The Tennessee Constitution

The Tennessee ConstitutionFebruary 19, 2013Oh, MommyOh, Mommy, I aint no CommieIm just doing what I can to live the good old all-American wayIt says right there in the ConstitutionIts really A-OK to have a revolutionWhen the leaders that you chooseReally dont fit their shoes . . .

Constitution of TennesseeArticle I, Section I 1 Powers of People

That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.Constitution of TennesseeArticle I, Section II 2 Doctrine of Non-Resistance

That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. From the Tennessee Supreme CourtPlanned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1, 14 (Tenn. 2000)Our constitution also contains specific provisions not found in the federal constitution, the most pertinent being Article 1, Section 2, condemning the doctrine of non-resistance.

This provision exemplifies the strong and unique concept of liberty embodied in our constitution in that it clearly assert[s] the right of revolution. Otis H. Stephens, Jr., The Tennessee Constitution and the Dynamics of American Federalism, 61 Tenn. L. Rev. 707, 710 (1994).

It provides: That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. Tenn. Const. art. I, 2.

From the Tennessee Supreme CourtPlanned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1, 14 (Tenn. 2000)In essence, this section recognizes that our government serves at the will of the people of Tennessee, and expressly advocates active resistance against the government when government no longer functions to serve the peoples needs.

There is no better statement of our constitutions concept of liberty than this audacious empowerment of Tennesseans to forcibly dissolve the very government established but one Article later in our constitution.

Tennessee Constitutional History

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1795

1796 Constitution5 delegates from each of the 11 countiesMet in office of David Hendley for 27 daysExperienced in government, including:U.S. Constitutional ConventionNorth Carolina Constitutional ConventionTerritorial GovernmentWatauga AssociationCumberland Compact

Preamble --- asserts the right to admissionGeneral Assembly --- Two houses (discussed for three days)Met every other year in the fallChose judges, local officialsEstablished all courtsHad to own 200 acres of land in county representedGovernor --- sets up a weak governorTwo year termNo vetoCommander-in-chief of states army and navy and the militiaHad to own 500 acres of landJudiciary ---All courts established by the legislatureLegislature appointed judges and states attorneysDeclaration of RightsWorshipFree speechTrial by jurySearch and seizureRight to counselDouble jeopardyInteresting pointsEvery freeman age 21 who owned a freehold and had been in the county for six months could voteDeclared the right to the free navigation of the Mississippi cannot be ceded to any prince, potentate, power or person

The 1796 Constitution was not submitted to the people for a vote.

Act admitting Tennessee to the Union as a state was signed on June 1, 1796 by President George Washington.

Original and Current State Seals

1835 ConstitutionConvention met in Nashville in May 1834. It included: Willie Blount (former governor)Newton Cannon (future governor)Francis Fogg (Hume-Fogg)Adam Pegleg Huntsman (later defeated Davy Crockett for Congress, prompting Crockett to go to Texas)West Humphreys (future AG, US District Judge and Confederate District Judge)

Adam Huntsman Peg leg

Why have a convention?

1. Taxation

2. Judiciary

3. Legislative PowerTax land according to valueOne Supreme CourtCannot increase or diminish salary during termLimit SC meeting to one place per grand divisionSeparation of powersOnly courts can grant divorcesElect local officialsGovernor limits topics for special sessionsBan lotteriesNo suspension of the general law for individualsOther convention actions:Limited vote to white malesEstablished a school fundAdded a legislative method for amending the constitutionRequired the legislature to pass laws settingthe interest rateRequired permanent capitol designation by 1843

Constitution approved by a vote of the people in 1835

By the legislative method, the legislature proposed popular election of judges, the attorney general and the states attorneys for the judicial districts (district attorneys). The people approved these amendments in August, 1853.

1853 Changes

1865 ConventionNovember 8, 1864, Andrew Johnson, Military Governor of Tennessee, is elected vice president.The East Tennessee Union Executive Committee called for a convention to meet December 19 to take steps to restore Tennessee to the Union. After a delay because of the Battle of Nashville, in January 1865 over 500 delegates assembled in NashvilleThe delegates proposed:An amendment abolishing slaveryAn amendment forbidding the legislature from making any law recognizing the right of property in man

A schedule that : Declared the secession act unconstitutional and voidDeclared acts of the state government since May 6, 1861 voidRatified Military Governor Johnsons actionsDisfranchised ex-confederates and sympathizersSet a vote on the amendments for Feb. 4, 1865 and elections for governor and legislature for March 4, 1865

Governor Johnson had to leave for Washington, so on Feb. 25 he declared the amendments ratified before all the results were in. Voting results: 25,293 for and 48 against.

1870 ConstitutionMany of the conventions actions concerned the activities of the Brownlow administration and the aftermath of the Civil WarNo political tests for officeRequire Governor to state the reasons for special sessionsSafe and comfortable prisonsAmend right to bear arms to clarify the power to regulate to prevent crime

Gubernatorial veto

Single Subject Rule

Limit legislative pay to 75 days

Limit lending of credit by the state and countiesUniversal male suffrageCounty offices filled by public or by county courtTemporarily increase number of judges on Supreme Court to six to handle backlog cause by the warThe Constitution was approved by the peopleCummings v. Beeler

1953 Limited ConventionGave Governor a four year term, could not succeed himself

Gave Governor the item veto

Deleted poll tax

Authorized municipal home rule and city-county government consolidationExpressly allowed limited constitutional conventionsProhibited legislature from passing special or local laws to remove local officials from office or change their salaries or their termsRequired local approval of local legislation

1959 Limited ConventionIn 1958 the public approved a convention on the subjects of the sheriffs term, the trustees term and lowering the voting age. The convention only approved lengthening the trustees term, and the public approved it.

