Mae Beavers Knows What She's Talking About

Sunday, January 22, 2012

Re: Lee Davis: Tennessee Legislature To Claim It Is The Supreme Court?

Mr. Davis,
In response to your editorial dated Jan. 21, 2011, I would submit that Senator Mae Beavers has two advantages over lawyers such as yourself: 1) She is a non-lawyer and not encumbered with judicial misinformation and 2) She can read.

The Tennessee Constitution Art VI, Sec 2 (like Art III, Sec 2 of the U.S. Constitution) provides that the “jurisdiction of this Court shall be appellate only, under such restrictions and regulations as may from time to time be prescribed by law” (U.

S. Constitution: “the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make”).

The decision in Marbury v. Madison did not address that constitutional provision. While the Supreme Court does have the right to decide constitutional issues under the authority of that case and its progeny, it can do so until the Congress or the legislature deprives them of that responsibility. I respectfully suggest that if you read the Constitution which contains the foresaid provisions, then you will see that Senator Beavers knows what she is talking about and apparently you do not and unfortunately most lawyers do not.

The people of Tennessee are blessed to have Mae Beavers as the Chairman of the Senate Judiciary Committee because she reads the Constitution and feels the responsibility to do what it says, including helping fulfill the legislature’s constitutionally-mandated role of judicial review. In addition, I applaud her for filing a bill with the goal of seeking to start a statewide conversation regarding the proper roles and power of the various branches of government.

Respectfully submitted,

John Jay Hooker
Friend of the Constitution
Nashville


WWTA Hypocrisy: Fee Grabbing

Thank you Chattanoogan for reporting the big news that no one else does.  This is a big story under the radar.  Hats off to American Heritage Apartments, Inc. for challenging governMint fee grabbing in a major way.   As reported in the Chattanoogan, the appeals court of East Tennessee recently ruled that the Hamilton County Wastewater Treatment Authority could ... (click for more)

Send Your Opinions To Chattanoogan.com

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Appeals Court Rules Against WWTA In Lawsuit Brought By Apartment Complex Over $8 Monthly Charges To Units

The Tennessee Court of Appeals has ruled in favor of an apartment complex that sued the Hamilton County Water and Wastewater Authority (WWTA) over an $8 monthly charge per apartment unit for preparing private service laterals. The court overturned a granting of summary judgment in favor of WWTA by former Judge Jackie Bolton. The appeals court said American Heritage Apartments, ... (click for more)

1 Dies In House Fire In Rhea County

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Cleveland Wins Third Straight AAA State Duals Title Over Wilson Central

FRANKLIN – Jake Yost is batting a thousand in State Duals championship matches. Just call it a three-peat for the Cleveland Blue Raiders after Saturday night’s 35-26 win over Wilson Central here at the Williamson County Agricultural Expo Center. It was also the third straight time that the Wildcats had finished as the runner-up to Cleveland, but Saturday night’s battle was ... (click for more)

Notre Dame Finishes Fourth In A-AA After Loss To Alcoa

FRANKLIN -- Notre Dame's wrestling team came to the Williamson County Agricultural Expo Center ready to fight Saturday morning and it took all of 32 minutes to eliminate Martin Luther King by a lopsided 70-12 final score. It took just a little bit longer in the second round, but the Fighting Irish prevailed in that one as well with a 47-27 win over Greeneville, setting ... (click for more)