The November Election Post I’ve Been Meaning To Write

Wedding Night After Party
Wedding Night After Party
Election day is right around the corner, and I’ve been meaning to do a post on all of the Constitutional amendments that are on the ballot this November…but I’ve been a little busy.

After 5 years together, my beloved Ellyn and I got hitched back on October 11th. Needless to say, the wedding plans took a lot of time to put together.

But now that the wedding is over, and so is the planning, I’ve got a little more time to think about the upcoming election…and especially the amendments.

They’re not that complicated, but they’re also not as easy to sift through as you might think.

With that in mind, I’m going to touch on the amendments in this post. I may write about the state and federal races later, and I’m working on a post about the City’s “Civil Service” referendum as we speak.

A note on Constitutional Amendments in Tennessee

For a constitutional amendment to pass in Tennessee, two things must happen:

1. The “yes” votes for the amendment must make up the majority.
2. Those “yes” votes must be greater than 50% of all the votes cast for Governor.

So, if you want something to pass, vote for someone on the ballot (write-ins don’t count) in the gubernatorial election.

And, if you want something to fail, you sure as hell better raise that bar a little higher by voting in the Governor’s race (again, write-ins don’t count).

I fully expect a TV station or two somewhere in the state will declare something having passed when it hasn’t crossed these two thresholds, but I’ll wait until election night to mock them for that.

Without further ado, here’s the breakdown.

Amendment 1 – Removing your right to privacy

Some people call Amendment 1 “The Abortion Amendment”, and if you just read the caption on the ballot, you might think you’re right.

But since the US Supreme Court ruled on Roe vs. Wade in 1973, the issue of government intervention in difficult health decisions been about privacy.

I’ve written about this extensively in the past.

The caption for Amendment 1 says:

Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

But the idea of the right to privacy in health decisions, and abortion, which is a medical procedure, are inextricably linked.

That’s what the TNSCOTUS ruled in 2000.

So, to make a medical procedure potentially “illegal”, which is what the majority of the TN legislature wants, is to take away the privacy in medical decisions away from patients.

The married couple agrees...Vote No on 1
The married couple agrees
Vote No on 1
The Legislature can’t do this on their own…they need you, the voter, to eschew the additional privacy protections inherent in the Tennessee Constitution, so they can then further limit your choices on your medical decisions.

If you think this will stop at abortion, you’re sadly mistaken. The legislature could use this amendment to regulate any number of widely accepted medical procedures under the guise that they have effectively restricted privacy with this amendment.

Its ironic really. The political right consistently rails against government intervention in personal decisions…until it comes to medical decisions, then they don’t think you’re qualified to do it on your own.

If one were to be consistent, they would strike down this amendment with an overwhelming majority…because none of us want Ron Ramsey, or Brian Kelsey making medical decisions for us.

They’ve already proven time and time again they don’t have our best interests at heart.

I urge you to vote NO on Amendment 1.

Amendment 2 – Judicial Disco

Judicial retention (for Appellate and Supreme Court justices) has been a big topic in State politics for a while now. Lt. Gov. Ron Ramsey’s effort to remove TN SCOTUS judges in the August election was just the start of a fight that’s been boiling over since Ramsey took the top spot in the State Senate.

Amendment 2 seeks to clarify it all…and enshrine a system similar to the current system in the State Constitution. However, the differences have many folks up at arms.

Currently, a nominating commission makes recommendations to the Governor, who then selects from a paired down field of candidates. That Commission expired in 2013, and wasn’t renewed.

Under the amendment, there would be no mandated commission (though Haslam has said he approves of the commission), and the General Assembly would have veto power over the selection by the Governor. In a state where a simple majority can overturn the Governor already, that’s a lot of political power over the judiciary from the legislative branch.

Opponents of the amendment say to vote no, because the current system, without the added step of the legislature approving of the nominations works, and we shouldn’t bend to the legislature just because they scare the be-jesus out of us.

Supporters I’ve heard from don’t really seem to support the amendment, per se, but say its better than direct election of Appellate judges (which would be a disaster by any measure). They fear that could happen if the Constitutional Amendment isn’t passed.

Opponents counter that even the most radical on both sides of the aisle don’t want that, and bills seeking to make that the law of the land consistently fail in committee.

To be honest with you, I’m still torn. But as a person who: a. doesn’t take kindly to bullies, and b. is ready to take out my policy brass knuckles at the drop of a hat to beat down really dumb ideas from Nashville (there is an ample supply), I’m inclined to vote No.

When someone’s being a bully you don’t bend to them, you turn around and kick their ass so they’ll leave you alone. That’s what needs to happen here.

Amendment 3 – Tennessee Tax Dystopia

Unlike Amendment 2, Amendment 3 is simple. If you want your sales tax to start bumping up to 14%…vote for it.

If you don’t, vote against it.

Tennessee already has one of the highest sales tax rates in the nation.

The Legislature, with the help of the Haslam administration, has been cutting taxes on the wealthiest of the wealthy. As things get more expensive, and we keep underfunding every damn thing we have to fund…that revenue will have to be replaced somewhere…and the sales tax is the only place to go.

Sponsors of this Amendment, like Brian Kelsey of Germantown will say this saves the state from the tax hell of having an income tax…and by virtue, stops taxes from increasing.

But as anyone with half a brain in their head knows, the absence of a kind of tax doesn’t stop taxes in general from increasing. Come on dude…really?

Vote NO on Amendment 3.

Amendment 4 – Veteran’s Bingo “Gaming”

Amendment 4 is an effort to include Veteran’s organizations in the “games of chance” carveout that was enshrined in the lottery.

Currently, many not-for-profit organizations can hold fundraisers that involve games of chance (gambling, cakewalks, etc. but not bingo)…but Veteran’s groups can’t.

The reason goes back to a scandal in the 1980’s.

The amendment lays out some high hurdles for Veteran’s groups to be able to do this…and that’s actually my problem with the Constitutional amendment.

If the amendment just said the Constitution allows this type of organization to do this and the “how” may be regulated by the state, I’d probably be for it. But this amendment sets forth a specific policy prescription and safeguards, which, if they don’t work, will take years to change because they’ll require another constitutional amendment!

So while I certainly think Veteran’s groups do good work…and far too often they do work the state itself should be doing, I can’t support this amendment because it reads too much like a bill and not enough like a constitutional amendment…if that makes any sense.

So, I say vote No on Amendment 4.

So there ya go. Take it for what its worth. But most importantly, go vote.

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