Friday, May 29, 2009

Whining the Override

The Tennessean is treating the Governor's veto of HB 962 as though it actually means anything at all:

The bill would allow handgun carry permit holders to take their weapons into any restaurant that serves alcohol, unless the restaurant owner posted a sign banning the weapons from his or her business. Supporters have said the bill protects Tennesseans’ Second Amendment rights; opponents have said having guns in areas with alcohol could be unsafe.

The veto can be overturned by the legislature with a simple majority vote, something Bredesen acknowledged could very well happen.

“I certainly understand there’s a great potential, probably the likelihood of an override for this,” Bredesen said.

The framers of the Tennessee Constitution were some of the wisest men that our fair State has ever produced. As many may be aware, the Constitution of 1870 is closely patterned on the original Constitution of 1796. The differences are mostly those to be expected, such as the abolition of slavery, the extension of a Governor's term, and the abolition of property requirements. One of the things that those men made quite certain of is that the Executive Power of Tennessee is very weak power indeed.

The Constitution of the State of Tennessee Article III, Section 18, Paragraph 1:

Every Bill which may pass both Houses of the General Assembly shall, before it becomes a law, be presented to the Governor for his signature. If he approve, he shall sign it, and the same shall become a law; but if he refuse to sign it, he shall return it with his objections thereto, in writing, to the House in which it originated; and said House shall cause said objections to be entered at large upon its journal, and proceed to reconsider the Bill. If after such reconsideration, a majority of all the members elected to that House shall agree to pass the Bill, notwithstanding the objections of the Executive, it shall be sent, with said objections, to the other House, by which it shall be likewise reconsidered. If approved by a majority of the whole number elected to that House, it shall become a law. The votes of both Houses shall be determined by yeas and nays, and the names of all the members voting for or against the Bill shall be entered upon the journals of their respective Houses.

During the last federal presidential administration, we heard a great deal about the danger of the trend toward a unitary executive. Much of this talk was coming from our friends on the Left, and not a few of these people were correct in their analysis that any trend toward a unitary executive-including during the Bush Administration-is very dangerous indeed. The framers of the Tennessee Constitution understood this, so they made certain that the powers of our Governor could never become anything close to unitary, by insuring that the superior power of governance in this State would ALWAYS reside in the Legislature.

Now that it appears that the General Assembly may override the Governor's veto of a bill they do not like, many Leftist bloggers and other liberal activists are complaining that the Governor's veto is weak because it only takes a simple majority to override it. That, of course, is exactly what the framers of the Tennessee Constitution intended. The Governor's veto of this bill will only stand if a majority in at least one House of the Legislature wills it to be that way. No Governor of Tennessee can ever govern without legislative consent.

The Left drapes themselves in constitutionalism only when it benefits them to do it. When constitutional law causes legislation to move against their way of doing things, they whine like spoiled children.

The Governor's veto will stand if the House decides to let it, and that is as it should be. Our Governor is answerable to the General Assembly which governs this State, the Legislature does not owe any answer to the Governor-only to the people who elected them.

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At Friday, May 29, 2009 12:37:00 PM, Blogger Steve Mule said...

Allowing guns anywhere near alcohol is one of the most patently stupid things anyone could do. It doens't matter what the constitutionality is, it doesn't matter what the ideology is, it's just stupid! I hope the Governor's veto is upheld tho I agree it probably won't. Nevertheless, is about one of the stupidest things any legislature in any state could ever do.


At Friday, May 29, 2009 1:10:00 PM, Anonymous Anonymous said...

Our constitution was written by a bunch of carpet baggers. That being said, this bill only makes it legal to do what people are already doing.

At Sunday, May 31, 2009 10:08:00 PM, Anonymous Anonymous said...

The only possible good thing to potentially come out of this is that the republic base will shoot themselves out of existence.

At Monday, June 01, 2009 12:31:00 PM, Anonymous Anonymous said...

It's interesting to me that Ron Ramsey pushed for a judicial selection commission that essentially gave the Governor the sole power to select judges. Guess he just doesn't subscribe to your theory that only "The Left drapes themselves in constitutionalism only when it benefits them to do it. When constitutional law causes legislation to move against their way of doing things, they whine like spoiled children."

Quite frankly, if there's a bigger bunch of hypocrites in the entire world than the Tennessee Republic Party, I'd like to know who they are.

At Tuesday, June 02, 2009 10:41:00 PM, Anonymous Anonymous said...

Who are the people that are against this bill. It must be true what michael says "liberalism is a mental disorder". I guess these people think there will be a cop at every corner to protect us from violent criminals. Or, maybe the support freedom of their speach but not our our constitutional right to keep & bear arms. Please try to get this in your little brains. The passage of this bill will not change the fact that it is & will be illegal to drink & carry a firearm. Can you just try to understand that those who have gun permit want to obey the law. Otherwise, they wouldn't even bother get a handgun permit. Those who break the law could care less what you, the governor, the state legislatures, or anyone else says they can or cannot do. You antigun, anti-2nd amend, anti-self defense crowd are as dense as a rock.

At Tuesday, June 02, 2009 11:57:00 PM, Anonymous Anonymous said...

Dude, were you drinking when you wrote your post? Please either stop boozing it up or go back to second grade!


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