In Tennessee, a bipartisan group of state legislators has put forward a proposed state constitutional amendment that could see judges granted more discretion to detain individuals without bail prior to trial for specific violent criminal charges. The announcement was made by Tennessee House Speaker Cameron Sexton at Memphis City Hall.
Currently, the Tennessee Constitution allows judges to deny bail only for charges that carry the possibility of the death penalty, which are primarily limited to first-degree murder cases. Despite the bipartisan support, the proposal has faced criticism from some quarters, including Rep. Justin Pearson, one of two state legislators who were expelled last year following a House floor protest advocating for gun control.
This is not ‘bail reform’ — it’s an extremist attack on constitutional rights and fundamental American values that are supposed to be based on being innocent until proven guilty. It will not fix any problem that exists, and it will not make us safer.
Under Tennessee’s process for amending its constitution, the proposed amendment must first pass through both the state’s House and Senate during one two-year General Assembly. In the second round, it needs to achieve a supermajority (at least two-thirds of the vote) in both chambers before being put to a general vote.
The Eighth Amendment of the US Constitution bans excessive bail or fines, while according to a 2022 report from the National Conference of State Legislatures (NCSL), over 20 states have adjusted their constitutional bail provisions, thus permitting expanded pretrial detention in several ways.