Image Credit: Adelia Kirchner / The Tennessee Conservative & TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
A bill that would protect the constitutional rights of Tennesseans by prohibiting the governor from suspending any part of the Tennessee Constitution in the issuance of an emergency order, proclamation, or rule passed in the Senate by a 27-2 vote on Thursday morning.
Senate Bill 27 (SB0027), sponsored by Senator Mark Pody (R-Lebanon- District 17), would restrict the governor’s ability under emergency powers to suspend certain procedural provisions of a law, rule or regulation while not impeding the governor’s ability to issue executive orders or proclamations in emergency times.
This bill would ensure that citizens’ constitutional rights are upheld and protected during states of emergency and was reportedly inspired by a desire to put safeguards in place for Tennesseans after the “draconian and unconstitutional measures” mandated by many governors in the name of Covid-19.
“Every two years when we come in, we swear an oath to uphold the Constitution, and this bill is gonna say that under no circumstances can anybody suspend our Constitution,” Sen. Pody said on the Senate floor. “I brought this, just to bring clarity that our governor, whoever that may be, can suspend laws. They can suspend policies and procedures, but they cannot suspend the Constitution.”
When SB0027 was previously heard in the Senate State and Local Government Committee, Sen. Pody began his explanation of the legislation by reading his Oath of Office, reaffirming the responsibilities of members of the General Assembly to uphold both the U.S. Constitution and the Tennessee Constitution, and to limit the power and authority of anyone, including a governor, to suspend those rights.
SB0027 ultimately passed in the Senate by a 27-2 vote.
Democrat Senators Raumesh Akbari and London Lamar marked themselves as “present and not voting.”
Democrat Senator Sara Kyle and Republican Senators Paul Bailey, Janice Bowling, Richard Briggs, Rusty Crowe, Todd Gardenhire, Ferrell Haile, Bobby Harshbarger, Tom Hatcher, Joey Hensley, Ed Jackson, Jack Johnson, Adam Lowe, Becky Massey, Mark Pody, Bill Powers, Shane Reeves, Kerry Roberts, Paul Rose, Jessie Seal, Steve Southerland, John Stevens, Brent Taylor, Page Walley, Bo Watson, Dawn White, and Ken Yager all voted in favor of the legislation.
Democrat Senator Heidi Campbell and Republican Lt. Gov. Randy McNally were the only no votes.
The corresponding House Bill 324 (HB0324), now sponsored by Rep. Rusty Grills (R-Newbern-District 77), continues to move through the committee process.
For more information on the bill and a brief history of the governor’s emergency powers in Tennessee, click here to watch an interview with Kayla Garretson, Legislative Director for the Tennessee Freedom Initiative.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
One Response
Good! IMHO, McNally’s trash.