution contained provisions related to poll taxes and property taxes. Section 29 of the Constitution stated that:
> "All property shall be taxed according to its value, upon the principles established in regard to state taxation. But the credit of no County, City or Town shall be given or loaned to or in aid of any person, company, association or corporation, except upon an election to be first held by the qualified voters of such county, city or town, and the assent of three-fourths of the votes cast at said election."
The Constitution also stated that the General Assembly had the power to authorise counties and incorporated towns to impose taxes for their respective purposes, provided that it was prescribed by law.
In addition, the Constitution outlined that state taxes derived from polls would be appropriated for educational purposes, as directed by the General Assembly. It also included a provision that no county or corporation could levy a poll tax exceeding the amount levied by the state.
The 1971 constitutional convention, led by Tennessee politician Clifford Allen, focused on establishing a new system of property tax assessments. This convention was limited in scope and did not address other aspects of the constitution.
The 1870 Constitution remained unamended until 1953, marking the longest period that any such document had remained in effect without amendment anywhere in the world. Since then, there have been several amendments to the constitution, including in 1959, 1965, 1971, 1977, 1998, 2002, 2006, and 2010.
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Removal of unenforceable provisions
The 1870 Tennessee Constitution was the third version of the state's constitution and was adopted in response to the requirement for all ex-Confederates to adopt new constitutions explicitly banning slavery. It remained unchanged until 1953, making it the longest period that any such document had remained in effect without amendment anywhere in the world.
The 1977 convention was the broadest since the original writing of the constitution in 1870. It was called to remove long-unenforceable provisions, such as those banning interracial marriage and school desegregation. The convention also sought to remove the 10% cap on interest, which was becoming problematic in the economic environment of the time. This convention was very long and contentious, lasting nearly twice as long as the original convention that wrote the 1870 constitution.
The 1971 convention, dominated by longtime Tennessee politician Clifford Allen, was limited to the establishment of a new system of property tax assessments. During this convention, the poll tax provisions, which had already been rendered moot, were removed.
Another important provision of the proposed amendment was to repeal the 1870 Constitution's requirement that all judges "shall be elected." Instead, it was proposed that "Justices of the Supreme Court and judges of the Court of Appeals shall be appointed by the Governor from three nominees recommended... by the Appellate Court Nominating Commission." Voters, in a special election held on March 7, 1978, voted to remove the archaic provisions and the usury cap and to accept changes regarding the governor's terms and metropolitan government. However, they narrowly turned down the judicial amendment, marking the first time that an amendment put to the voters by a convention had been defeated.
The Tennessee Municipal League (TML) also pushed for an amendment in 2002 to eliminate a constitutional provision that set $50 as the maximum allowable fine for violating a municipal ordinance. This amount was a large sum in 1870 when the provision was enacted, but it no longer reflected the reality in 2002. Despite their efforts, the TML put little effort into winning voter approval, and the proposal was largely overlooked during the public debate over a high-profile lottery amendment. As a result, it became the first amendment put forward by the General Assembly to be defeated at the polls.
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Changes to municipal ordinance fines
The goals of the Tennessee Constitution of 1870 included the permanent abolition of slavery in the state and a reaction against the overreaching actions of Governor William G. Brownlow. This version of the constitution remained unchanged until an amendment in 1953, making it the nation's oldest unamended state constitution at the time.
The Constitution of the State of Tennessee outlines the state's form, structure, activities, character, and fundamental rules, as well as the means for changing them. While the constitution has been amended multiple times since 1870, one notable change proposed in 2002 aimed to modify the provisions regarding municipal ordinance fines.
The 2002 amendment, advocated by the Tennessee Municipal League (TML), sought to eliminate a constitutional provision that capped the maximum allowable fine for violating a municipal ordinance at $50. This amount, considered a large sum in 1870 when the provision was enacted, was no longer suitable in the modern economic context. The TML proposed that the legislature should be granted the authority to set limits on the fines that municipalities could impose.
However, despite their efforts in getting the amendment onto the ballot, the TML fell short in effectively promoting it to voters. As a result, the proposal was largely overlooked during the public debate, and many voters were unaware of it until they saw it on the ballot. Consequently, the amendment was defeated at the polls, marking a rare instance of an amendment put forward by the General Assembly being rejected by the voters.
Ordinance violations can encompass a range of offenses, from minor infractions like parking violations or noise complaints to more serious offenses like shoplifting. Generally, these violations are punishable by fines, and in some cases, additional penalties such as license revocation for specific offenses. While individuals charged with ordinance violations have the option to simply pay the fine and move on, it is advisable to consult an experienced criminal defense lawyer, especially for charges that could remain on one's record and impact their future.
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