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TENNESSEE AMENDMENTS 1, 2, 3, 4 What you need to know about the Four (4) Tennessee Constitutional Amendments for 2014.

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Presentation on theme: "TENNESSEE AMENDMENTS 1, 2, 3, 4 What you need to know about the Four (4) Tennessee Constitutional Amendments for 2014."— Presentation transcript:

1 TENNESSEE AMENDMENTS 1, 2, 3, 4 What you need to know about the Four (4) Tennessee Constitutional Amendments for 2014

2 Tennessee Amendment 1 In 2000 four Tennessee Supreme Court Justices Found a strong right to an abortion than in the Federal Roe Vs Wade. In Planned Parenthood Vs Sundquist basic common sense laws regulation the abortion industry were struck down. These Laws Included… 1.Informed Consent: the right of the patient to receive details about the procedure, possible health risks, and alternative options available. 2.48 hour waiting period to prevent women from being pushed into a procedure by the provider or others and time to digest the information that had been required in informed consent 3.Hospital environment requirement for 2 nd and 3 rd trimester abortions.

3 2002 Subsequent To 2000 Decision State Constitution. By a vote of 4-1, the TN Supreme Court found in favor of Planned Parenthood and ACLU. These protections were struck down and a right to abortion was established in the Tennessee State Constitution. Ruling was subsequently used as precedent in striking down requirement that abortion facilities be regulated, licensed and inspected by TN Department of Health. (Tennessee Department of Health v. Gary Boyle et al. 2002.)

4 Laws Remaining Not Defensible Tennessee still has a law requiring PARENTAL CONSENT for abortion of a minor child. Only one parent is necessary for the consent and a judge can order abortions without consent of the parents. Tennessee law prohibit public tax payer funding of abortions These and any new laws the legislature would write with our existing Fundamental Right To An Abortion cannot be defended in court. Tennessee is now one of sixteen “Right To abortion” states

5 Where are we now? Is This What Tennesseans Want? Did you know that: Tennessee is now an abortion destination state and ranks 3 rd among states for out-of-state abortions. Some abortion facilities in TN are not licensed nor inspected. It is nearly impossible for the people of TN to enforce meaningful legislation regulating or restricting abortion. The abortion industry uses TN as an example of how other states can support abortion at any stage, under any circumstance and without any restrictions. On September 15, 2000 four justices on the TN State Supreme Court fundamentally changed our State Constitution without the consent of the people. Did you know that: Tennessee is now an abortion destination state and ranks 3 rd among states for out-of-state abortions. Some abortion facilities in TN are not licensed nor inspected. It is nearly impossible for the people of TN to enforce meaningful legislation regulating or restricting abortion. The abortion industry uses TN as an example of how other states can support abortion at any stage, under any circumstance and without any restrictions. On September 15, 2000 four justices on the TN State Supreme Court fundamentally changed our State Constitution without the consent of the people.

6 Amendment 1 Makes Tennessee’s Constitution “Abortion Neutral” "Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother. " "Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother. "

7 The Process: Amendment 1 has taken 14 years to bring to a vote Bills to create Amendment 1 had to be agreed upon, voted in on legislative session with a simple majority, after another election passed by both houses of the Tennessee General Assembly with a 2/3 majority vote, and then had to wait until the next Governor’s election to go on the ballot. To Pass A Tennessee Constitutional Amendment it take more than a majority of voters who vote on the amendment. It requires 50% of those who vote in the Governor’s race, for any party, plus ONE VOTE to pass. If 500,000 vote in the governors race, and 250,000 vote for Amendment 1, even if NO ONE VOTES AGAINST IT, it does not pass. 250,001 would be required. Skipping Amendment 1 is a NO VOTE! Amendment 1 has taken 14 years to bring to a vote Bills to create Amendment 1 had to be agreed upon, voted in on legislative session with a simple majority, after another election passed by both houses of the Tennessee General Assembly with a 2/3 majority vote, and then had to wait until the next Governor’s election to go on the ballot. To Pass A Tennessee Constitutional Amendment it take more than a majority of voters who vote on the amendment. It requires 50% of those who vote in the Governor’s race, for any party, plus ONE VOTE to pass. If 500,000 vote in the governors race, and 250,000 vote for Amendment 1, even if NO ONE VOTES AGAINST IT, it does not pass. 250,001 would be required. Skipping Amendment 1 is a NO VOTE!

