Eleanor Finch
The original Tennessee State Constitution was drafted in 1796 and came into effect on June 1 of the same year, concurrent with the state's admission to the Union. The constitution was revised in 1834/1835 to update the court system and address some of the problems in the original constitution, and again in 1870 after the Civil War to permanently abolish slavery in Tennessee. The 1870 constitution is still the fundamental charter for the State of Tennessee today, despite being amended several times since.
| Characteristics | Values |
|---|---|
| First Constitution | Adopted in 1796 |
| First Constitution Drafted | Knoxville |
| Number of Delegates | 55 |
| Constitution Revision | 1834, 1835 |
| Third Constitution | Adopted in 1870 |
| Third Constitution Revision | 1953, 1960, 1966, 1972, 1978, 1998, 2006, 2010, 2014 |
| Third Constitution Status | Still in use today |
| Article I | Declaration of Rights |
| Number of Sections in Article I | 36 |
| Article II | Distribution of Powers |
| Article III | Executive Department |
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What You'll Learn
The original Tennessee constitution was written in 1796
The 1796 constitution defined the form, structure, activities, character, and fundamental rules of the state of Tennessee. Notably, it 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 document also included provisions regarding declarations of rights, taxes, and legislative authority, which were drawn from the North Carolina and Pennsylvania constitutions.
According to historian J. G. M. Ramsey, Thomas Jefferson described the Tennessee constitution as the "least imperfect and most republican of the state constitutions." However, despite its admirers, the original constitution had its shortcomings. By 1834, Tennessee's population had grown significantly, and the state had become less rural and more urban. As a result, the constitution was revised in 1834 to update the court system and address other issues. A second version of the constitution was adopted in 1835, followed by a third constitution in 1870, which is still in use today with subsequent amendments.
The original 1796 constitution is kept at the Tennessee State Library and Archives. It serves as a historical record of the state's foundational laws and governance structure, reflecting the values and priorities of Tennessee at the time of its admission to the Union.
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It was revised in 1834/1835
The original constitution of Tennessee was adopted in 1796. However, by 1834, the state's population had grown to almost 700,000—over six times its population in 1796. This rapid growth brought about significant changes in the state, including increasing urbanisation and a shift away from a predominantly rural population. As a result, the constitution was revised in 1834/1835 to address these demographic and societal shifts and to update the court system.
The 1834/1835 revision of the Tennessee Constitution focused primarily on three key areas: taxation, courts, and governance. The changes aimed to better reflect the evolving nature of the state and to address some of the shortcomings of the original 1796 constitution. This included the absence of a state supreme court and the need for a more modern and efficient court system.
The 1834/1835 revision also sought to increase political engagement and participation among the citizens of Tennessee. However, it is important to note that this increased engagement was limited to white males, as suffrage was not extended to other racial or gender groups. Despite these limitations, the revisions represented a step towards a more inclusive and responsive political system in Tennessee.
The process of revising the constitution began with a state constitutional convention in Nashville on May 19, 1834. Sixty delegates attended the convention, which was presided over by William Carter of Carter County. During the convention, antislavery interests petitioned for the abolition of slavery. However, this petition was rejected by the convention delegates, indicating the prevailing sentiments and priorities of the time.
The 1834/1835 revision of the Tennessee Constitution played a crucial role in shaping the state's governance and legal system, adapting to the state's changing demographics and societal landscape. It laid the foundation for further amendments and revisions, including the permanent abolition of slavery in the post-Civil War constitution of 1870.
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A third constitution was adopted in 1870
The third and current Tennessee Constitution was adopted in 1870, after the Civil War. The biggest change in this version of the constitution was the permanent abolition of slavery in Tennessee. The new constitution was also a reaction against the overreaching actions of Governor William G. Brownlow.
The 1870 constitution was drafted by a convention that began on January 10, 1870, and adjourned on February 23, 1870, after adopting the constitution and recommending its approval by the voters in a special election held on March 26, 1870. The third constitution was largely written in response to the requirement for all ex-Confederate states to adopt new constitutions explicitly banning slavery. It contains many provisions that are verbatim holdovers from the two predecessor documents. It is considerably longer than the federal constitution but is not particularly long by the standards of state constitutions.
