Tennessee Campaign For Liberty
13Sep/110

TN Republican Senator says “ignore the Constitution”

TN Republican lawyer Senator Overbey recently told his fellow state Senators "DON'T use the Constitution as a means for voting for this bill"

What was the bill?

It was the bill that forces the TN government to adhere to the TN Constitution (SB0127) by electing TN Supreme Court judges instead of appointing them by the Governor.

Senator Overbey wants elected officials to rely on what the Supreme Court says about the Constitution to make their decisions instead of what the Constitution actually says. Apparently Senator Overbey thinks the Constitution is a 'living breathing document' that is subject to the whims of 'interpretation'; Alexander Hamilton would be proud.

Article VI Section 3 of the Tennessee Constitution states: "The judges of the Supreme Court shall be elected by the qualified voters of the state." -- http://www.tncrimlaw.com/law/constit/index.html

Watch the video of Senator Overbey pleading for others to ignore the Constitution:

This blatant disregard for the Constitution is appalling and should NOT be tolerated!!!

This bill removes the present law provisions regarding the nomination, appointment, and performance evaluation of appellate and supreme court judges and instead requires the election of all judges. Generally, under present law, trial court judges are elected but appellate or supreme court judges are appointed by the Governor, after being nominated by the judicial selection commission.

One political expert noted that "this an admission [by Senator Overbey] that he knows full well the present method of judge "election" is contrary to the Tenn Constitution, and he is suggesting that the rest of the Senate join him in collectively violating their oath of office by ignoring the language of the Constitution. Next I suppose he will argue that all elections should be conducted in the same manner"

Here is the link to the bill itself:
http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0127

If you disagree with Senator Overbey's argument that elected officials should ignore the Constitution and instead rely upon court rulings instead, please contact him and let him know!!!


HERE IS HIS CONTACT INFORMATION:

sen.doug.overbey@capitol.tn.gov
(865) 681-8236
(615) 741-0981

http://www.capitol.tn.gov/senate/members/s8.html