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Tennessee Lookout: In Tennessee, a vote by public officials can send them directly to jail [View all]
Tennessee Lookout - In Tennessee, a vote by public officials can send them directly to jail
Commentary
John Vile
February 5, 2025 5:00 am
The Tennessee legislature just passed a bill that will go down —or should go down — in infamy: It provides criminal penalties for any local public officials who vote for sanctuary policies, in which municipalities may refuse to cooperate with federal immigration policies. This law strikes at the very heart of representative government.
The right to vote and the right to expression are among the most cherished rights of all Americans. Restrictions on either right demand the strictest scrutiny.
Individuals who run for public office run with the understanding that they are representing their constituents. Although some see this task as serving as a mere mouthpiece for members of their districts (the delegate view), others believe the best they can do is to exercise their own independent judgment (the trustee view). In either case, as representatives, they are the voice of their constituents, who may choose to reelect them or to deny them further time in office.
Are we now going to chain these representatives? What if we make it a crime to vote for any measures offered by Democrats? Or Republicans? Or for policies refusing to recognize Christianity as the official state religion? Or for those who vote against authorizing a local charter school? Or a new sports franchise?
This law sets a terrible precedent. If we begin jailing public officials for voting for one law, what is to stop them from jailing them for voting for another? Moreover, this law comes at a time when in Trump v. United States (2024), the U.S. Supreme Court recently widened protections for U.S. presidents for any official acts — even those within the outer perimeter of their authority. Presidents who can jeopardize the entire nation are immune and local officials may be fined and sent to jail.
/snip
Commentary
John Vile
February 5, 2025 5:00 am
The Tennessee legislature just passed a bill that will go down —or should go down — in infamy: It provides criminal penalties for any local public officials who vote for sanctuary policies, in which municipalities may refuse to cooperate with federal immigration policies. This law strikes at the very heart of representative government.
The right to vote and the right to expression are among the most cherished rights of all Americans. Restrictions on either right demand the strictest scrutiny.
Individuals who run for public office run with the understanding that they are representing their constituents. Although some see this task as serving as a mere mouthpiece for members of their districts (the delegate view), others believe the best they can do is to exercise their own independent judgment (the trustee view). In either case, as representatives, they are the voice of their constituents, who may choose to reelect them or to deny them further time in office.
Are we now going to chain these representatives? What if we make it a crime to vote for any measures offered by Democrats? Or Republicans? Or for policies refusing to recognize Christianity as the official state religion? Or for those who vote against authorizing a local charter school? Or a new sports franchise?
This law sets a terrible precedent. If we begin jailing public officials for voting for one law, what is to stop them from jailing them for voting for another? Moreover, this law comes at a time when in Trump v. United States (2024), the U.S. Supreme Court recently widened protections for U.S. presidents for any official acts — even those within the outer perimeter of their authority. Presidents who can jeopardize the entire nation are immune and local officials may be fined and sent to jail.
/snip
4 replies
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= new reply since forum marked as read