1. This week’s edition of #50Weeks50Constitutions explores the constitutional history of the Volunteer State, from which hailed two of the most famous Andrews in U.S. history: Presidents Jackson & Johnson. 
2. Tennessee has had three constitutions, the first of which was adopted in 1796 before it joined the Union. Thomas Jefferson reportedly called this first constitution “the least imperfect and most republican of the state constitutions.” Now that is some high praise.
3. But before that, some tried to create the State of Franklin (named after Ben Franklin) with land that would later constitute Northeastern Tennessee. They petitioned for statehood but the Confederation Congress denied their requested to become the 14th state in 1785.
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4. However, after the U.S. Constitution was ratified & Tennessee was established as a territory in 1790, the territorial governor in 1795 called for a convention to draft a constitution with the purpose of petitioning for statehood.
4. However, after the U.S. Constitution was ratified & Tennessee was established as a territory in 1790, the territorial governor in 1795 called for a convention to draft a constitution with the purpose of petitioning for statehood.
5. All freemen over the age of 21 could vote, & they elected 55 delegates. The result was largely based off the NC Constitution. It was going to establish a unicameral legislature, like PA originally, but they instead adopted the standard bicameral structure.
6. Unsurprisingly, the legislature was the most powerful branch (pretty standard for early constitutions). More surprisingly they were one of the few states whose governor would be elected directly by the people. But he didn’t have the veto power, so nothing too radical.
7. Disappointingly, the constitution did not provide for an independent judicial branch. The legislature was given the power to establish both superior and inferior courts if they wanted and they would have the sole power of appointment. So much for separation of powers.
8. Tennessee included a Declaration of Rights and appended it to the end of the constitution. To ensure people did not think this meant it was the least important they included a baby Tenth Amendment and a “proto-baby Ninth Amendment.” Learn more here:
libraries.mercer.edu/ursa/bitstream…
libraries.mercer.edu/ursa/bitstream…
9. The Dec of Rights remains largely unchanged to this day. But, it was later moved to the beginning in subsequent constitutions. One intriguing piece that remains unchanged is Section 2 which protects the right to revolt in stark terms. (& hearkens back to other constitutions)
10. Another intriguing aspect of this original Declaration is Section 17 which allowed for citizens of the state to sue the state in court—abridging its own immunity. This right was extended to all people through the constitution of 1835.
11. The 1834 convention which drafted the 1835 constitution was driven by the dual forces of Jacksonian Democracy and the six-fold increase in population between 1800-1830 which led to expansion and to a divergence of views between those in the East and those in the West.
12. It was in this constitution that a Supreme Court was established (finally!). But the legislature still had sole authority to choose the justices who would only serve for a fixed term and could be removed by a 2/3 vote. So certainly not perfect as independent branches go.
13. The constitution was amended multiple times, including in 1853 to provide for the popular election of judges & again by convention established under the authority of then military governor (and future VP and President) Andrew Johnson in 1864.
14. This convention adopted two notable amendments: slavery was abolished & recognizing a property right in man was prohibited. Further, only those who agreed to take an unconditional oath of allegiance to the Union were allowed to participate in the process.
15. The constitution was replaced by a new version in 1870 after the Democratic majority regained control from the Radical Republicans. This is the current constitution of the state of Tennessee.
16. It made only modest changes to the Declaration of Rights but prohibited both political & religious tests for public office and prohibited the denial of suffrage for any reason other than conviction of an infamous crime.
17. This constitution has been amended numerous times through limited conventions, and there are currently free-standing constitutional amendments pending. But there does not seem to be an appetite to completely replace the 1870 constitution.
18. Tennessee has a fairly straightforward constitutional history, especially considering its ill-fated rebellious phase. This should make it easier to explore Tennessee’s foundational documents, and hopefully this edition of #50Weeks50Constitutions is a good starting point.
