Tennessee General Assembly
Encyclopedia
The Tennessee General Assembly is the state legislature of the U.S. state
of Tennessee
.
of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives
of ninety-nine members.
The representatives are elected to two-year terms; according to a 1966 constitutional amendment the senators are elected to four-year terms which are staggered, with the districts with even numbers being elected in the year of Presidential
elections and the those in the districts with odd numbers being elected in the years of Tennessee gubernatorial elections.
Legislators also receive an "office allowance" of $1,000 per month, ostensibly for the maintenance of an office area devoted to their legislative work in their homes or elsewhere within their district. Traditionally, it has been easier, politically-speaking, to raise the per diem and office allowance than the salary.
The speaker
of each house is entitled to a salary triple that of other members. Under a law enacted in 2004, legislators will receive a raise equally to that given to state employees the previous year, if any.
The governor may also call "extraordinary sessions", limited to the topic or topics outlined in the call, limited to another twenty days. Two-thirds of each house may also initiate such a call by petitioning for it.
money is a boon to legislators who live within a realistic commuting distance of Nashville, but is a limiting factor in the lifestyle of those who live farther away; many share apartments during the term. The allowance, if claimed, is taxable income for federal income tax purposes for those legislators living within a 50-mile radius of Nashville
, the state capital.
Generally speaking, "legislative days" are scheduled no more than three days a week during the session. Legislative sessions in both the House and Senate occur on Mondays, Wednesdays, and Thursdays. Tuesdays and the majority of Wednesdays are used primarily for committee meetings and hearings rather than actual sessions. Tuesdays and Wednesdays in the Tennessee Capitol also take on an eclectic flavor most weeks, as varied and diverse constituent groups set up display booths to inform lawmakers about their respective causes.
Sessions begin each year in January and usually end by May; during recent fiscal crises meetings have spilled on into July. The time limit on reimbursed working days and the fact that the Tennessee state government fiscal year is still on a July 1 – June 30 basis puts considerable time pressure on the General Assembly, especially with regard to the adoption of a budget.
Membership in the legislature is best regarded as being a full-time job during the session and a part time job the rest of the year due to committee meetings and hearings (for which legislators are reimbursed their expenses and receive a mileage allowance). A few members are on enough committees to make something of a living from being legislators; most are independent business people and attorneys
, although the latter group is perhaps no longer the absolute majority of members that it at one time comprised. In keeping with Tennessee's agricultural roots, many senators and representatives are farmers.
Lobbyists are not allowed to share meals with legislators on an individual basis, but they are not forbidden from inviting the entire legislature or selected groups to events honoring them, which has become a primary means of lobbying. Members are also forbidden from holding campaign fundraising events for themselves during the time they are actually in session.
; the Speaker of the Senate carries the additional title and office of Lieutenant Governor of Tennessee
. For over three decades, both speakers were from West Tennessee
; this caused considerable resentment in the eastern two-thirds of the state. From 1971 until January 2007, Tennessee had the same Lieutenant Governor, John S. Wilder
, a Democrat
. Wilder was re-elected to the position even after Tennessee Republicans re-took the State Senate in the 2004 election. However, in January 2007, after Republicans gained additional seats in the 2006 General Assembly elections, the Senate elected Republican
Ron Ramsey
(from East Tennessee
) to the office of Lieutenant Governor.
federal
census
on a decennial basis; in practice this was not done between 1902 and 1962, a fact resulting in the United States Supreme Court decision in Baker v. Carr
(369 US 186) required this action to be taken and subjected it to judicial review
. Afterwards, there have been other lawsuits, including one which resulted in an order for the body to create a black
-majority district in West Tennessee
in the House in the late 1990s.
, State Treasurer, and the Comptroller of the Treasury, who serves many of the functions of an auditor -- are selected by the General Assembly in joint convention, where each member of the General Assembly is accorded a single vote and the office is awarded to the first candidate to receive a majority of the votes (67 of 132).
