Image Credit: Gov. Bill Lee / Facebook
The Tennessee Conservative [By Adelia Kirchner] –
Earlier this month, Gov. Bill Lee (R-TN) sent a letter to Tennessee lawmakers refusing to sign legislation into law that would protect the constitutional rights of Tennesseans.
Senate Bill 27 (SB0027)/House Bill 324 (HB0324), sponsored by Sen. Mark Pody (R-Lebanon-District 17) and Rep. Rusty Grills (R-Newbern-District 77) reiterates a pre-existing restriction on the governor’s emergency powers.
This bill would ensure that citizens’ constitutional rights are upheld and protected during states of emergency by specifying that, “the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law; provided, that such orders, proclamations, or rules do not contravene, suspend, or conflict with a provision of the Constitution of Tennessee.”
A simple reiteration within Tennessee state law of something already in the Governor’s Oath of Office.
The legislation 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.
The bill sponsors have explicitly stated that this actually does nothing to impede on the governor’s ability to issue executive orders or proclamations in emergency times.
SB0027/HB0324 passed in the Senate on March 6th by a 27-3 vote and then passed in the House on March 24th by a 77-16 vote.
The legislation was then sent off to the Governor’s desk to be signed into law.
In an April 3rd letter, Gov. Lee officially informed lawmakers that he would not be signing SB0027/HB0324 and that it would go on to become law without his signature.
“This decision reflects my deep concern about bills that adversely impact the State’s ability to protect the 7 million Tennesseans we serve,” wrote Gov. Lee. “Recent catastrophes like Hurricane Helene and the ongoing, dangerous storms Tennesseans face today highlight the seriousness of this issue.”
The Governor’s letter stated that both he and state emergency management professionals “must have the capability to meaningfully protect and rescue Tennesseans when disaster strikes” and that “additional restrictions would exacerbate damage and endanger lives.”
Despite this argument against the legislation, the letter goes on to acknowledge that it is already established within the Oath of Office that the Governor swears to uphold the Constitution and that this responsibility remains in every situation.
“This bill, unlike others currently pending, merely repeats well-established legal principles. In taking the Oath of Office, the Governor swears to uphold the Constitutions of Tennessee and the United States, and that obligation remains in all scenarios,” Gov. Lee wrote. “My intent in returning this bill without my signature is to caution strongly against legislation that would compromise Tennessee’s disaster response capabilities.”
In response to this letter, Rep. Jody Barrett (R-Dickson-District 69) stated that, “This bill has nothing to do with responding to tornadoes or hurricanes. It has everything to do with protecting 7 million Tennesseans from overreach of the executive branch under the guise of a declared state of emergency.”
Sen. Pody also chimed in on Gov. Lee’s letter during a recent interview with Tennessee Conservative News.
“[The bill] just said the governor could call the emergency but he cannot suspend the Constitution in any way. So he sent us a letter and the letter was basically saying he’s concerned that we’re taking this power, this authority away from him,” said Sen. Pody. “We never believed he had that power and authority to start with. So I’m not sure [what] the disconnect is.”
To watch Sen. Pody’s full reaction to Gov. Lee’s letter CLICK HERE.
When a bill is passed by the Tennessee General Assembly, it is sent to the Governor who can either sign the bill into law, veto it, or allow it to become law without his signature.
The Governor is provided ten days, with the exception of Sundays, to approve or veto a bill once he receives it.
If that time passes and the Governor does not take any action on a particular bill, it simply becomes law without his signature.
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.
