Sen. Crowe co-sponsors bill to establish
state constitutional convention
By Megan R. Harrell
Star Staff
mharrell@starhq.com
Sen. Rusty Crowe (R-Johnson City) has stated
that he will co-sponsor a Senate bill with Republican Senators
Curtis Person and Mark Norris which could allow citizens to
vote in August on calling a limited constitutional convention.
The convention would concentrate on revenue reform and the
state's tax structure.
Senate Bill No. 3156 could implement a management
performance based accountability system similar to Total Quality
Management (TQM) or Management By Objectives (MBO). It would
require each Department of the State to review each piece
of legislation that pertains to each department within the
government and determine whether the laws are obsolete, overlapping
in function, or driving up costs or spending.
Sen. Crowe hopes the public will vote on the
bill that he views as a step in securing citizens constitutional
powers. "The power to tax or limit taxation and expenditures
is derived from our Constitution," Sen. Crowe said. "Article
II is presently understood to prohibit a tax on income except
for investment income from stocks and bonds. The governor
and legislators cannot change the constitutional rule of law
that prohibits a general tax on earned income. The people
have that right."
Under the Crowe, Person and Norris Plan, all
Tennesseans would have the opportunity to vote in this August's
primary election to decide on the establishment of the constitutional
convention. If the public votes in favor of the convention
then the Senate will elect delegates to the convention at
the general election in November.
Delegates elected would convene all year long
to decide whether or not the state needs to change its tax
structure. Reforms could include repealing the tax on stocks
and bonds, adopting limits on taxation, altering sales tax,
or implementing an income tax. The convention's decisions
will be presented for approval at the polls not later than
the next general election in 2003.
In the meantime the senators believe Tennessee
can fund its needs through conservative modifications to the
existing sales tax system, reallocating other revenues, and
continuing to reduce the size of the government.
Between 1928 and 1960 the Tennessee Supreme Court
has made four rulings that a tax on general income is unconstitutional.
Each ruling was decided with a 5-0 vote. The latest ruling,
which has never been overturned, was the Jack Cole Company
v. Macfarland. The decision handed down stated, "Realizing
and receiving income or earnings is not a privilege that can
be taxed. Privileges are special rights, belonging to the
individual or class, and not the mass. Since the right to
receive income or earnings is a right belonging to every person,
this right cannot be taxed a privilege."
Sen. Crowe believes that there is clearly a precedent
in the state on the issue of taxing general income, and asserts
that the bill he co-sponsors will make sure the precedent
continues. "I have promised to vote no to an income tax and
I will keep my word," Sen. Crowe said. "The power is inherent
in the people and the Crowe, Person and Norris Plan restores
the people's right to exercise that power and show respect
for our established rule of law."