10/16/2026
Early voting started October 14th, which means that some of you have already seen the three proposed amendments to the Tennessee Constitution that are on the ballot this election. I want to focus on Amendment 1.
Amendment 1 changes Article I, Section 15 of the Tennessee Constitution by allowing a court to hold a defendant without bail before trial when that defendant is accused of: an offense punishable by the death penalty, an act of terrorism, second degree murder, aggravated r**e of a child, aggravated r**e, grave torture, or any crime for which a convicted person would be required to serve 85% of their sentence.
On its face, it sounds great. It fits the "tough on crime" agenda, it makes people feel safe. Don't let our legislators fool you. They know what they're doing by phrasing the Amendment this way, and they are trying to get an emotional response from you rather than a logical one. Murder, r**e, torture--three of the worst crimes that you can think of. And then they add in, "any crime for which a convicted person would be required to serve 85% of their sentence." This additional phrase added on the end of the Amendment just added over 60 other crimes that this proposition would apply to. And worse, if a crime becomes an 85% offense in the future, this proposition would apply to those crimes as well. They are taking away the right to bail for tenfold the number of charges you think they are, and leaving the door open to add more--and they're going to do it by selling it to you as something it's not. It is not just people accused of murder, r**e, and torture this will affect. It is your average, every day citizen who gets charged with Aggravated Assault after brandishing a fi***rm after being nearly run off the road by a crazy driver. It is your friend who was arrested for Public Indecency after having too much to drink and peeing outside of a bar. It is your son, who was falsely accused of Domestic Assault by his wife because she knows it might help her in her divorce proceedings. This isn't going to hurt the evil people of the world--judges are already using their discretion to set their bail for hundreds of thousands or even millions of dollars, preventing people charged with those offenses from being released--but it will affect the average citizen.
For 250 years, Americans have fought for freedom. They've fought to protect the Constitution and the rights that Constitution bestows upon us. Why would we give up freedom for the illusion of safety? Why would citizens, who are presumed innocent until proven guilty, give the government the power to keep them in jail based only on an accusation? Giving up YOUR right to bail, YOUR freedom, because of the actions of another shouldn't be the answer.
The Legislators of Tennessee did this intentionally. They're pulling on your emotions, using buzz words, and hoping you're not paying attention. Don't let them fool you, and don't give up your freedom for the illusion of safety. Vote NO to Amendment 1.
