The following was written by a lawyer who mostly aligns with why I advocate VOTE NO to all the proposed amendments to our state constitution on the ballot this General Election Nov. 8th, 2022.
Take time to listen to this like minded lawyer.
Joanna Martin, J.D. (Publius Huldah) comments on the proposed Amendments to the Tennessee Constitution.
These 4 proposed amendments to the Constitution are on the ballot for the upcoming election on November 8, 2022:
I oppose all 4 of the proposed Amendments.
I oppose all 4 of the proposed Amendments.
Constitutional Amendment #1
Question:
Shall Article XI of the Constitution of Tennessee be amended by adding the following language as a new section?
It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor
union or employee organization.
Why I oppose it:
The purpose of Constitutions is to create governments and to define the powers of the government. In Constitutions, a free and prudent People don’t normally impose limitations or requirements on themselves!
The “hook” in the proposed amendment is “any labor union”. That may be intended to gain the support of the “right to work” crowd.
But the proposed amendment would prohibit small private business owners from declining to hire people because of their affiliations. If I were operating a private school, I would not hire as a Teacher anyone who was a member of a Teachers Union. These Teachers’ Unions have been instrumental in corrupting the minds and morals of our Children; but this proposed amendment would not permit a private school owner to deny them employment in their private school!
And think of what could be encompassed by “employee organization”! What if Satanists form an “employee organization”?
This proposed Amendment would prohibit anyone from declining to hire a member of the Satanist “employee organization”!
Private businesses must have the freedom to hire or not to hire as they deem best. Do not give up that Right by approving Constitutional Amendment # 1.
Question:
Shall Article XI of the Constitution of Tennessee be amended by adding the following language as a new section?
It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor
union or employee organization.
Why I oppose it:
The purpose of Constitutions is to create governments and to define the powers of the government. In Constitutions, a free and prudent People don’t normally impose limitations or requirements on themselves!
The “hook” in the proposed amendment is “any labor union”. That may be intended to gain the support of the “right to work” crowd.
But the proposed amendment would prohibit small private business owners from declining to hire people because of their affiliations. If I were operating a private school, I would not hire as a Teacher anyone who was a member of a Teachers Union. These Teachers’ Unions have been instrumental in corrupting the minds and morals of our Children; but this proposed amendment would not permit a private school owner to deny them employment in their private school!
And think of what could be encompassed by “employee organization”! What if Satanists form an “employee organization”?
This proposed Amendment would prohibit anyone from declining to hire a member of the Satanist “employee organization”!
Private businesses must have the freedom to hire or not to hire as they deem best. Do not give up that Right by approving Constitutional Amendment # 1.
Constitutional Amendment # 2
Article III, Section 12, of the Tennessee Constitution presently reads:
“In case of the removal of the governor from office, or of his death, or resignation, the powers and duties of the office shall devolve on the speaker of the Senate; and in case of the death, removal from office, or resignation of the speaker of the Senate, the powers and duties of the office shall devolve on the speaker of the House of Representatives.”
This is the proposed Amendment:
Question:
Shall Article III, Section 12 of the Constitution of Tennessee be amended by adding the following language immediately following the current language in the Section?
Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives, a written, signed declaration that the Governor is
unable to discharge the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily discharged by the Speaker of the Senate as Acting Governor, or
if that office is unoccupied, then by the Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.
Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of
the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.
Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker’s salary and not receive the Governor’s salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting
Governor.
and
Shall Article III, Section 13 of the Constitution of Tennessee be amended by adding the following language immediately before the period at the end of the Section?
except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor
and
Shall Article II, Section 26 of the Constitution of Tennessee be amended by adding the following language at the end of the Section?
This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor under Article III, Section 12.
Why I oppose it:
Why do they want to change the existing language to track the provisions of Sections 3 & 4 of the 25th Amendment to the US Constitution?
Do you remember the chatter, during the Trump Administration, about invoking the 25th Amendment to oust Trump from Office? In the event Tennessee ever gets an honest Governor who obeys the
Constitution; would these proposed amendments to the Tennessee Constitution be used to oust that Governor?
Article III, Section 12, of the Tennessee Constitution presently reads:
“In case of the removal of the governor from office, or of his death, or resignation, the powers and duties of the office shall devolve on the speaker of the Senate; and in case of the death, removal from office, or resignation of the speaker of the Senate, the powers and duties of the office shall devolve on the speaker of the House of Representatives.”
This is the proposed Amendment:
Question:
Shall Article III, Section 12 of the Constitution of Tennessee be amended by adding the following language immediately following the current language in the Section?
Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives, a written, signed declaration that the Governor is
unable to discharge the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily discharged by the Speaker of the Senate as Acting Governor, or
if that office is unoccupied, then by the Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.
Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of
the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.
Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker’s salary and not receive the Governor’s salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting
Governor.
and
Shall Article III, Section 13 of the Constitution of Tennessee be amended by adding the following language immediately before the period at the end of the Section?
except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor
and
Shall Article II, Section 26 of the Constitution of Tennessee be amended by adding the following language at the end of the Section?