1965 Limited ConventionRequired reapportionment of legislature based on population, with a clause allowing apportionment of one house using geography and other factors if the federal constitution ever allowed it.

Allowed split (annual) sessions

Increased senators term to four years and staggered the terms

Allowed local legislative bodies to fill vacancies in the legislature

1972 Limited ConventionLegislature proposed a limited convention on a variety of subjects, but the people only approved the subject of classification of property for tax purposesTwo proposals were made:Allowing four classes of property forassessment purposesAllowed legislature to provide tax relief to elderly, low income and disabled taxpayers

1978 Limited ConventionThe Convention proposed:1. Altering the way legislative vacancies are filled by requiring a new election if more than twelve months are left in the term2. Requiring three considerations of bills in each house instead of three readings3. Allowing the governor two consecutive terms of four years4. Allowing the governor ten days instead of five to decide whether to sign or veto a bill

Creating limits on expenditures, conditioned increases in appropriations beyond the estimated rate of growth of the states economy, requiring appropriations to be made during the session in which the bill being funded was passed, requiring the state to share the cost of laws imposing increased expenditure requirements on cities or countiesAllowing 18 year olds to vote

Allowing the legislature to raise the homestead exemption and define it

Revision of the education provision

Allowing the legislature to set maximum interest rate

Delete the prohibition on interracial marriage

Revising the judicial article to create a uniform judicial system; appoint appellate judges by governor using a nominating commission; create a superior court as the main trial court; create general sessions courts; allow the legislature to establish juvenile courts and municipal courts; create a court of discipline and removal for judges, district attorneys, public defenders and the attorney general; provide for the attorney general to be appointed by the governor from nominations from a commission; and reduce the number of court clerks.

1982 Legislative ProposalLegislative proposal for tax relief for the elderly:

Approved1988 Legislative ProposalsAdd a Victims Bill of Rights; Delete comfortable from the safe and comfortable prisons provision:

Both Approved2002 Legislative ProposalsAllow lotteries under certain conditions:

Approved

Eliminate the fifty dollar fine provision:

Rejected

2006 Legislative ProposalElderly property tax exemption; The marriage protection amendment:

Both Approved

2010 Legislative ProposalRight to hunt and fish:

Approved

2014 Legislative ProposalsNegating the right to an abortion

Banning the income tax

Addressing judicial selection

AG Selection & ElectionsSmall Schools$50 Limit for Non-Jury FinesThe Tennessee NavyHypothetical #1It is September 1, 1796. Larry Leadfoot, an ambitious student of the law, is running late for his first day of apprenticeship. Upon racing past the No galloping sign posted at the town limits, Leadfoot is stopped by Sheriff Kochya and cited for galloping within town limits. At the hearing on Leadfoots citation, the Honorable Judge Hammer, the barrister under whom Leadfoot was to apprentice, slaps Leadfoot with a $75.00 fine.

Does Leadfoot have a constitutional defense to the fine imposed?Hypothetical #1: AnswerYes. 1796 Constitution at Art. 5 9

No fine shall be laid on any citizen of this state, that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact.

Hypothetical #2It is August 1964. Leadfoot VI, having not fallen far from the familys tardy tree, is running late for his first day of law school classes. Leadfoot VI speeds into town twelve miles per hour over the limit in his 1963 Ford Thunderbird. This time, Judge Hammer hits Leadfoot VI with a $300.00 fine.

Does Leadfoot VI have a constitutional defense to the fine imposed?Hypothetical #2: AnswerYes.

Fun Fact!The present value of $50.00 in 1796:

$916.69

Hypothetical #3Now it is December 1964. Leadfoot VI is now speeding into town because he is late for his first law school exam. Having failed to learn his lesson about the speed trap leading into town, Leadfoot VI again gets cited for speeding twelve miles per hour over the limit. Judge Hammer again hits Leadfoot with a $300.00 fine.

Does Leadfoot VI have a constitutional defense to the fine imposed?Hypothetical #3: AnswerNo. ODell v. City of Knoxville, 388 S.W.2d 150 (Tenn.Ct.App 1964).

Hypothetical #4Leadfoot VII gets a speeding ticket and associated $300.00 fine in December 2001.

Is there a Constitutional defense to the fine?Hypothetical #4: AnswerYes. City of Chattanooga v. Davis, 54 S.W.3d 248 (Tenn. 2001).

Hypothetical #5You get pulled over on your way to the office tomorrow for expired tags. The Department of Motor Vehicles hits you with a $250 penalty for driving with expired tags. Is the penalty barred by the constitution?Hypothetical #5: AnswerNo. Barrett v. Tennessee Occupational Safety & Health Review Comm'n, 284 S.W.3d 784 (Tenn. 2009).

The Tennessee Navy

The Vol Navy

Play YouTube video: http://www.youtube.com/watch?v=8hw6ZVXcU1k (only from 0:20 to 1:17)72

Legislative Procedure & CaptionOh MommyBrewer & ShipleyThe Best of Brewer & Shipley - One Toke Over the Line, track 10/14, disc 1/11976Pop44982.504eng - iTunPGAP0eng - iTunNORM 00000C63 00000C20 00006931 00007430 0000ABD6 00002E05 00008481 000085CB 0000AC3E 000078EBeng - iTunSMPB 00000000 00000210 00000730 00000000001E3BC0 00000000 0010658E 00000000 00000000 00000000 00000000 00000000 00000000