“The government gains its legitimacy through public participation, and Tennessee fully embraced this principle from the beginning,” said Jonathan Skrmetti, the Attorney General of Tennessee.
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Guest columnist
On June 1, 1796, Tennessee’s application to become the sixteenth state in the United States was approved by Congress, marking a significant milestone in our nation’s history. President George Washington warmly welcomed Tennessee to the Union, cementing its place among the states.
Americans were still adjusting to the federal system established by the U.S. Constitution, which was less than a decade old at the time.
The founders of the national Constitution constructed our government with a clear objective in mind: to prevent the accumulation of power. The people of Tennessee embraced this principle and established a state constitution that Thomas Jefferson lauded as “the least flawed and most democratic among state constitutions.”
The division of power between the national government and state governments is crucial to safeguarding our liberty. This division is reflected in the separation of powers among the executive, legislative, and judicial branches at both levels of government. Additionally, at the state level, the executive power is further divided among various officials.
Each level and branch of government serves the purpose of monitoring and balancing the other branches. The rights protected by the federal and state constitutions establish clear boundaries on the government’s authority to encroach upon individual liberties. While the legislature is responsible for creating laws and the executive for enforcing them, their actions must align with the limits outlined in the federal and state constitutions.
Tennessee Attorney General takes a stand in controversial cases: ‘If I don’t step up, who will?’
The Tennessee Attorney General has been defending controversial cases, firmly believing that it is his responsibility to do so. He recognizes that if he doesn’t step up, there may not be anyone else willing to take on these challenging cases. Upholding justice is at the core of his work, and he feels a deep sense of duty to ensure that all voices are heard and represented in the legal system.
Tennessee Constitution says that all power is ‘inherent’ in the people
Every institution of government is intricately connected to the people it serves. It is crucial to remember that the people hold the power to decide not only who occupies various offices but also the extent of authority those offices possess.
The significance of our system lies in the fact that the federal and state constitutions, which define it, were approved by the people. Moreover, the people have the power to modify these constitutions as they see fit. Similarly, the laws enacted under these constitutions hold importance because they were passed by the elected representatives chosen by the people, following the established procedures outlined in the constitutions.
The first Constitution of Tennessee clearly affirms that all power resides within the people, and that free governments are established based on their authority. The people initiated the creation of the federal government, with the intention of establishing a government with limited power. This power is primarily focused on matters such as foreign affairs, national defense, and interstate commerce.
The founding fathers did not intend for Supreme Court justices or other judges to be political.
State governments have been entrusted with extensive powers to enact legislation addressing the myriad of everyday issues that communities encounter. This includes matters pertaining to education, law enforcement, healthcare, and various other aspects that shape our daily lives.
State vs. federal government litigation sustains our republic
The states often take action to counteract the federal government’s overreach when it exceeds its constitutional powers. This is why my office frequently files lawsuits against the federal government. Most of the time, these lawsuits are a result of federal agencies unlawfully implementing regulations that infringe upon the people of Tennessee’s right to self-governance.
In certain instances, Tennessee may face lawsuits from the federal government, as it claims that certain state laws or practices infringe upon constitutional rights. Such legal actions serve as an essential component of upholding our esteemed Republic, where the system of checks and balances comes into play.
Lawsuits provide a short-term remedy, but they are not a permanent solution. The responsibility for shaping and enforcing our laws lies with the people, as they are the ones who create and uphold them.
The government derives its legitimacy from the active engagement of the public, and Tennessee fully embraced this concept from the beginning. An interesting aspect of the original 1796 Tennessee Constitution is its inclusive acknowledgment of the right to vote. Although it didn’t encompass all adults initially, as that achievement required significant efforts, a war, and multiple constitutional amendments, it marked a remarkable departure from the property-based limitations on voting rights prevalent in other states. In Tennessee, every free adult male had the opportunity to participate in the electoral process. This progressive approach ensured that everyone had a voice in shaping the state’s decisions.
Tennessee Attorney General, Jonathan Skrmetti, emphasizes the importance of preserving the Constitution.
Statehood is about individuals assuming the responsibility of self-governance while also being active participants in the larger nation. On Statehood Day, it is important for Tennesseans to remember that they are not mere subjects of the government, but rather the ones in control. Every voter in Tennessee has an equal opportunity to have their voice heard and their vote counted in shaping the state’s governance. In a democratic society, it is natural that there will be times when our preferences prevail and times when they do not. Such is the nature of democracy, and it is a price worth paying.
On Statehood Day, it is essential to remember that you, as a citizen of Tennessee, hold immense power. It is crucial to utilize this power wisely. Take the time to educate yourself about the issues and institutions that you have control over. Speak your mind freely and be receptive to others’ perspectives. The concept of self-government can only thrive if we fulfill our obligations as responsible citizens. Our most significant accomplishment will be passing on these privileges and responsibilities to future generations. We are fortunate to be residents of the greatest state in the nation, and may we preserve this status for many generations to come.
