Tennessee's first constitution was adopted in 1796, just before the state was admitted to the Union. It vested executive authority in a governor, elected for two years, who had to be at least 25 years old and own at least 500 acres (202 hectares) of land. The governor could approve or veto bills adopted by the legislature, as commander-in-chief of the militia, and could grant pardons and reprieves, among other powers. Legislative power was placed in a general assembly, consisting of a house and senate, whose members served terms of two years. Candidates for the legislature were required to fulfill residence and age requirements and to own at least 200 acres (81 hectares). Property qualifications were not required for voting, and all freemen—including free blacks—could vote.
The basic governmental structure established in 1796 remains the fundamental law today. The constitution has been amended 36 times as of January 2003, however. The spirit of Jacksonian democracy prompted delegates at the constitutional convention of 1834 to remove property qualifications as a requirement for public office, reapportion representation, transfer the right to select county officials from justices of the peace to the voters, and reorganize the court system. At the same time, though, free blacks were disfranchised. In 1870, another constitutional convention confirmed the abolition of slavery and the enfranchisement of black men but imposed a poll tax as a requirement for voting. Membership of the house was fixed at 99 and the senate at 33-numbers, these numbers are retained today. Assembling each January, regular sessions are limited to 90 legislative days. Special sessions, limited to 30 legislative days, may be called by petition of two-thirds of each house. All legislators must be US citizens, qualified voters in their districts, citizens of the state, and must have lived in the state for at least three years. Senators are required to be at least 30 years old and representatives 21. The legislative salary in 2002 was $16,500, unchanged from 1999.
In the constitutional convention held in 1953, delegates increased the gubernatorial term from two to four years, gave the governor item-veto, eliminated the poll tax, authorized home rule for cities, and provided for the consolidation of county and city functions. Later conventions extended the term of state senators from two to four years, sought to improve and streamline county government, and placed a constitutional limit on state spending. A limited convention in 1965 required the apportionment of the legislature according to population. This change greatly increased the weight of urban, and particularly black, votes.
The governor, the only executive elected statewide, appoints a cabinet of 21 members. The speaker of the state senate automatically becomes lieutenant governor; the secretary of state, treasurer, and comptroller of the treasury are chosen by the legislature. The governor is limited to serving two consecutive terms. A candidate for governor must be at least 30 years old, a US citizen, and must have been a state citizen for at least seven years prior to election. In 2002 the governor's salary was $85,000, unchanged from 1999.
Legislation is enacted after bills are read and approved three times in each house and signed by the governor. If the governor vetoes a measure, the legislature may override the veto by majority vote of the elected members of each house. If the governor does not act on a bill, it becomes law after 10 days. Not more often than once every six years the legislature may submit to the voters the question of calling a convention to amend the constitution. If the vote is favorable, delegates are chosen. Changes proposed by the convention must be approved by a majority vote in a subsequent election. To amend the constitution, a majority of the members elected to both houses must first approve the proposed change. A second (two-thirds) vote by the legislature is required before the measure is put before the state's voters for majority approval.
Voters must be US citizens, at least 18 years old, and state residents. Restrictions apply to convicted felons and those declared mentally incompetent by the court.