The General Assembly selects the seven members of the State Election Commission. It selects four members from the majority party (the one controlling the majority of the 132 total seats) and three members from the minority party. In theory, they then select the members of the 95 county election commissions; in practice the General Assembly members tell which members of their party from their districts should be elected and the parties themselves select the members from the party which is not represented in that county by either a state senator or a state representative.
; the General Assembly is also to decide the election by joint convention according to the constitution in the event of an exact tie in the popular vote, an extremely unlikely proposition.
s to the state constitution, but only through one of two time-consuming processes:
The amendment must then be put on the statewide ballot, but only at a time when an election for governor is also being held. The amendment to be passed must receive over half of the total votes cast in the gubernatorial election in order to be ratified
and come into effect.
The 1870 constitution of Tennessee had never been amended in this manner until 1998, when the "Victims' Rights Amendment" was added; a similar process was used in 2002 to enact the state lottery
.
Two amendments proposed by the General Assembly were presented to voters on the 2006 ballot. In 2005 the "Tennessee Marriage Protection Amendment
," specifying that only marriages between a man and a woman could be legally recognized in the state, was approved for submission to the voters in 2006. The ACLU had previously challenged the validity of the ballot initiative by asserting that a constitutional obligation to advertise the amendment had not been satisfied. However, on February 23, 2006, Davidson County
Chancellor
Ellen Hobbs Lyle ruled that the proposed amendment would be on the ballot in 2006. Both that amendment and an amendment authorizing exemption of senior citizens from property tax
increases were approved by voters in November 2006.
In 2010, voters approved an amendment providing a right to hunt and fish within state regulations.
If the voters approve this in a statewide election they then, at the next statewide election, elect delegates to this convention. This body then meets (in the House chamber of the State Capitol) and makes its recommendations. These recommendations can be voted on in any election, either one specially called or in conjunction with other statewide elections, and need only pass by a majority of those casting votes.
This method can not be employed more often than once every six years.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
.
Constitutional structure
According to the Tennessee State ConstitutionTennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee....
of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
of ninety-nine members.
The representatives are elected to two-year terms; according to a 1966 constitutional amendment the senators are elected to four-year terms which are staggered, with the districts with even numbers being elected in the year of Presidential
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
elections and the those in the districts with odd numbers being elected in the years of Tennessee gubernatorial elections.
Part-time legislature
To keep the legislature a part-time body, it is limited to ninety "legislative days" per two-year term, plus up to fifteen days for organizational purposes at the start of each term. A legislative day is considered any day that the House or Senate formally meets in the chambers of each house. If it remains in session longer than ninety legislative days, lawmakers cease to draw their expense money, currently set at $171 per legislative day. Legislators were paid a base salary of $19,009 along with the per diem.Legislators also receive an "office allowance" of $1,000 per month, ostensibly for the maintenance of an office area devoted to their legislative work in their homes or elsewhere within their district. Traditionally, it has been easier, politically-speaking, to raise the per diem and office allowance than the salary.
The speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of each house is entitled to a salary triple that of other members. Under a law enacted in 2004, legislators will receive a raise equally to that given to state employees the previous year, if any.
The governor may also call "extraordinary sessions", limited to the topic or topics outlined in the call, limited to another twenty days. Two-thirds of each house may also initiate such a call by petitioning for it.
Legislative schedule
The expense per diemPer diem
Per diem refers to a specific amount of money that an organization allows an individual to spend per day, to cover living and traveling expenses in connection with work...
money is a boon to legislators who live within a realistic commuting distance of Nashville, but is a limiting factor in the lifestyle of those who live farther away; many share apartments during the term. The allowance, if claimed, is taxable income for federal income tax purposes for those legislators living within a 50-mile radius of Nashville
Nashville, Tennessee
Nashville is the capital of the U.S. state of Tennessee and the county seat of Davidson County. It is located on the Cumberland River in Davidson County, in the north-central part of the state. The city is a center for the health care, publishing, banking and transportation industries, and is home...
, the state capital.
