Constitutional Amendment on the Ballot for November 2nd, 2010 (Text)

Shall Article XI, Section 13 of the Constitution of the State of Tennessee be amended by adding the following sentences at the end of the section: (This is the question you will be answering yes or no to. Yes to amend the constitution and no to leave it as is)

The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate (See bottom of post for definition.) any private or public property rights, nor does it limit the state’s power to regulate commercial activity. Traditional manners and means may be used to take non-threatened species.

Let’s Look at this Amendment in Context with the Current Tennessee State Constitution.

Article XI
…
Section 13.
The General Assembly shall have power to enact laws for the
protection and preservation of game and fish, within the state, and such laws
may be enacted for and applied and enforced in particular counties or geographi-
cal districts, designated by the General Assembly.
Amendment Would be added here:
The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state’s power to regulate commercial activity. Traditional manners and means may be used to take non-threatened species.

Let’s Discuss this in a Little More Detail.

Straight to the point: This amendment would guarantee an individual the right to hunt and fish in the state of Tennessee with some strings attached. While any protection is better than nothing I personally find the wording to be fairly vague which is likely a common occurrence in constitutional law. For example: Define what a reasonable regulation or restriction is; a bit difficult to do? Next attempt to define traditional manners and means. Does this mean firearms, archery, traps, taking the game down with a choke hold, etc…? You see my point, it’s cloudy at best.

Abrogate Definition
1. to abolish by formal or official means; annul by an authoritative act; repeal: to abrogate a law.
2. to put aside; put an end to.
(Source:Click Here)

Why is this definition important?
Simple, in context with the proposed amendment this states that this amendment would NOT affect personal or public property rights. Meaning, if a citizen wanted to hunt or fish on your property he/she could not do so unless the property owner approved it. Of course there are obvious loopholes to property rights; Eminent domain for example.

Links
Tennessee State Constitution Text (PDF)
Sample Ballot (November 2nd, 2010)(PDF)

Guidelines for Editors:

1.) Computer Skills: A basic to intermediate understanding of computers and the internet. I’d be more than happy to help anyone understand how to manage the information of the website but you have to be teachable. Example: My dad once asked me what a mouse was (In reference to a computer). If that’s you, maybe you should just provide us with credible information about the candidates running for office.

2.) Political Affiliation: Political Affiliation is irrelevant. As long as you love our county, state, and country you’re welcomed to help with the site. Important Note: The main site must remain 100% bi-partisan and only contain factual information about the candidates and the county. If any information is questionable at all it will need to be noted clearly so it can be easily identified as questionable content by the MonroeVoter visitors. Visitors will be allowed to comment on individual pages which means they can comment (Comments will be moderated) on Candidates profiles and this information will likely be biased but information added by site admin must remain unbiased. The forum is 100% visitor generated content so it will be biased.

3.) Underlying Mission: You must agree with the underlying mission of the site. We want to make it easy for Monroe County citizens to make an educated decision when it comes to casting a vote in each and every election that takes place in Monroe County. This is accomplished by providing a single location for citizens to research ALL of the candidates running for office. The idea is to provide citizens with a website to easily match their views, beliefs, and ideals up with the candidates that best represent them. It doesn’t serve anyone well to not know who or what you are voting for prior to entering the voting booth. We are also hoping that this website will lead to a more open Monroe County government and election process.

4.) Grammatically Speaking: While I wouldn’t turn someone away for improper grammar or punctuation please consider the following: If you spell firewood “farwood” or you believe youins is a word maybe you should just consider providing us with credible information about the candidates.

All of the candidates profiles can easily be found using the drop down menu on any page other than the online forum.

• Added a Candidates page. A complete list of the candidates running for election in Monroe County Tennessee.
• Profile pages have been added for both Sheriff candidates. Bill Bivens and Randy White
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• Added a Election Dates page. Self explanatory.

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