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Thursday, Nov. 27, 2014

Substitute Legislator?

Posted Friday, January 11, 2008, at 7:32 AM

I am trying to understand the concept behind substitute legislators. According to the news, Sen. Jim Kyle of Memphis has introduced a bill which would authorize a state senator or house member to be able to appoint someone to take his or her place if that legislator is ill and is to miss some of the legislative session. Is that the idea? What if the legislator is in a coma? I don't think it would work in that case. If this becomes law, perhaps a better idea would be to have the local government appoint a substitute, similar to the way they just handled State Sen. Jerry Cooper's replacement, who will serve until the next election.

We could have a "Legislator for a Day", with a different person there each day. Maybe a "Legislator for a Week" would be better. It would give the substitute time to study up on government and attempt to learn what they are doing with our tax dollars. Then again, a week is not sufficient time to grasp everything.

I think I'll contact Jim Tracy and Curt Cobb and tell them I am interested. If one of them feels a headache coming on, he could just send me right to Capitol Hill. I have an ulterior motive. I want to move from my retirement system right over to the one for legislators. The legislative and judicial systems are much better than mine. I will sound like a little child on the playground or perhaps a prospective bride on "The Bachelor" as I shout "Pick me! Pick me!"


Comments
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I can't believe that such a law would be constitutional. What ever happen to "duly elected by your peers"?

If you are unable to perform the duties of your office then the only honest thing to do is to resign and let the constitutional process work as it is currently doing with Senator Cooper.

-- Posted by Farmer Bill on Sat, Jan 12, 2008, at 8:35 AM

Our State Legislators don't understand the TN State Constitution let alone the U. S. Constitution. They are suppose to protect our constitutions, not destroy them. They ammend, repeal or change the state constitution just about every year in spite of the fact that it can only be changed once every 6 years like the US Constitution.

A Senator dies and his or her spouse takes their place. DO they know how to protect our constitution with their legislating.

They have raised the cost of cigarettes several times in violation of the TN Constitution.

Article XI, Section 8. The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals, rights, privileges, immunitie, [immunities] or exemptions other than such as may be, by the same law extended to any member of the community, who may be able to bring himself within the provisions of such law.

A tax on cigarettes is an excise tax. That is, a tax in exchange for a benefit or priviledge. Who was taxed and who got the benefits and priviledges? See how unlawful that was?

What about property tax?

TN Constitution - Article II, Section 28.

...For purposes of taxation, property shall be classified into three classes, to wit: Real Property, Tangible Personal Property and Intangible Personal Property.

Real property shall be classified into four (4) subclassifications and assessed as follows:

(a) Public Utility Property, to be assessed at fifty-five (55%) percent of its value;

(b) Industrial and Commercial Property, to be assessed at forty (40%) percent of its value;

(c) Residential Property, to be assessed at twenty-five (25%) percent of its value, provided that residential property containing two (2) or more rental units is hereby defined as industrial and commercial property; and

(d) Farm Property, to be assessed at twenty-five (25%) percent of its value. House trailers, mobile homes, and all other similar movable structures used for commercial, industrial, or residential purposes shall be assessed as real property as an improvement to the land where located.

"NOTICE: IF the Residential Property contains two or more rental units that is defined as industrial or commercial property, it is taxable. If not... it is Property, a Direct Tax and can NOT be TAXED according to the U.S. Constitution. Article I, Section 9, Clause 4."

[4.] No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. "

-- Posted by Unique-Lies on Tue, Mar 25, 2008, at 1:23 AM


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