Generally speaking, "legislative days" are scheduled no more than three days a week during the session. Legislative sessions in both the House and Senate occur on Mondays, Wednesdays, and Thursdays. Tuesdays and the majority of Wednesdays are used primarily for committee meetings and hearings rather than actual sessions. Tuesdays and Wednesdays in the Tennessee Capitol also take on an eclectic flavor most weeks, as varied and diverse constituent groups set up display booths to inform lawmakers about their respective causes.
Sessions begin each year in January and usually end by May; during recent fiscal crises meetings have spilled on into July. The time limit on reimbursed working days and the fact that the Tennessee state government fiscal year is still on a July 1 – June 30 basis puts considerable time pressure on the General Assembly, especially with regard to the adoption of a budget.
Membership in the legislature is best regarded as being a full-time job during the session and a part time job the rest of the year due to committee meetings and hearings (for which legislators are reimbursed their expenses and receive a mileage allowance). A few members are on enough committees to make something of a living from being legislators; most are independent business people and attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, although the latter group is perhaps no longer the absolute majority of members that it at one time comprised. In keeping with Tennessee's agricultural roots, many senators and representatives are farmers.
Lobbyists are not allowed to share meals with legislators on an individual basis, but they are not forbidden from inviting the entire legislature or selected groups to events honoring them, which has become a primary means of lobbying. Members are also forbidden from holding campaign fundraising events for themselves during the time they are actually in session.
Leadership
Each house sets its own rules and elects its own speakerSpeaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
; the Speaker of the Senate carries the additional title and office of Lieutenant Governor of Tennessee
Lieutenant Governor of Tennessee
The Lieutenant Governor of Tennessee is the Speaker of the Tennessee Senate and first in line in the succession to the office of Governor of Tennessee in the event of the death, resignation, or removal from office through impeachment and conviction of the Governor of the U.S...
. For over three decades, both speakers were from West Tennessee
West Tennessee
West Tennessee is one of the three Grand Divisions of the State of Tennessee. Of the three, it is the one that is most sharply defined geographically. Its boundaries are the Mississippi River on the west and the Tennessee River on the east...
; this caused considerable resentment in the eastern two-thirds of the state. From 1971 until January 2007, Tennessee had the same Lieutenant Governor, John S. Wilder
John S. Wilder
John Shelton Wilder was an American politician who was a Tennessee state senator from 1959 to 1961 and again from 1967 to 2009 and the 48th lieutenant governor of Tennessee from 1971 to 2007, possibly the longest time anyone has served as Lieutenant Governor or a similar position in the history of...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
. Wilder was re-elected to the position even after Tennessee Republicans re-took the State Senate in the 2004 election. However, in January 2007, after Republicans gained additional seats in the 2006 General Assembly elections, the Senate elected Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Ron Ramsey
Ron Ramsey
Ronald Lynn "Ron" Ramsey is the Lieutenant Governor of Tennessee and Speaker of the State Senate. A Republican from Blountville in East Tennessee, Ramsey succeeded long-term Democratic Lieutenant Governor John S...
(from East Tennessee
East Tennessee
East Tennessee is a name given to approximately the eastern third of the U.S. state of Tennessee, one of the three Grand Divisions of Tennessee defined in state law. East Tennessee consists of 33 counties, 30 located within the Eastern Time Zone and three counties in the Central Time Zone, namely...
) to the office of Lieutenant Governor.
Composition
The General Assembly districts of both houses are supposed to be reapportioned based on population as determined by the U.S.United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
on a decennial basis; in practice this was not done between 1902 and 1962, a fact resulting in the United States Supreme Court decision in Baker v. Carr
Baker v. Carr
Baker v. Carr, , was a landmark United States Supreme Court case that retreated from the Court's political question doctrine, deciding that redistricting issues present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases...
(369 US 186) required this action to be taken and subjected it to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. Afterwards, there have been other lawsuits, including one which resulted in an order for the body to create a black
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
-majority district in West Tennessee
West Tennessee
West Tennessee is one of the three Grand Divisions of the State of Tennessee. Of the three, it is the one that is most sharply defined geographically. Its boundaries are the Mississippi River on the west and the Tennessee River on the east...
in the House in the late 1990s.
