Mon
Jan 23 2012
09:23 am

In catching up on all the crazy stuff going on in Nashville now that the General Assembly is back in session, Tom Humphrey brings our attention to SB2348, which states:

The supreme court shall have no jurisdiction to determine the constitutionality of a statute which has been properly enacted by the general assembly and become law in accordance with Article II, § 18 and Article III, § 18 of the Tennessee constitution.

In case there was any doubt that the Republican Party, having taken over state government, is completely out of bounds and out of control, well, there you go.

I'm not a lawyer, but it seems to me the state Constitution sets forth basic rights and principles and is the final authority with regard to what is lawful and what isn't. It also seems to me that the Supreme Court is the final arbiter of that law and its application. If you can't appeal to the Supreme Court, to whom do you appeal? Ron Ramsey?

I'd be curious to know what prompted this legislation. The judiciary committee hearings should be interesting. I'll be particularly interested in what my senator, Sen. Doug Overbey, has to say. He's the committee co-chair, an accomplished and well respected lawyer, and, for a Republican, a pretty level-headed guy. (Sen. Mae Beavers, the bill's sponsor, has no legal background yet is curiously chair of the judiciary committee.)

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Somebody's picture

Seriously?

How can the chair of the Tenn. Senate's Judiciary Committee be so unfamiliar with the US Constitution, and in particular, its fourteenth amendment, which says in part, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Senator Beavers' bill would do just exactly what the fourteenth amendment says can't be done. Why do these people keep coming up with this stuff? How much time will be wasted considering this bill? Surely it won't get to the point where a federal court will have to waste its time eviscerating this nonsense.

hebintn's picture

No secret... Ramsey is the

No secret... Ramsey is the last person on earth to go to with any appeal that doesn't start at corporations. He is the epitome of good old boy corpotatocracy. Just look at his record. Has he ever supported ANY environmental position? Ask him where he stands on the Scenic Vistas Act.

Rachel's picture

This is just nuts - and

This is just nuts - and something else for the national media to mock us with.

Sigh.

pd246's picture

Whoever submitted this amendment

Whoever submitted this amendment was most likely elected by a majority of voters somewhere in our state. Is the submitter out of control, or do the majority of his constituents think this is a good idea?

Rachel's picture

"Whoever" is Mae Beavers, Tea

"Whoever" is Mae Beavers, Tea Party, Mt. Juliet.

It doesn't matter what the majority of her constituents think. One would hope the majority of them realize that our Constitution calls for separation of powers and that the question of the courts ruling on the constitutionality of legislation has been settled law since Marbury v. Madison in 1803.

Of course, it's possible that a majority of her constituents are as ignorant and/or as disrespectful of the Constitution as she is, but that doesn't make this bill any less ridiculous.

Somebody's picture

Beavers had justified the

Beavers had justified the proposal, saying, "As we've come down through the years, they've [the courts] used case law to rule on things and we've gotten farther and farther from the constitution."

Yet her proposed remedy was a bill that violated fundamental constitutional concepts that a C+ student* in a ninth grade civics class could identify on a quiz. Talk about getting "farther and farther from the constitution." Yet Ms. Beavers still chairs the Senate Judiciary committee. We should not only question who elected her to office, but also who appointed her to a chairmanship for which she is so obviously unqualified.

*...or for that matter, anybody who's ever played "rock-paper-scissors"

Rachel's picture

Even Ron Ramsey couldn't

Even Ron Ramsey couldn't swallow this one; Beavers withdraws bill.

pd246's picture

I agree Rachel

I was just wondering if this was one lone aberration or a representative dutifully expressing the will of some seriously flawed voters.

redmondkr's picture

The majority of her

The majority of her constituents voted for Mae Beavers because of her magic 'R'. That and a pulse were all that was required.

Tamara Shepherd's picture

*

From Stateline.org, May 27, 1999--

Tennessee lawmakers abruptly ended a special session last week devoted to studying the tax reform proposal, handing the governor a stinging defeat by refusing to even vote on his plan. Sundquist had worked closely with Democrats to build consensus for the controversial plan, but made the call to "pull the plug" after having the rug pulled out from under him by the state Republican party chairman.

Sundquist's tax reform plan, which included a 4% income tax and a rollback in state sales taxes, died after state GOP chairman Chip Saltsman publicly reiterated the party's traditional opposition to an income tax. GOP lawmakers questioned the political consequences of voting for an income tax and quickly closed ranks against the proposal.

Democratic state Senator Bob Rochelle, known in Tennessee as one of the governor's harshest critics, had been instrumental in lining up Democratic support for the plan.

This accomplished attorney and former chair for the Tennessee Advisory Commission on Intergovernmental Relations (which produced several reports during this era documenting the inadequacy of TN's tax structure) I *think* chose not to run for the District 17 seat in 2002, at which point Mae Beavers was elected.

Brother Bob did run against Beavers for the District 17 seat in 2006, but lost.

So who elected Mae Beavers to office? District 17 voters who really, really don't want any state income tax--and who remain deeply suspicious of Brother Bob.

Rachel's picture

Is there a reason you're

Is there a reason you're using "Brother Bob?" Sounds like a perjorative.

Tamara Shepherd's picture

*

Oh, on the contrary.

I first came to admire Bob Rochelle for the excellent work he did as chair of TACIR.

Within months of my consuming all those TACIR reports, I had a couple of opps to meet him in person (not that he'd likely remember me), when he attended events planned by Tennesseans for Fair Taxation, on whose local organizing committee I served here in Knoxville. It was on those occassions that we greeted him with a warm "hello, Brother Bob."

I liked him very much and was bitterly disappointed to see Mae Beavers take over that seat.

Rachel's picture

Glad to hear it. I always

Glad to hear it. I always had a high opinion of Rochelle, who sponsered the Tennessee Growth Policy Act in the Senate.

But oh noes - a Senator who understands taxation and land use planning. Got to get rid of THAT one.

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