The 1870 constitution remained unchanged until it was amended in 1953, making it the nation's oldest unamended state constitution at that time. The 1953 amendments included changes to the governor's term, allowing them to serve a four-year term instead of the previously stipulated two-year term. Further amendments were made in 1960, 1966, 1972, 1978, 1998, 2006, 2010, and 2014.
The Tennessee Constitution defines the form, structure, activities, character, and fundamental rules of the state. It consists of various articles, including "Distribution of Powers," which establishes the three separate branches of government: legislative, executive, and judicial. Another article, "Declaration of Rights," is considered Tennessee's Bill of Rights and contains lengthier provisions than its counterpart in the United States Constitution.
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The 1870 constitution was amended in 1953
The Constitution of the State of Tennessee was formed in 1796, and it has undergone several revisions since then. One of the most significant amendments occurred in 1870, following the American Civil War, and this version of the constitution remained in place for over eighty years until it was modified in 1953.
The 1870 constitution was enacted during the post-Civil War Reconstruction Era, and it reflected the political climate of that time. Tennessee, like many other former Confederate states, was under military rule during this period, and the constitution reflected the priorities and concerns of the Reconstruction government. It addressed issues such as the rights of freed slaves, the organization of state government, and the powers of the governor and legislature.
However, by the mid-20th century, some portions of this constitution were deemed outdated and in need of revision. In 1953, a series of amendments were proposed and ratified, altering the 1870 document in several key ways. These changes reflected the social and political shifts that had occurred in Tennessee and the United States as a whole during the intervening years.
One of the most notable amendments concerned the election process for state officials. The 1870 constitution had stipulated that state senators should be elected by the state legislature, rather than by popular vote. This system was changed in the 1953 amendments, which provided for the direct election of state senators by the people of Tennessee. This change brought the state in line with the practice in most other states and reflected a broader trend towards greater democracy and direct voter participation.
Another significant amendment concerned the powers of the governor. In the 1953 version, the governor's power to fill vacancies in state offices was curtailed. Previously, the governor had the authority to appoint individuals to fill vacant positions without input from the state legislature. Under the amended constitution, the governor was required to seek the "advice and consent" of the legislature when making such appointments, thus creating a system of checks and balances and reducing the potential for abuse of power.
These amendments demonstrate how the Tennessee Constitution has evolved to reflect the changing needs and values of the state's citizens. While the core principles of the constitution may remain constant, the specific provisions can be adapted to ensure they remain relevant and effective in a changing social and political landscape.
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Further amendments were made in the late 20th and early 21st centuries
The current Tennessee Constitution, adopted in 1870, is the third iteration of the state's foundational document. It has been amended several times in the late 20th and early 21st centuries to reflect evolving societal needs and values.
In 1953, Tennessee held a limited constitutional convention, introducing amendments to the 1870 constitution for the first time since its enactment. These amendments addressed the governor's term length, providing for a two-year term, and the executive branch's line-item veto power, which could be overridden by a majority vote in each house.
The constitution was further amended in 1960, 1966, and 1972. In 1978, another amendment was added. These amendments addressed various issues, but the specific changes made during these years are not publicly available.
In 1998, Tennessee made significant changes to its constitution, focusing on updating the court system and addressing issues that had arisen since the previous version. This amendment process reflected the state's changing demographics and the need to adapt the legal framework to a more urbanised society.
More recently, in 2006, 2010, and 2014, Tennessee continued to amend its constitution, ensuring that it remains a living document capable of adapting to the evolving needs and values of its citizens. These recent amendments demonstrate the state's commitment to maintaining a modern and relevant framework for governance.
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Frequently asked questions
The first constitution of the state of Tennessee was written and adopted in 1796.
Yes, the constitution has been revised multiple times. A second version was adopted in 1834/1835, and a third in 1870. The 1870 version is still in use today, with amendments made as recently as 2014.
The original Tennessee constitution was drafted in Knoxville by a convention of 55 delegates.
