TN lawmakers consider constitutional amendment removing right to bail for some crimes
KNOXVILLE, Tenn. (WATE) — Tennessee House Joint Resolution 49 is making the rounds in the state legislature. It would amend the Tennessee Constitution Article 1, Section 15 and would remove the right to bail for people charged with certain crimes.
'This is a very significant resolution because everyone is innocent until proven guilty pursuant to the United States Constitution, pursuant to our Tennessee Constitution,' 6 News Legal Analyst Greg Isaacs said.
Knoxville woman faces months-long delay for corrected birth certificates after adopting grandchildren
'What this bill does is changes the standard for certain enumerated offenses rape of a child, second-degree homicide, capital offenses, but there's also a caveat that says any offense that carries an 85% percentage rate would also be modified and that covers a wide open range of criminal offenses,' Isaacs said.
Removing someone's right to bail, could pose challenges to defendants.
'This is a very slippery slope because think about all of the individuals that are overcharged, acquitted. We find out when we look at discovery, things aren't as someone said they were at the beginning,' Isaacs said. 'It lowers the presumption that you're entitled for bail.'
Isaacs believes this resolution could create a financial burden on local law enforcement.
'Think about the burden of the local sheriffs, jails, facilities and if this is successful and the Tennessee constitution is amended. I don't think that the local municipalities and counties in Tennessee currently have the resources to follow it,' Isaacs said.
'These instruments have voices': Memorial features violins that survived the Holocaust
As outlined in Article XI, Section 3, any constitutional amendments must be passed by two consecutive general assemblies—the first by a simple majority and the second by a two-thirds majority. If an amendment passes the legislature, it then moves onto a ballot for referendum. This referendum may only happen during a gubernatorial election year—when Tennesseans choose their next governor.
'It must get 50% of the votes, not over 51% of the people who voted for this resolution, but it would have to passed by over 51% of people that voted in the gubernatorial election,' Isaacs said.
▶ See more top stories on WATE.com
This proposal is set to be discussed in the Tennessee House Finance Ways and Means subcommittee on Wednesday March 5.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
41 minutes ago
- Yahoo
More candidates enter field to replace Green in Tennessee's 7th District
Two combat veterans, Maj. Jason Knight and Jon Thorp, have announced they will run in the special Republican primary to fill the vacancy created by U.S/ Rep. Mark Green's resignation. (Knight photo: Montgomery County Commission; Thorp photo: Jon Thorp for TN-7 Facebook) Two combat veterans are joining the race to replace outgoing Republican U.S. Rep. Mark Green, while a former political operative is considering a candidacy for Tennessee's 7th Congressional District seat. Springfield resident Jon Thorp and Maj. Jason Knight of Clarksville, both veterans of Iraq and Afghanistan campaigns, announced they are entering the field as Republicans. A special election is to be held for the seat after Green said this week he will step down as soon as the House votes on President Donald Trump's budget plan. They join Tennessee Department of General Services Commissioner Matt Van Epps, who reportedly left his post, in announcing their candidacy this week. In addition, Michael Lotfi, deputy state director of Americans for Prosperity, said he is considering entering the race. Lotfi sparked outrage among Tennessee lawmakers six years ago when they found out former House Speaker Glen Casada put him on the state payroll as a political operative. Thorp, an officer in the U.S. Army on multiple tours of duty, is billing himself as a political outsider under the 'Liberty Reset' movement in which he's calling for 'fiscal sanity,' congressional and bureaucratic term limits and full audits of government agencies. Potential replacements for Tennessee U.S. Rep. Green line up 'This isn't about filling a seat. It's about flipping the script,' Thorp said in a statement. 'For too long, Washington has served lobbyists, not Tennesseans. This is our moment to choose a different kind of leadership – one that values honesty over polish, accountability over party loyalty, and courage over careerism.' Thorp acknowledged he hasn't voted in 24 years because he didn't like candidates from either major political party but said he is entering the race as children are being 'handed a collapsing economy, weaponized bureaucracy and a rigged political class that serves donors instead of voters.' Knight, a Montgomery County commissioner and former Clarksville City Council member who served nine years with the 101st Airborne Division, said he is running because 'President Trump needs reinforcements' and 'backups' in Congress. 'From lawless rioters in California to obstructionists in Congress to far-left governors like Gavin Newsom, it is clear that an extreme out-of-touch minority is trying to stop President Trump and the America First policies that he is fighting for,' Knight said in a statement. Knight described himself as a 'staunch constitutionalist and a proven conservative' who would support increased border security and efforts to deport 'criminals' who have no permanent legal documentation. In a statement to the Tennessee Lookout, Lotfi admitted he would be a 'pretty flawed candidate' but said he is honest, 'if that counts for anything anymore.' If no candidate emerges who will try to cut wasteful spending and return the federal government to its original 'scale and scope,' Lotfi said he would enter the race. 