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Each week on the Junior Curators blog, we travel back in time to a different place in Tennessee history. Stories may be about a famous person, place or event from Tennessee’s past. They will include things like priceless artifacts, pictures, videos, and even some games. Be sure to better understand the story by answering the questions at the end of each post.

After learning the story, be sure to share what you've learned with your parents, family, or friends. Try making your own exhibit about it, shooting a movie, or writing a story about it. Let your creativity run wild!

 

5-1-23

A Tale of Two Constitutions: The United States and Tennessee

By Philip Staffelli-Suel

 Welcome back Junior Curators! Today we are going to discuss how the first Tennessee State Constitution and the United States Constitution are alike. The United States document was written in 1787 while Tennessee’s was written in 1796. That is only nine years apart! The people who wrote the first Tennessee State Constitution looked to the U.S. Constitution as an example. We are going to look at the legislative, executive, and judicial branches of government and see how they compare. 

The First Page of the 1796 Tennessee State Constitution, Object ID 33633, Courtesy of the Tennessee State Library and Archives

Legislative

 

U.S. Constitution: The legislative branch, known as Congress, is divided into two parts: the House of Representatives and the Senate. Members of the House serve two-year terms while members of the Senate serve five-year terms. You must be at least 25 years old to join Congress and 30 years for the Senate. The number of legislators in the House of Representatives is based on population. There are currently 435 Representatives. Each state has two senators. That makes 100 Senators total. The head of the Senate is the U.S. Vice President. Even though both parts have the same basic job, they sometimes have different powers. The House of Representatives is responsible for bringing articles of impeachment against an elected official and the Senate is responsible for the trial. 

 

1796 Tennessee Constitution: The legislative branch, known as the General Assembly, is divided into two parts, the House of Representatives and the Senate. Originally, both chambers were elected every two years under this document. Today, it’s two years for the House and four years for the Senate. You had to own 200 acres of land to be eligible to be a member of the General Assembly. The number of legislators is based on population. The Speaker of the Senate is the Lt. Governor in the state. The House of Representatives is responsible for bringing articles of impeachment against an elected official and the Senate is responsible for the trial.

 

Executive

 

U.S. Constitution: The President is the head of the executive branch of government. This person is chosen by the electoral college, based on the popular vote in each state. The President oversees the military, negotiates treaties, and appoints federal judges including those to the U.S. Supreme Court. The President serves four-year terms. 

 

1796 Tennessee Constitution: The Governor is the head of the executive branch of government. This person is chosen by popular vote. The Governor oversees the state’s militia and appoints judges to the Tennessee Supreme Court. This branch is responsible for relations with other states and with Native Americans. The Governor under this constitution served two-year terms (today it is four-year terms).

 

Judicial

 

U.S. Constitution: Federal Judges and U.S. Supreme Court Judges are appointed by the President and approved by the Senate. The role of the judicial branch of government is to judge whether something is constitutional. Judges in this branch serve for life or until they chose to retire.

 

1796 Tennessee Constitution: Under the originally constitution, the General Assembly was given the job to set up courts however they wanted to. That was one of the big reasons Tennessee had to create a new constitution in 1834. Today, Tennessee Supreme Court judges are appointed by the Governor of the state and approved by the General Assembly. They are responsible for judging if something is constitutional as it relates to the State Constitution. Under the current State Constitution, these judges serve eight-year terms.

Image of the 1870 bound and printed copy of "The New Constitution of the State of Tennessee,” TSM Collection 1998.8.30

As we see, there are some similarities and differences between the United States Constitution and the 1796 Tennessee State Constitution. None of these constitutions are the same as they were when they were written. There are three versions of the Tennessee State Constitution, the original 1796 document, one in 1834, and another in 1870. Both the United States and the Tennessee constitutions have amendments that change or add to the way both these governments function. These documents could continue to change. The Tennessee State Constitution can add an amendment by popular vote, while the United States system requires three-fourths of the country’s states to approve the amendment. 

 

Constitution - a document that sets up the rules for a government.

Legislative – the branch of government that has the power to make laws.

Executive - the branch of government that enforces laws.

Judicial – the branch of government that reviews laws and the Constitution.

Impeachment - the process of accusing a government official of breaking the law. This could lead to that person being removed from their position.

Militia – a voluntary army or group of fighters.

Constitutional - if something is legal or allowed under the Constitution.

What are three similarities and three differences between the two constitutions?

Why do you think the Tennessee State Constitution would want to base their government so closely off the United States document?

What are some of the amendments to the U.S. Constitution? Why would an amendment be needed? 

Which branch of government would you want to be part of? Why?

Go to this website and look at the three different Tennessee State Constitutions. What do you notice?

 

Philip Staffelli-Suel is an educator at the Tennessee State Museum.

 

Tennessee State Standards

1.15 Identify the Governor and the President, and explain their roles.

2.21 Recognize that the U.S. has a constitution, which is the basis for our nation’s laws.

2.22 Recognize that Tennessee has a constitution, which is the basis for our state’s laws.

2.23 Describe the three branches of U.S. government and the basic role of each.

4.14 Describe the principles embedded in the Constitution, including:

  • Purposes of government (listed in the Preamble)
  • Separation of powers
  • Branches of government
  • Checks and balances
  • Recognition and protection of individual rights (in the 1st Amendment)

5.35 Describe the steps that Tennessee took to become a state (i.e., population requirement, vote by the citizens, creation of a state constitution, and Congressional approval). (T.C.A. § 49-6-1028)

Posted by Christopher Grisham at 15:14
Statehood/Early Tennessee
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