Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Can Tennessee outsource its water and wastewater operator licensing exams to a third-party testing company without violating state law? And could a proposed law banning that practice run into constitutional problems?
Outsourcing the exam to a third party is likely fine under current Tennessee law because the certification statute gives the Board broad discretion over exam content. A future statute banning third-pa…
Could Tennessee legally pass a law letting the state nullify federal laws, executive orders, or court decisions it considers unconstitutional?
No. Senate Bill 1092 is constitutionally infirm. Tennessee's separation-of-powers doctrine bars the legislature and governor from declaring federal action unconstitutional (that's a judicial function)…
Can Tennessee bar its National Guard from active-duty combat overseas unless Congress formally declares war?
Probably not. House Bill 1609 (2024) is constitutionally suspect under the Supremacy Clause. Federal law already lets Congress and the President order Guard members into active service in war, nationa…
Would a Tennessee bill regulating motorboats carrying passengers for hire in tourist resort counties be preempted by federal law, and does its narrow application violate equal protection?
Partial preemption, no equal-protection problem. The AG concluded that the bill's state inspection and licensure requirements would likely be preempted as applied to inspected vessels (federal field p…
Can Tennessee deny a public weigher or weighmaster license to a non-citizen who is legally allowed to work in the U.S.?
No. The U.S.-citizenship requirements in Tenn. Code Ann. §§ 47-26-804 and 47-26-1004 likely violate the Equal Protection Clauses of the U.S. and Tennessee Constitutions because they discriminate again…
Could Tennessee's governor or legislature refuse to accept Syrian refugees (or refugees from any particular country or religion) that the federal government had already admitted?
No. The AG concluded that any such refusal would be preempted by federal law under the Supremacy Clause. Immigration and the admission of aliens is an exclusively federal power, and Tennessee could on…
Could Tennessee declare all federal weapons regulations void in the state and create a private cause of action against any government that tried to enforce one?
No. The AG concluded that SB 1756, which would have voided all federal arms regulations within Tennessee and locked out any local firearms rules, would violate the Supremacy Clause to the extent it re…
Could Tennessee pass a law declaring federal firearms regulations void within the state?
No. The AG concluded that SB 1607, which would have amended the Tennessee Firearms Freedom Act to declare federal firearms laws void as to any gun, accessory, or ammunition present in Tennessee, would…
Can a state ban United Nations representatives from observing its elections?
The AG concluded no. HB589, which would have made it a Class C misdemeanor for UN representatives to observe Tennessee elections, was susceptible to a facial Supremacy Clause challenge because foreign…
Can Tennessee tell its own law enforcement agencies they may not spend state money helping enforce new federal gun laws?
Yes, on a facial constitutional challenge. The AG concluded HB10, which would have barred allocation of state or local funds, personnel, or property to enforcement of any federal firearms law enacted …
Can a state stop insurance companies from selling health insurance through Obamacare exchanges?
No. The AG concluded HB476, which would have forbidden Tennessee-licensed insurers from offering coverage through any ACA exchange operating in Tennessee, was constitutionally suspect under the Suprem…
Could the Tennessee legislature pass a law declaring federal firearms regulations unenforceable inside the state?
No. The AG concluded that both HB42 and SB250 would violate the Supremacy Clause if enacted. Tennessee cannot nullify validly enacted federal law, cannot criminalize federal officers performing their …
Can Tennessee automatically extend a wireline carrier's ETC designation to its wireless services without separate FCC or state review?
Likely no. A proposed Tennessee amendment that would automatically extend the TRA's prior designation of a wireline carrier as an Eligible Telecommunications Carrier to that carrier's wireless service…
Can Tennessee pass a law saying residents don't have to comply with the federal health insurance mandate?
No. The AG concluded that the Tennessee Health Freedom Act (SB 3498/HB 3433) and the proposed constitutional amendment in HJR 745, both of which would have barred enforcement of the federal individual…
Can Tennessee add a 'free enterprise' clause to its constitution without violating state or federal law?
Yes, the amendment is facially valid. House Joint Resolution 722 would add a 'free enterprise' policy clause to Article I of the Tennessee Constitution. The AG concluded it would not violate any provi…
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.