'Voters want bottom-up solutions that will empower them. They want to reclaim the American dream,' he said. Others considering running for the post are Republican state Sen. Bill Powers of Clarksville, Republican state Rep. Jody Barrett of Dickson and former Republican state Rep. Brandon Ogles of Brentwood. Those drawing mentions are House Speaker Cameron Sexton, state Rep. Gino Bulso and Chris Burger, a Tennessee political operative. On the Democratic side, state Rep. Vincent Dixie of Nashville confirmed he is considering running. 'I've had a lot of support and phone calls from people I respect who have asked me to run,' said Dixie. 'I am seriously contemplating running for District 7: I'm about 98.3% sure that this is what I want to do.' Sen. Charlane Oliver told the Lookout she is not interested in a congressional run at this time. 'I take it very seriously,' Oliver said. 'It's not just an opportunity, it's a life change. I'm honored and flattered that people would consider me.' Others being floated are former Nashville Mayors Megan Barry and John Cooper, state Rep. John Ray Clemmons, former Tennessee State University President Glenda Glover and Darden Copeland, founder of Nashville-based land use consulting firm Calvert Street Group. In a statement, Barry said, 'Green has announced his resignation before so let's see if he actually follows through. I'm still taking it all in and don't want to enter into this lightly.' 'I've been talking with my family and advisors and will make a decision when the time is right.' Clemmons told the Lookout that Democrats must unite behind a single candidate, but did not indicate whether he will run. State Bo Mitchell and state Sen. Jeff Yarbro, all of whom have been mentioned as potential candidates, did not respond to requests for comment from the Lookout. (Holly McCall contributed to this story.) SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
9 hours ago
- Yahoo
Expert weighs in on military deployment to Los Angeles protests
LANSING, Mich. (WLNS) – As protests continue against the Trump administration's immigration crackdown, Michigan experts and officials are speaking their minds. Protests started in Los Angeles on Friday, and since then, President Trump has ordered thousands of National Guard members and Marines to deploy in the area. 6 News spoke with a local Homeland Security and National Guard expert about his thoughts on the situation. Retired Brigadier General and Cooley Law Professor Emeritus Michael McDaniel told 6 News he's surprised at how small the protests are compared to the heavy military response. McDaniel says the current LA protests and riots are 'nowhere near' the that occurred after the Rodney King verdict. In that instance, the governor did request President George H.W. Bush to send troops, and Bush invoked the Insurrection Act. This is the most recent time the Insurrection Act has been used by a U.S. president. McDaniel rose through the ranks of the Michigan National Guard for nearly three decades and taught Domestic Operations Law and Constitutional Law at Cooley Law School. He explains that the president does have the ability to use military force domestically through the Insurrection Act—however, he says President Trump has not invoked the act, and neither the California governor nor the state legislature has requested the deployment of troops—which McDaniel says is required before the federal government intervenes. '[President Trump] is, in essence, using military forces for the sole purpose of protecting a federal building,' said McDaniel. 'The military has to be apolitical, neutral. They cannot be engaged in that.' McDaniel says the ability to engage and deter criminal activity is first and foremost with the states, and the federal government should stay out of it. '[The military] cannot do law enforcement,' said McDaniel. 'And if they do, they are acting unlawfully. Maybe the president has immunity under the Supreme Court ruling, but the military leaders do not…and they would be following, I believe, an unlawful order which is contrary to the Uniform Code of Military Justice.' McDaniel says he believes President Trump is acting unconstitutionally in this situation. Furthermore, McDaniel does not believe there's any need for federal troops to be involved. 'It suggests that the president, the current president, sees the military as an instrument that he can use to quash political speech,' said McDaniel. McDaniel also says that although the current issues are in California, the implications are far-reaching and can affect anyone. 'Protests are covered under the First Amendment,' said McDaniel. 'If…the White House decides to use military force to stifle First Amendment debate, political debate, political speech—which goes to the core of our Constitution and our system of government—none of us are safe from an authoritarian state. I'm stating that awfully strongly, but I believe it strongly, that you have to allow types of protests. You cannot have the federal government step in.' Representative Josh Schriver (R-Oxford) was scheduled to hold a press conference Wednesday, urging local governments to cooperate with the U.S. Immigration and Customs Enforcement (ICE) and put a stop to 'lawless violence'. 6 News planned to attend that conference, but it was rescheduled to Thursday. 6 News will keep you updated as we learn more. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14 hours ago
