Image Credit: Tennessee Virtual Archive
By C. Richard Archie (West TN Director, Tennessee Firearms Association) –
The original Tennessee Constitution was claimed by none other than Thomas Jefferson to be the “least imperfect, and most republican” of the state documents he had seen. High praise from one as learned as he, and, it should be a lesson to Tennesseans to guard that precious jewel…
Centuries have rolled since its introduction in 1796, but the “good bones” on which it was built survive for the most part. Like the other States that arose in the time of Revolution, the Founders of Tennessee were men who had been forged in the fires of battle for Liberty. Like Patrick Henry, they knew that “Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”
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That document lays out in prose a roadmap for governance in Tennessee, it is replete with instructions and rules. We even have a Supremacy Clause included, though none in government heed it or so much as acknowledge it, being Article 11 Section 16 which reads “The declaration of rights hereto prefixed is declared to be a part of the Constitution of this State, and shall never be violated on any pretense whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the General powers of government, and shall forever remain inviolate.”
The we in that section is the People, we do the delegating and the hired employees are to be instructed by us to do what we wish, within the confines of the Constitution.
From our Rule Book:
Article 1 Section 1 of our Declaration of Rights gives credence to this assertion as it says “That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.”
Section 2 intones “That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.”
Section 23 tells us to instruct our elected employees. Further down, buried in the clutter lies the oath of the members of the General Assembly, where they promise to before they proceed to business take an oath or affirmation to support the Constitution of this State, and of the United States and also the following oath: “_________________ do solemnly swear (or affirm) that as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State.”
Nothing in the oath says anything about letting the Departments of the Administration have the power to put their thumbs on the scale of passing legislation.
Those who are employed to enforce the laws (DOT, DOH, DOS etc.) are hired to do just that, not to make them, that is the sole purview of the legislature.
The Governor is not in charge of legislation, though he has the privilege to make suggestions per the Constitution, but he can be overridden by a simple majority on any issue per Article 3 Section 18. Any Citizen has as much Right as the Governor to offer ideas for legislation.
We have abdicated our role of being legislative instructors to paid lawyers who sit at the elbows of legislators, “legal” as they are called, who read the Code without an understanding that laws not couched in the Constitution are void. The Constitution is no longer the scale by which our laws are gauged, money and power now provide that measuring stick.
If we as a State are to honor the sacrifice of blood and treasure offered up by our progenitors who pledged their very lives, fortunes and sacred honor in the struggle for Liberty, we must wrest control of our government away from monied interest and occupy the field once more as Citizens honoring their obligations and the Rightful Masters of governance.
3 Responses
Amen! We have to hold our RINO legislature and Governor accountable. So far all but a few have shown nothing but contempt for the document they swore to uphold. For that they deserve our contempt and to be replaced at election time.
Amen, Brother!
When elected legislators abdicate their duty to be policy makers and instead allow career bureaucrats in the governor’s administration to “tell” them what the law should be, why do we even go through the charade of electing legislators? Why not just do away with them and let all the decisions of government be made by the executive branch as they are now?