The next two amendments on our ballot address property taxes and victims’ rights. As voters, we have a responsibility to educate ourselves before voting on changes to our state’s highest governing document.
Unlike ordinary statutes, constitutional amendments establish or change provisions that the General Assembly cannot simply revise through ordinary legislation. If approved by voters, these amendments become part of our state constitution, and future legislators may enact laws to implement them within the boundaries of it.
Understanding what each amendment actually changes—and how it could be applied in practice—is essential before we cast our votes.
Let’s look at amendment #2:
This amendment is based on SJR 1, which passed the House and Senate in 2025. It proposes an amendment to the Tennessee Constitution that would prohibit the state from levying a property tax, ensuring that statewide property taxation is permanently banned. This amendment reinforces Tennessee’s commitment to private property rights and prevents future legislatures from imposing new state property taxes that could burden homeowners, farmers, and businesses.
While Tennessee has not imposed a state property tax since 1949, nothing in the current constitution prevents it from being reinstated in the future. This amendment guarantees that the state government will never be able to use property taxation as a means of revenue, leaving those decisions strictly to local governments.
Even at the county and municipal levels, property taxes inherently place private property under government control. A person may fully own their land, yet failure to pay property taxes means they can still lose their home or business to government seizure. This amendment is an important first step toward reining in the government’s ability to use property taxes as a tool of control.
By passing this amendment, Tennessee strengthens protections for property owners, ensures that future legislatures cannot revive a state property tax, and reinforces the principle that private property rights should never be subject to excessive government taxation or the threat of confiscation.
To be clear, this amendment ONLY prohibits the STATE from charging a property tax. Our local municipalities and counties do not fall under this amendment.
And last on this year’s ballot, amendment #3:
This last amendment will bring Tennessee into a list of others who have already constitutionally protected the victim of a crime.
Marsy’s Law for All, a nationwide organization, began when Marsy Ann Nicholas was murdered in 1983 in Southern California by an ex-boyfriend who stalked and murdered her. She was 21 years old.
A week later, after coming home from the funeral, the family stopped in a local market and the mother was confronted by her daughter’s murderer. The family had no idea the man had been released from jail. Since then, the family has worked to establish a more extensive list of rights for victims.
In Tennessee, victims of crimes already have most of the protections laid out in Marsy’s Law. Here’s what the constitution currently states in Article 1, Section 35:
“To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights:
- The right to confer with the prosecution.
- The right to be free from intimidation, harassment and abuse throughout the criminal justice system.
- The right to be present at all proceedings where the defendant has the right to be present.
- The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.
- The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person.
- The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
- The right to restitution from the offender.
- The right to be informed of each of the rights established for victims.
The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.”
This amendment will delete Section 35 of Article I, and replace it with,
“That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected:
(1) The right to be treated with fairness for the victim’s safety and dignity;
(2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
(3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
(4) The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;
(5) The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender;
(6) The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;
(7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;
(8) The right to full and timely restitution from the offender;
(9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;
(10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;
(11) The right to have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made;
(12) The right, upon request, to confer with the prosecution; and
(13) The right to be fully informed of all rights afforded to crime victims.”
If this amendment passes, the General Assembly will create substantive and procedural laws to define and implement these rights.
One question that should arise when reading through this amendment, what crimes will these rights apply to? Just as in Amendment #1, the list is not permanent and can be changed by a future General Assembly. Currently, the crimes this amendment refers to are Class A-E felonies, first degree murder or assault.
Another question should be, who defines what a victim is?
A victim is defined in Tennessee Code § 40-38-302 (2025):
- (i) A natural person against whom a crime was committed;
- (ii) If the victim is a minor, then the parent or legal guardian of the minor; or
- (iii) If the victim is deceased or is physically or emotionally unable to exercise the victim’s rights, then the following persons, or their designees, in the order of preference in which they are listed:
- (a) A family member; or
- (b) A person who resided with the victim
Marsy’s Law has been adopted as a constitutional victims’ rights framework in 12 states: California, Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin.
The final authority to approve or reject these proposed changes rests with the people of Tennessee. As conservatives, we vote with our principles.
The original intent of our constitution is to define how a government operates, the rules under which it serves us. Making changes to our state’s constitution is complicated, and it’s supposed to be. It’s supposed to cause us to slow down, to consider over the process of a few years, if the change is what’s best for the people.
Before you vote YES or NO on these three amendments, consider the ramifications. The constitution is not a living document, it does not ebb and flow with culture. These are rules that we, as moral people, have in place to protect our God-given rights and freedoms. It is not only a responsibility we have as Americans to participate in these decisions, but it is a privilege to exercise our authority with our vote.