8 What if Amendment 1 Passes? Existing common sense regulations will be protected from a constitutional challenge, such as The Ban on Partial Birth Abortion in Tennessee Parental Consent in Tennessee The rights of the people of Tennessee will be restored so that once again it will be possible to pass and uphold regulations or laws regarding abortions through our elected representatives. Regulations can be restored through the legislative process so that Tennessee can cease to be a destination state for out-of-state abortions. for the health and safety of mothers and protection of innocent lives in Tennessee. Taxpayer funding of abortion cannot be constitutionally required. Existing common sense regulations will be protected from a constitutional challenge, such as The Ban on Partial Birth Abortion in Tennessee Parental Consent in Tennessee The rights of the people of Tennessee will be restored so that once again it will be possible to pass and uphold regulations or laws regarding abortions through our elected representatives. Regulations can be restored through the legislative process so that Tennessee can cease to be a destination state for out-of-state abortions. for the health and safety of mothers and protection of innocent lives in Tennessee. Taxpayer funding of abortion cannot be constitutionally required.

9 What Can You Do to Help? Pray that Amendment 1 passes and leads to the protection of women and the unborn. Tell 10: Explain Amendment 1 to ten friends or family members and ask them to vote “yes.” Ask them to do the same to help spread the word. Sign the petition to pledge to vote “yes” on Amendment 1, and join the e-mail list to stay informed. Online petition available at http://www.yeson1tn.org/pledge. Volunteer with Yes on 1 campaign and/or donate to the campaign, www.yeson1.org. Host a “Yes on 1” get together in your home or organize an event. Vote “Yes” on Amendment 1 on November 4, 2014.

10 Amendment 2 Section to be DELETED By Amendment 2 Omitted from the ballot! Tennessee Constitution Article VI Section 3. The judges of the Supreme Court shall be elected by the qualified voters of the state. The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of section two of this article.

11 Election of Supreme Court Justices Tennessee passed LEGISLATION nearly 50 years ago to change the election of Tennessee Supreme Court Justices to appointments and a retention vote. Legislation CANNOT over ride the Constitution, not in the United States at any rate. By definition therefore the LEGISLATION is not LAW. In 40 years of retention “elections” only ONE (1) judge has failed to be retained. This system therefore is essentially a lifetime appointment. Proponents of Amendment 2 will tell you that retention elections are constitutional because it has been ruled so by the same judges who effectively get the life time appointments. No bias there huh?

12 Never Vote Away Your Right To Vote! No office can directly affect your life more than a judge. The Founders believed it was more important to judges than Legislators! No attorney would ever ask a client to change a contract for their signature without showing them any language that would be deleted and explain why. The establishment is disguising their actual intent in Amendment 2. The Current System is UNCONSTITUTIONAL the Tennessee Supreme Court opinion not withstanding. Amendment 2 is a vailed attempt to make what has been done illegally for 40 years legal with a few changes to transfer power of the Tennessee Legislature rightfully belonging to the people of Tennessee.

13 Vote NO on Amendment 2 Start Calling Legislators! Let Them KNOW you want your right to vote for judges restored. Remove dishonest legislators supporting Amendment 2! Start Calling Legislators! Let Them KNOW you want your right to vote for judges restored. Remove dishonest legislators supporting Amendment 2!

14 Amendment 3 Had a near miss a few years back regarding The Income Tax in Tennessee. To make sure the question does not come up again Amendment 3 is on the ballot to disallow the establishment of an income tax in Tennessee. The Amendment exempts the Hall Tax which needs to be done away with as well. A Constitutional Amendment is not the place to strike down current law and indeed could cause the amendment to fail. VOTE YES ON 3 unless you want an income tax added to your sales tax! Had a near miss a few years back regarding The Income Tax in Tennessee. To make sure the question does not come up again Amendment 3 is on the ballot to disallow the establishment of an income tax in Tennessee. The Amendment exempts the Hall Tax which needs to be done away with as well. A Constitutional Amendment is not the place to strike down current law and indeed could cause the amendment to fail. VOTE YES ON 3 unless you want an income tax added to your sales tax!

15 Amendment 4 When Tennessee approved the Education Lottery it left out certain organizations, like churches and veteran’s organization, that felt they should also be allowed to have exceptions created for them by the legislature.

16 Types of Organizations 501(c)(3) are Charitable, religious, scientific, literary, and other organizations exempt under Internal Revenue Code 501(c)(19) are Veterans Organizations Passage of Amendment 4 will NOT change who can or cannot have games of chance. The Tennessee General Assembly will have to make exceptions which it may codify into law. Veterans Organizations and Churches Who Like BINGO will want to see this passed.


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