Tennessee’s Constitution, Once the “Least Imperfect and Most Republican of the State Constitutions”

Thomas Jefferson referred to the Tennessee Constitution as the “least imperfect and most republican of the state constitutions” when he received it in 1796.

At the time, a group of 55 delegates, 5 from each of the 11 counties, gathered in Knoxville and convened for four weeks to write a constitution that would officially declare the written boundaries of the Southwest Territory the 16th state of Tennessee. They recognized that in order for people to have the most power, they didn’t need to own property in order to vote, they just needed to be free. They saw other states give more power to the Governor rather than to the elected representatives. And perhaps most importantly, and why Jefferson would attribute our state as being the “most republican”, they gave a clear and direct charge to the people if their government ever stepped outside of protecting the people.

The frontiersmen who found themselves in what is now the Volunteer State, recognized the need to create a system of government that would ensure the power was put in the hands of the people. From the beginning of our statehood, Tennessee prioritized a list of rights that must be protected. The first being that power must always reside in the hands of the people.

Article 11, Declaration of Rights, Section 1

“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 may think proper.”

Our state founders articulated what our nation’s founders knew, that power corrupts and governments will always struggle to keep from becoming tyrannical.

All power was put in the hands of the people and it is the government’s responsibility to ensure our authority is protected. This first declaration also clearly communicated that the government’s role has been instituted to protect our peace, safety and happiness and if the government chooses not to prioritize those values, the people have an implicit charge to “alter, reform, or abolish” it. 

The power of our government was never intended to sit in the hands of the wealthy and elite. It was never intended to be driven by corporate welfare, which prioritizes out of state wealth over the small business owners. The government, as stated by our founders, was intended to protect the men and women of Tennessee first.

The second right our state founders articulated was the time for resistance against our government.

Article 11, Declaration of Rights, Section 2

“That Government being instituted for the common benefit, the doctrine of non resistance against arbitrary Power and oppression is absurd, slavish and destructive to the good and happiness of mankind.”

Our own state constitution, when written in 1796, clearly stated that if our government chooses to oppress the people or exert arbitrary power over them, the idea of “non resistance” is not only absurd, but slavish! Choosing not to act on government over-reach is “destructive to the good and happiness of mankind”. 

Our state’s constitutional convention was led by William Blount, who served at the Constitutional Convention in 1787 and was a signer of our country’s Constitution. He caught the attention of General George Washington, who appointed him as Governor over the Southwest Territory. Blount knew the realities of tyranny from being in the discussions of our nation’s founding. He understood that people must be equipped and ready to stand against a government who does not prioritize the people they are elected to serve, and therefore, our state’s founders were sure to include such a strong statement.

The third right this group of delegates included was a clear protection of all to have the option to worship “Almighty God”.

Article 11, Declaration of Rights, Section 3

“That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences’ that no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent, that no human authority can in any case whatever Control or interfere with the rights of conscience; and that no preference shall ever be given by Law to any religious Establishments or modes of worship.”

Notice our founders were clear, man cannot be compelled to attend worship or engage in ministry outside of his own conscience. This is an important freedom we must understand as we are seeing Sharia Law creep into our country and state.

Islam requires Muslims to participate in certain practices, they are compelled by Sharia Law to uphold the tenets of their religion. This is not freedom, it does not complement our state or federal laws. Our founders never intended for religions who require submission to another set of laws entirely, be free to pursue those laws in the United States. 

It’s important to note that in Article 8, Section 2d of our state’s original constitution, all elected positions had to believe in God, in Heaven and in Hell.

“No person who denies the being of God or a future State of rewards and punishments shall hold any office in the civil Department of this State.”

All 16 states had a similar oath for elected officials, they all had to publicly declare a faith in God. This was overturned in the 1960’s as the Supreme Court stated it was a violation to the First Amendment.

Our state founders knew that having a rightful understanding of God’s sovereignty and our role in His Kingdom was crucial to serve in government positions in Tennessee.  They expected those who were elected by the people to keep a Biblical perspective of service, to have a working knowledge of sin and the consequences of it. 

William Blount and the 54 men who were delegated to write our initial government structure for Tennessee understood three vital components that were necessary for us to keep our republic.

The power of our government rested in the hands of the people. Not the elite. Not those who could raise the most amount of money from across the country. Not those who see elected positions as stepping stools to more power. The government’s authority rested in the everyday person, the men and women who want to honor God, raise families and work to support them.

Second, they knew the temptation for those in government to lose sight of their obligation to serve the people rather than their own selfish ambitions, so they clearly stated the rights of the people to stand in opposition if it were to happen in Tennessee.

And lastly, they prioritized personal faith and the freedom we must have in order to choose it. 

These three rights remain in our state’s constitution to this day, they have withstood the changes over the years and are therefore part of Tennessee’s DNA. But it’s up to us to exert this authority and participate in the legislative process. When we don’t, we get legislators who are far removed from the electorate and lose sight of their stated role, to protect our “peace, safety and happiness”.

Resources:

​​https://tsla.tnsosfiles.com/digital/teva/transcripts/33633.pdf

Like this article?

Share on Facebook
Share on X
Share on Linkdin
Share on Telegram