Legislation
The General Assembly is recognized by the State Constitution as the Supreme Legislative Authority of the State. It is the General Assembly's responsibility to pass a Budget for the functioning of the State government. Each year, the Governor, in his State of the State address, outlines his budget priorities; the Assembly, in joint session, is present for the speech.Appointments
According to the state constitution, three positions in state government collectively referred to as the "Constitutional Officers" -- the Secretary of StateTennessee Secretary of State
The Tennessee Secretary of State is the state secretary of state for the State of Tennessee.The office is created by the Tennessee State Constitution. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee...
, State Treasurer, and the Comptroller of the Treasury, who serves many of the functions of an auditor -- are selected by the General Assembly in joint convention, where each member of the General Assembly is accorded a single vote and the office is awarded to the first candidate to receive a majority of the votes (67 of 132).
The General Assembly selects the seven members of the State Election Commission. It selects four members from the majority party (the one controlling the majority of the 132 total seats) and three members from the minority party. In theory, they then select the members of the 95 county election commissions; in practice the General Assembly members tell which members of their party from their districts should be elected and the parties themselves select the members from the party which is not represented in that county by either a state senator or a state representative.
Gubernatorial election dispute
A contested gubernatorial election is also to be decided by a joint convention of the General Assembly according to statutory lawStatutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
; the General Assembly is also to decide the election by joint convention according to the constitution in the event of an exact tie in the popular vote, an extremely unlikely proposition.
Amending the State Constitution
The General Assembly can propose amendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s to the state constitution, but only through one of two time-consuming processes:
Legislative initiative
For the legislature to propose amendments to the state constitution directly, an amendment must first be passed by an absolute majority of the membership of each house during one term of the Assembly. Then, during the next General Assembly term, each house must pass the amendment again, this time by a two-thirds majority.The amendment must then be put on the statewide ballot, but only at a time when an election for governor is also being held. The amendment to be passed must receive over half of the total votes cast in the gubernatorial election in order to be ratified
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
and come into effect.
The 1870 constitution of Tennessee had never been amended in this manner until 1998, when the "Victims' Rights Amendment" was added; a similar process was used in 2002 to enact the state lottery
Lottery
A lottery is a form of gambling which involves the drawing of lots for a prize.Lottery is outlawed by some governments, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments...
.
Two amendments proposed by the General Assembly were presented to voters on the 2006 ballot. In 2005 the "Tennessee Marriage Protection Amendment
Tennessee Marriage Protection Amendment
Tennessee Amendment 1 of 2006 is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specifies that only a marriage between a man and a woman can be legally recognized in the state of Tennessee...
," specifying that only marriages between a man and a woman could be legally recognized in the state, was approved for submission to the voters in 2006. The ACLU had previously challenged the validity of the ballot initiative by asserting that a constitutional obligation to advertise the amendment had not been satisfied. However, on February 23, 2006, Davidson County
Davidson County, Tennessee
Davidson County is a county located in the U.S. state of Tennessee. As of 2010, the population was 626,681. Its county seat is Nashville.In 1963, the City of Nashville and the Davidson County government merged, so the county government is now known as the "Metropolitan Government of Nashville and...
Chancellor
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
Ellen Hobbs Lyle ruled that the proposed amendment would be on the ballot in 2006. Both that amendment and an amendment authorizing exemption of senior citizens from property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
increases were approved by voters in November 2006.
In 2010, voters approved an amendment providing a right to hunt and fish within state regulations.
Constitutional convention
The more usual method of amending the state constitution, and the one used in the past (all amendments prior to 1998), is for the General Assembly to put on the ballot the question of whether a limited constitutional convention should be called for the purpose of considering amendments to certain specified provisions of the constitution.If the voters approve this in a statewide election they then, at the next statewide election, elect delegates to this convention. This body then meets (in the House chamber of the State Capitol) and makes its recommendations. These recommendations can be voted on in any election, either one specially called or in conjunction with other statewide elections, and need only pass by a majority of those casting votes.
This method can not be employed more often than once every six years.
External links
- Tennessee General Assembly official website
- Tennessee.gov, State portal