Recent editorials from Tennessee newspapers:
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March 4
The Kingsport Times-News on the governor’s authority over school reopenings:
The Tennessee General Assembly has found it necessary to clarify that Gov. Bill Lee’s authority over the state’s system of public education includes that he may, by executive order, require that they open. It’s come down to politics: Republicans believe the governor should have that authority, while Democrats do not.
The basis of our constitutional republic is separation of powers. The executive, whether a governor or the president, is responsible for executing the law, while the power to make law rests with the legislative branch, which directly represents the people. And while localities pay for and operate schools, they are required to do so under state law - not federal law.
Education is not a constitutional right. For that matter, the U.S. Constitution doesn’t grant rights. Rather, it guarantees them, writes Laurence M. Vance for the TenthAmendmentCenter.com. “The Constitution specifically guarantees certain natural rights, imposes limits on the government’s power, and explicitly declares that all powers not delegated to the federal government by the Constitution are reserved to the states or the people.”
And the people of Tennessee - and all other states - through their state constitutions have mandated that state legislatures provide for a system of free public schools to guarantee to all children of school age in each state the opportunity to obtain an education.
Our schools are operated locally, but some decisions seem up for debate, including whether schools should be open or not.
That’s been a matter of dispute in this pandemic, and legislation is now moving through the legislature to allow the governor to issue an executive order requiring schools to offer in-person learning. The GOP-dominant state Senate easily passed the measure on a 27-5 vote with only Democratic senators opposing.
The bill comes after Republican leaders criticized Shelby and Davidson counties - the state’s most populous counties with Democratic strongholds - after they declined to provide an in-person schooling option for months amid the COVID-19 pandemic.
While both counties have since reopened to in-person teaching, GOP lawmakers want to ensure that the governor can intervene in overruling any future decision to close schools.
Gov. Lee declared earlier this year that districts that refused to offer in-person learning were not using science to make such decisions - a criticism that has sparked objections from Democratic lawmakers and education advocates.
Lee’s administration has particularly focused on Tennessee’s dismal third-grade reading scores, warning that student learning was suffering outside the classroom.
According to the bill, school districts would have the authority to decide whether to remain open, but ultimately an executive order by the governor directing schools to return to the classroom would supersede the local level.
The state requires schools exist and so should guarantee children have access to them.
Online: https://www.timesnews.net
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Feb. 18
The Johnson City Press on litter and debris along Tennessee roadways:
Ever wonder how a worn-out mattress or that banged-up sofa ended up beside a heavily trafficked interstate?
And how that plywood, flooring and other construction debris managed to find a home in the median of a city parkway?
It’s really no mystery - someone failed to cover their load.
Most litter found on roadsides comes from trash blown from vehicles on their way to a disposal center or construction site. It’s both dangerous and illegal to transport unsecured or uncovered loads of debris.
Unfortunately, strewn loads is a problem that has become epidemic across the nation. It costs taxpayers in Tennessee more than $11 million a year to clean up litter along the roads.
Plastic drink cups, beer bottles and construction debris strewn by the roadside do not present a favorable first impression of our state to visitors.
But the problem is more than just an eyesore. It can also be deadly when debris lands on a busy highway. The AAA Foundation for Traffic Safety has issued a report that says vehicle-related road debris is estimated to cause over 25,000 crashes and 80-90 deaths annually in North America.
Tennessee operates a program that has helped to deter people from tossing trash onto roadways, or leaving loads unsecured in the back of moving vehicles. The state Department of Transportation’s toll-free litter hotline has been successful in catching litterbugs.
If you see someone tossing trash out of a car window or dumping their loads as they travel, take down their license number and call the TDOT hotline at 1-877-854-8837.
A first conviction for littering in Tennessee can cost you $500 and 40 hours of community service picking up roadside trash. A second conviction carries a $1,500 fine and six months of picking up litter.
The problem is catching litterbugs in the act. Law enforcement officials have neither the personnel or the resources to patrol for littering violations.
Callers to the state hotline will reach a recording that asks them to provide information about the vehicle’s license plate, make and model; the day, time and location of the incident; and the type of item tossed or blown from the automobile.
TDOT will mail a letter to the registered owner of the vehicle, along with a car trash bag or portable ashtray and other anti-litter information.
The letter is being called a “gentle reprimand” reminding the recipient that littering is against the law and punishable by a fine of up to $1,500.
Remember, you can spare yourself a fine, as well as help keep Tennessee safe and debris-free by simply securing your load before taking to the highway.
Online: https://www.johnsoncitypress.com
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