This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor under Article III, Section 12.
Why I oppose it:
Why do they want to change the existing language to track the provisions of Sections 3 & 4 of the 25th Amendment to the US Constitution?
Do you remember the chatter, during the Trump Administration, about invoking the 25th Amendment to oust Trump from Office? In the event Tennessee ever gets an honest Governor who obeys the
Constitution; would these proposed amendments to the Tennessee Constitution be used to oust that Governor?
Constitutional Amendment # 3
Article I, Section 33 of the Tennessee Constitution currently reads:
“That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state.”
Question:
Shall Article I, Section 33 of the Constitution of Tennessee be amended by deleting the section and substituting instead the following?
Section 33. Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.
Why I oppose it:
Why do they want to change the existing wording? What’s their agenda? What would the Amendment allow which the existing language of Article I, Section 33 prohibits?
I was raised in the “Jim Crow” South. When I was a child, my Father told me of black men who had been arrested and put to work for private Citizens who got their Labor for free. Specifically, that some
wealthy people owned pine tree forests and these black men were put to work in the pine forests doing grueling work such as making turpentine and such like.
It is fine for able-bodied convicted persons to be put to work on public projects, such as picking up trash on the sides of roads; but it is wicked to permit convicts to be put to work to enrich private interests. We would do well to remember that such was done to Prisoners in NAZI Germany.
Whenever existing language in a Constitution is changed, the entire body of pre-existing court Opinions construing that existing language is done away with. And Courts can start afresh with a
new interpretation of the new provision. The proposed Amendment would permit Courts to say that convicts may be put to work to benefit private interests.
Article I, Section 33 of the Tennessee Constitution currently reads:
“That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state.”
Question:
Shall Article I, Section 33 of the Constitution of Tennessee be amended by deleting the section and substituting instead the following?
Section 33. Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.
Why I oppose it:
Why do they want to change the existing wording? What’s their agenda? What would the Amendment allow which the existing language of Article I, Section 33 prohibits?
I was raised in the “Jim Crow” South. When I was a child, my Father told me of black men who had been arrested and put to work for private Citizens who got their Labor for free. Specifically, that some
wealthy people owned pine tree forests and these black men were put to work in the pine forests doing grueling work such as making turpentine and such like.
It is fine for able-bodied convicted persons to be put to work on public projects, such as picking up trash on the sides of roads; but it is wicked to permit convicts to be put to work to enrich private interests. We would do well to remember that such was done to Prisoners in NAZI Germany.
Whenever existing language in a Constitution is changed, the entire body of pre-existing court Opinions construing that existing language is done away with. And Courts can start afresh with a
new interpretation of the new provision. The proposed Amendment would permit Courts to say that convicts may be put to work to benefit private interests.
Constitutional Amendment # 4
Article IX, § 1 currently reads:
Section 1. Whereas ministers of the Gospel are by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no
minister of the Gospel, or priest of any denomination whatever, shall be eligible to a seat in either House of the Legislature.
Question:
Shall Article IX, Section 1 of the Constitution of Tennessee be amended by deleting the section?
Why I oppose the Amendment:
In the early days of our Republic (and before that while we were Colonies), Religion was important to Americans: The States had their own “established religions” [i.e., tax-supported Churches] and, as in Connecticut, members of one denomination [Baptists] were forced to pay support to the Established Church of the State [the Congregational Church]. And Protestant controlled state legislatures often discriminated against Roman Catholics.
Our own History shows the excellent reason for disqualifying clergymen from State Legislatures.
So why do they want to delete Article IX, § 1? What would the deletion permit? For starters, deletion would permit Ministers of the Church of Satan, clerics of religions antithetical to our
Constitution, and such like, to be Members of the State Legislature.
Be prudent and be suspicious.
Article IX, § 1 currently reads:
Section 1. Whereas ministers of the Gospel are by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no
minister of the Gospel, or priest of any denomination whatever, shall be eligible to a seat in either House of the Legislature.
Question:
Shall Article IX, Section 1 of the Constitution of Tennessee be amended by deleting the section?
Why I oppose the Amendment:
In the early days of our Republic (and before that while we were Colonies), Religion was important to Americans: The States had their own “established religions” [i.e., tax-supported Churches] and, as in Connecticut, members of one denomination [Baptists] were forced to pay support to the Established Church of the State [the Congregational Church]. And Protestant controlled state legislatures often discriminated against Roman Catholics.
Our own History shows the excellent reason for disqualifying clergymen from State Legislatures.
So why do they want to delete Article IX, § 1? What would the deletion permit? For starters, deletion would permit Ministers of the Church of Satan, clerics of religions antithetical to our
Constitution, and such like, to be Members of the State Legislature.
Be prudent and be suspicious.
PLEASE VOTE NO TO ALL CONSTITUTIONAL AMENDMENTS
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