HIGH SCHOOL CIVICS
Part One: The other constitution in your life

In this section we'll tell you how state government really works. A good place to start is with the Tennessee State Constitution.
Much like the U.S. Constitution explains the way the federal government is set up, the Tennessee Constitution explains how Tennessee's government is set up. Click here for a pdf file of the Tennessee Constitution.

A copy of the Tennessee Constitution
By now you've learned a few things about the U.S. Constitution, but probably not very much about the Tennessee Constitution. Let's talk about the similarities and differences in these two documents. Both call for a government with three branches – executive, legislative, and judicial. Both explain how the people who run those branches are to be chosen, and when elections have to take place. Both call for a legislative branch that has two chambers – a house and a senate. Both talk a lot about individual rights – the U.S. Constitution in the Bill of Rights, and the Tennessee Constitution in its Declaration of Rights.

 

Check out this clause:

 

“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 think proper.”

 

This sounds like it might come from the U.S. Constitution, right? It’s actually Article I, Section 1 of the Tennessee Constitution. How about that?


The 2005 Tennessee History Festival at the Bicentennial Capitol Mall State Park

Now for some of the differences in the two documents:

  • The U.S. Constitution was written in 1783. Tennessee’s current constitution was written in 1870, after the Civil War. This is Tennessee's third constitution; previous ones were written in 1796 and 1834.
  • To be president of the United States, you have to be 35 years old and a natural-born citizen (which generally means born in the U.S.). But to be governor, you only have to be 30 years old. And you don’t have to have been born in Tennessee; you only have to have lived here for seven years. Governor Phil Bredesen, for instance, was born in New Jersey. He could run for president if he wanted to. But California Governor Arnold Schwarzenegger, who was born in Austria, is not eligible to run for president.
  • Under the U.S. Constitution, if the president dies in office, the vice-president becomes president. Under the Tennessee Constitution, if the governor dies, the Speaker of the Senate becomes governor. Because of this, the Speaker of the Tennessee Senate is also known as the Lieutenant Governor.
  • The U.S. Constitution says nothing about lotteries. Tennessee’s Constitution allows a state-run lottery.
  • The U.S. Constitution specifically authorizes a tax on personal income, which is why we have a federal income tax. The Tennessee Constitution is vague on the subject, but the state Supreme Court has twice before said that a state income tax is unconstitutional. Tennessee doesn’t have a state income tax. Most of our tax money in Tennessee is raised by sales taxes.

U. S. District Judge Thomas Wiseman congratulates some new American citizens.
  • Federal judges are appointed for life and can only be removed from office for treason, and that doesn’t happen too often. (Treason means to wage war against one's own country by aiding its enemies.) State judges and the members of the Tennessee Supreme Court face re-election (to be accurate, members of the Tennessee Supreme Court face a yes-no referendum every eight years).

  • A few other things about the Tennessee Constitution:

    • Some clauses are a bit odd. For example: Look at Article IX. Section 1. It says ministers can’t serve in public office. (The U.S. Supreme Court ruled this unconstitutional in 1978, which means it can't be enforced, but it still hasn't been removed from the Tennessee Constitution.) Article IX, Section 2 says that atheists can’t serve in the General Assembly. No one has challenged this one, but obviously it won’t fly either. That section is also contradicted in Article I, Section 4, which says no political or religious test . . . shall ever be required as a qualification to any office or public trust under this state.” Meanwhile, Article IX, Section 3, prohibits people who have dueled from holding office.

    The Tennessee Supreme Court building
    • Some sentences in the Tennessee Constitution are constantly argued about. Take Article II, Section 22. “The doors of each House and of committees of the whole shall be kept open, unless when the business shall be such as ought to be kept secret.” Every year state legislators argue with reporters about whether this clause allows the legislature to have secret committee meetings during the closing days of the General Assembly.
    • Neither the Tennessee nor U.S. constitutions are ordained from heaven. They can be changed; the Tennessee Constitution has undergone many such changes. Two recent examples: There was a time when governors only served two-year terms, but that part of the Tennessee constitution was changed to allow for four-year terms. And just a few years ago the constitution was changed to allow a lottery.

    The Roane County Courthouse
    You may wonder how this affects you, or even if it affects you at all. It does. Read Article XI, Section 12. It has to do with the funding of public schools. Doesn’t seem to say much, right? Well, it was the interpretation of this clause by a judge that led to a huge increase in the funding of rural school systems in Tennessee in 1993. This program was known as the Basic Education Program, or BEP, and to this day you will see it referenced in newspapers. This has affected many of you – who have smaller classes and new school buildings, all because of this clause.

    We're now going to tell you insider information about the three branches of government and how they operate. We'll start with the executive branch. Click here.


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