Resources:
https://sos.tn.gov/elections/announcements/2026-proposed-constitutional-amendments
https://law.justia.com/codes/tennessee/title-40/chapter-38/part-3/section-40-38-302/
https://law.justia.com/constitution/tennessee/article-i/section-35/
https://www.marsyslaw.us/
Know Before You Vote: Tennessee’s Constitutional Amendments #2 and #3 Explained
The next two amendments on our ballot address property taxes and victims’ rights. As voters, we have a responsibility to educate ourselves before voting on changes to our state’s highest governing document.
Unlike ordinary statutes, constitutional amendments establish or change provisions that the General Assembly cannot simply revise through ordinary legislation. If approved by voters, these amendments become part of our state constitution, and future legislators may enact laws to implement them within the boundaries of it.
Understanding what each amendment actually changes—and how it could be applied in practice—is essential before we cast our votes.
Let’s look at amendment #2:
This amendment is based on SJR 1, which passed the House and Senate in 2025. It proposes an amendment to the Tennessee Constitution that would prohibit the state from levying a property tax, ensuring that statewide property taxation is permanently banned. This amendment reinforces Tennessee’s commitment to private property rights and prevents future legislatures from imposing new state property taxes that could burden homeowners, farmers, and businesses.
While Tennessee has not imposed a state property tax since 1949, nothing in the current constitution prevents it from being reinstated in the future. This amendment guarantees that the state government will never be able to use property taxation as a means of revenue, leaving those decisions strictly to local governments.
Even at the county and municipal levels, property taxes inherently place private property under government control. A person may fully own their land, yet failure to pay property taxes means they can still lose their home or business to government seizure. This amendment is an important first step toward reining in the government’s ability to use property taxes as a tool of control.
By passing this amendment, Tennessee strengthens protections for property owners, ensures that future legislatures cannot revive a state property tax, and reinforces the principle that private property rights should never be subject to excessive government taxation or the threat of confiscation.
To be clear, this amendment ONLY prohibits the STATE from charging a property tax. Our local municipalities and counties do not fall under this amendment.
And last on this year’s ballot, amendment #3:
This last amendment will bring Tennessee into a list of others who have already constitutionally protected the victim of a crime.
Marsy’s Law for All, a nationwide organization, began when Marsy Ann Nicholas was murdered in 1983 in Southern California by an ex-boyfriend who stalked and murdered her. She was 21 years old.
A week later, after coming home from the funeral, the family stopped in a local market and the mother was confronted by her daughter’s murderer. The family had no idea the man had been released from jail. Since then, the family has worked to establish a more extensive list of rights for victims.
In Tennessee, victims of crimes already have most of the protections laid out in Marsy’s Law. Here’s what the constitution currently states in Article 1, Section 35:
“To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights:
The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.”
This amendment will delete Section 35 of Article I, and replace it with,
“That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected:
(1) The right to be treated with fairness for the victim’s safety and dignity;
(2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
(3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
(4) The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;
(5) The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender;
(6) The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;
(7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;
(8) The right to full and timely restitution from the offender;
(9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;
(10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;
(11) The right to have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made;
(12) The right, upon request, to confer with the prosecution; and
(13) The right to be fully informed of all rights afforded to crime victims.”
If this amendment passes, the General Assembly will create substantive and procedural laws to define and implement these rights.
One question that should arise when reading through this amendment, what crimes will these rights apply to? Just as in Amendment #1, the list is not permanent and can be changed by a future General Assembly. Currently, the crimes this amendment refers to are Class A-E felonies, first degree murder or assault.
Another question should be, who defines what a victim is?
A victim is defined in Tennessee Code § 40-38-302 (2025):
Marsy’s Law has been adopted as a constitutional victims’ rights framework in 12 states: California, Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin.
The final authority to approve or reject these proposed changes rests with the people of Tennessee. As conservatives, we vote with our principles.
The original intent of our constitution is to define how a government operates, the rules under which it serves us. Making changes to our state’s constitution is complicated, and it’s supposed to be. It’s supposed to cause us to slow down, to consider over the process of a few years, if the change is what’s best for the people.
Before you vote YES or NO on these three amendments, consider the ramifications. The constitution is not a living document, it does not ebb and flow with culture. These are rules that we, as moral people, have in place to protect our God-given rights and freedoms. It is not only a responsibility we have as Americans to participate in these decisions, but it is a privilege to exercise our authority with our vote.
Resources:
https://sos.tn.gov/elections/announcements/2026-proposed-constitutional-amendments
https://law.justia.com/codes/tennessee/title-40/chapter-38/part-3/section-40-38-302/
https://law.justia.com/constitution/tennessee/article-i/section-35/
https://www.marsyslaw.us/
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Anne Lowery
Anne Lowery