Image Credit: TN General Assembly & Canva
The Tennessee Conservative [By Olivia Lupia] –
A new bill titled the “Tennessee Foreign Law Non-Recognition Act” would ensure foreign law could not be recognized or considered in legal cases in the state if it contradicts constitutional rights.
HB2142/SB2488, states that “a court, arbitration panel, administrative agency, or other tribunal in this state shall not apply, enforce, or base a ruling or decision on any foreign law, legal code, or system” if that foreign law or system would violate any rights guaranteed by the Tennessee and U.S. Constitutions.
It would also prohibit any awards granted through an arbitration from being confirmed or enforced in the state if the decision was based in whole or in part on a foreign law that would violate the constitutional rights of any party in the case. And any provision of an arbitration agreement whose application would be “inconsistent” with constitutional protections would be considered “void and unenforceable”.
The bill would not prevent the recognition or enforcement of a foreign judgement that complies with state and federal constitutional protections or interfere with the proper application of tribal law, federal law, or pertinent commercial codes.
While current state law dictates the protection of constitutional rights to be the primary consideration in navigating cases where foreign law is applicable, this bill specifically clarifies that foreign law can in no way be enforced or applied if there would be a contradiction with a person’s constitutional rights.
The House sponsor is Rep. Todd Warner (R-Chapel Hill-District 92), and the Senate companion is carried by Sen. Janice Bowling. Both versions of the bill are awaiting dates before their respective committees.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
3 Responses
Thank God for law makers who understand the Constitution, the Bill of Rights, and what it means to be a citizen of the great State of Tennessee and the United States of America. Hopefully, it will pass without problems.
Sadly, the majority of “our” legislators don’t and don’t like those who do.
When an effort was made to prevent RINO Lee’s expensive, useless Red Flag special session, “my” Rep. Jay Reedy wouldn’t join it because he “doesn’t like” the one spearheading the effort.
We’ve got MANY petulant children for legislators.
Yet another solution in search of a problem.