MIDDLE SCHOOL CIVICS
Part Two: The other constitution in your life

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 to see the complete 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 (kind of like a tree might have three branches). Both explain how the people who run those branches are to be chosen. Both call for a legislative branch with 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 constitution was written in 1870, after the Civil War. This is Tennessee's third constitution, you see.
  • 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 if he had been born in Germany, for instance, he would not be 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.

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.) Meanwhile, Article IX, Section 3, prohibits people who have dueled from holding office. Since people don't duel as much as they used to, this section seems a bit out of date, to say the least.

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.
  • Both the Tennessee and U.S. constitutions can be changed; in fact, the Tennessee Constitution has undergone many 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.

QUIZ

1. Which document is older, the U.S. or Tennessee constitution?
2. (TRUE OR FALSE) To be governor of Tennessee, you have to have been born in Tennessee.
3. (TRUE OR FALSE) The Tennessee Constitution hasn't been changed since it was written.

For quiz answers, click here.

And now we're going to talk about the three branches of government in Tennessee. Click here.

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