Month: February 2023

Governor Lee delivered his fifth State of the State address on February 6, 2023. The theme of the address was called “Tennessee: Leading the Nation.” Lee is said to present budget and legislative priorities for the upcoming year to a joint session of the General Assembly and fellow Tennesseans.

Mr. Lee’s proposed $55.6 billion budget is said to include so-called “strategic funding” to modernize transportation, ensure economic and educational opportunity, preserve our natural resources, protect children, strengthen families and more.

According to the website of the Office of the governor, “Tennessee is leading the nation as a guiding light for opportunity, security and freedom,” said governor Lee. “I’m proud to propose a budget and strategic policies that ensure our state continues to be a shining example for educational opportunity, strong families, innovation and economic prosperity.”

Tennessee Governor Bill Lee has been serving as the 50th governor of Tennessee since 2019. He was reelected in the 2022 gubernatorial election. There are 18 sections in the Tennessee Constitution Article III which defines the legal status, election, powers, functions, roles, or duties of the Executive Department whose head is the Tennessee governor who holds the supreme executive power.

The supreme executive power is vested in a governor in the State of Tennessee. Tennessee Constitution Article III – Executive Department. Section 10 says, “He shall take care that the laws be faithfully executed.”

The legal definition of using “shall” and “may” is that, generally speaking, “shall” is mandatory and “may” is permissive. Therefore, it is mandatory that the governor should take care that the laws be faithfully executed in the State of Tennessee.

We have to, however, point out this. Before it is said from the Office of the governor that Tennessee is leading the nation, he should make sure that the laws be faithfully executed in Tennessee.” We’re not in the position to evaluate all of the law enforcement situations and environments in all of the counties, cities, or towns in Tennessee, but we know several things about Shelby County and the City of Memphis.

The case of the death of Mr. Tyre Nichols is just one kind of the tip of the iceberg. Below the tip on the surface, there exists unseen rest of the iceberg. They say that “What you can see of a problem or difficult situation is only one small part of a much larger hidden problem.” That is true. Mr. Nichols’ case is just only the tip of the iceberg. Both the local news articles and the national news media reported only the tip of the iceberg.

Mr. Hwang is the publisher and editor of the Times. He knew and knows that the realities of the law enforcement is unrealistically distorted in the jurisdictions of Shelby County and the City of Memphis. Not only the law enforcement, but also the legal interpretation and judicial function seem to be contaminated, unfair, and disfuntional. And even shockingly(or unshockingly) criminal.

Those cases of the death of Mr. Nichols and the destruction of Mr. Hwang’s life are, literally, just the tips of the entire icebergs, whose names are Shelby County and the City of Memphis.

Governor Lee, do you want to lead the nation? That’s fine. But, please, try to do that only after you take care that the laws be faithfully executed here in Shelby County and the City of Memphis because things are not working properly here.

Let’s say there is a baby who crawls on the floor and gets down on his hands and knees. At one point, he declares that he is going to enter the 100 meter race in the next Olympic games. Is he going to be a sprinter in the competitive race?

Governor Lee declared more than several policy goals, priorities, and their related budget plans. That doesn’t necessarily have to be bad. That’s fine. But, from our point of view, he has to have, manage, strengthen, or improve the BASICS. What are the basics of such governors’ job? The first task of their job is to take care that the laws be faithfully executed. But the fundamental problem is that the laws are not faithfully executed in Shelby County and the City of Memphis.

Mr. Jim Strickland messed Memphis up. He is the Mayor of the City of Memphis. Governor Bill Lee should spend more time on monitoring the law enforcement situations in Shelby County and the City of Memphis.

Tennessee Constitution Article III – Executive Department. Section 10 says, “He shall take care that the laws be faithfully executed.” And “shall” is MANDATORY.

The Editorial of the Memphis Times
www.memphistimes.org

Published: February 8, 2023

One of the beauties of the Tennessee Constitution is that it guarantees the people’s right to alter, reform, or abolish the government in such manner as they may think proper.

Tennessee Constitution Article I – Declaration of Rights. Section 1 is as follows. “That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.”

Article I – Section 2 is as follows. “That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.”

The government of the City of Memphis should be REFORMED. That is our argument or a legal one on the basis of the Tennessee Constitution Article I – Section 1 and 2.

Memphis is not peaceful right now. There are streets and areas which are not safe. Those who don’t feel happy appear to want to leave for another places, cities, or States regardless of their ability to do or fulfill that. That means that the local government can’t or doesn’t function for being instituted for the local people’s PEACE, SAFETY, and HAPPINESS. That is exactly against Tennessee Constitution Article I – Declaration of Rights. Section 1(one).

A lot of local or district government officials are suspected to exercise or perform ARBITRARY power from their political, judicial, or administrative discretion. There have been social signs, symptoms, or phenomena around Memphis and Shelby County in terms of political, social, or legal OPPRESSION. That is exactly against Tennessee Constitution Article I – Declaration of Rights. Section 2(two).

It is, therefore, very natural to confirm or conclude that the Memphians ascertain their own constitutional right to alter, reform, or abolish the government in such manner as they may think proper. It is really both logical and legitimate.

We don’t, however, demand or expect the reform of the human character of Mr. Jim Strickland who has been the Mayor of the City of Memphis. We’re afraid it is too late for him to change his own political character let alone to his indivisual one. And human beings and politicians don’t or can’t change their personalities that easily or that often. That is the human nature of indivisuals and politicians.

That’s why we demand the reform of the City of Memphis and the Police Department of Memphis. Such demand is based not only on the public opinion from the local community, but also on the Tennessee Constitution, which is the supreme law of the Tennessee land except the U.S. Constitution.

Our political and legal demand for the reform of the local government is the constitutional demand of Tennessee. It is not just local, but CONSTITUTIONAL.

The Editorial of the Memphis Times
www.memphistimes.org

Published: February 5, 2023