- Yahoo
Inside New York's Protest Against ICE Raids: 'We Should Be Putting Resources Towards Life'
"Hearst Magazines and Yahoo may earn commission or revenue on some items through these links." Carved onto the front of the New York State Supreme Court Building are words once written by George Washington: 'The true administration of justice is the firmest pillar of good government.' The quote, which emphasizes the justice system as a stabilizing political force, loomed over thousands of protestors like a specter on Tuesday at Manhattan's Foley Square, the site of several federal immigration courts where plainclothes officers, emboldened by the Trump administration's crackdown on immigration, have arrested dozens of migrants attending routine case hearings over the past few weeks. The protestors had mobilized within 24 hours, spurred on by a call to action amplified by several local organizations including the People's Forum, Damayan Migrant Workers Association, and the National Day Laborer Organizing Network. For days, images and videos from Los Angeles—where thousands are rallying against recent Immigration and Customs Enforcement raids and deportations—have flooded social media and news feeds. The struggle has ignited dozens of more protests across the country. 'People are seeing that ICE is invading their communities,' says David Chung, an organizer with the People's Forum. 'They're seeing that ICE is spending all of these resources that they claim that immigrants are taking and they're ready to stand up and fight back.' After protests broke out in LA last week, Trump deployed 4,000 National Guard troops and 700 Marines to quell demonstrations. Instead, the military presence has only escalated already jittery tensions. On Monday, Governor Gavin Newsom filed a lawsuit against the Trump administration for the legally questionable deployment, which the Pentagon estimates will cost $134 million. 'That's money that could be actually used to feed hungry people here, house homeless people here,' says Chung, who immigrated to the U.S. from Korea at three years old. 'All we're saying is that we should be putting resources towards life, towards the people, and that's why we're protesting.' For Beth Levy, an attendee at Tuesday's event and the chair of the Immigration and Justice Committee of an Indivisibles chapter that covers part of the Bronx and Westchester, the deportations are a horrifying callback to the past. 'It reminds me of the Holocaust,' she says. 'Innocent people, even people without status, deserve asylum and the right to be here.' As different speakers stepped up to the mic, the demonstration at Foley Square remained as peaceful as it was emphatic, though there was a general sense of weariness of being perceived as the right kind of protestor. Over the past week, media outlets have inevitably characterized protests in LA as 'violent,' a descriptor that gives vandalism or a tossed rock the same—or even heavier—weight than, say, the LAPD aiming their flash bangs and rubber bullets against unarmed protestors (and, in one case, an Australian journalist during a live broadcast). Indeed, later on Tuesday night in New York, a faction of the protestors returned to Foley Square, near a government building where arrested migrants have been detained. Officers in riot gear were filmed dragging individuals by their backs and slamming them to the ground as they crossed the street. Addressing the crowd onstage that afternoon, Palestinian-American activist Linda Sarsour encouraged critics to reorient their understanding of violence. 'The root of this problem is not protestors,' Sarsour said. 'The root of this problem is masked men who are kidnapping mothers and fathers and students.' Half a year into the second Trump administration, it's an understatement to say that trust between exhausted Americans and public officials has deteriorated beyond partisan lines. For years, advocates have called for the abolition of ICE, Sarsour added. 'Liberals and Democrats called us radical. Democrats defended ICE and, in fact, gave them more resources,' she said. 'So I'm not really feeling the clutching of pearls when it's you, the Democratic party and Democratic leadership, that gave ICE the resources and tools to attack our communities.' As helicopters and drones whirred overhead and dozens of New York Police Department officers lined barricades along the streets, New Yorkers raised bright yellow posters that read 'ICE Out of New York' and 'Stop the Deportations Now.' They marched west, stopping traffic on Broadway, where throngs of Big Buses bearing tourists looked on and outdoor dining spectators raised their phones to record. They chanted to the beat of drums and brass instruments, reciting, 'El pueblo unido jamás será vencido!' They wore keffiyehs and pins, they offered masks and water bottles, they passed anti-fascist pamphlets and fliers, and they waved upside-down American flags. In this city, the cacophony of honking is nothing new, but as halted drivers joined the passing parade by blasting their own horns, it sounded something like a jubilant chorus. You Might Also Like 4 Investment-Worthy Skincare Finds From Sephora The 17 Best Retinol Creams Worth Adding to Your Skin Care Routine
