Keep the Powerful 'in Awe'
Thanks for an interesting column [Insights, Sept. 28] on the Tennessee Supreme Court's recent abortion opinion. I thought I'd write to note an aspect of the opinion that most of the press coverage has missed. Article I, sections 1 & 2 of the Tennessee Constitution provide: 1) "That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefensible right to alter, reform, or abolish the government in such manner as they may think proper;" and 2) "That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind." The Tennessee Supreme Court has consistently interpreted these two provisions as declaring the right of Tennesseans to revolt against a government that becomes arbitrary and oppressive.
In its privacy decisions, which have covered the gamut from parental rights, to procreation, to (now) abortion, the court has cited these provisions as evidence that the Tennessee Constitution was never intended to grant the government the power to be arbitrary and oppressive. It would be "absurd" after all, to argue that a charter that recognizes the right to stage a revolution against an oppressive government was also intended to empower that government to be oppressive. (Interestingly, the same thinking underlies the Tennessee Constitution's right to bear arms provision, which the Tennessee Supreme Court said in 1840 was intended to promote an armed citizenry so as "to keep in awe those who are in power.")
Most of the press coverage has treated the abortion decision as a case of the Tennessee Supreme Court discovering a "new" right in the Tennessee Constitution. It might be more accurate to say that the Tennessee Supreme Court is finally beginning to recognize limits on government power that have been there since the start.
Glenn Harlan Reynolds
Professor of Law
University of Tennessee, Knoxville
Lay Off Poor Victor
I was surprised to see the bit in Ear to the Ground [Oct. 5] about Mayor Victor Ashe and his gift certificates at Lula. I thought it was in poor taste and reflected a desire to find any reason to ding the mayor.
Mr. Ashe had every right, as did the many others who redeemed their certificates over our final weekend, to enjoy the dinner for which he had paid when he bought the certificates. In fact, the mayor's chits came from a charity auction, so he likely paid far more than the price of dinner for them and helped out a local non-profit along the way.
My apologies to the mayor, and thanks to anyone who ever dined at Lula, including those with gift certificates.
Scott Partin, Lula proprietor
Knoxville
A Touch o' Single-Malt for the Mate Then
I enjoyed Joe Tarr's [Oct. 5] piece about single-malt Scotch, which is perhaps the finest whiskey made in this solar system.
He was correct to mention the Island of Islay, a magnificent inner-Hebridean Island that produces, through an accident of geography, the best single-malt on this planet. The single-malts distilled there are heavily influenced by the sea and richly flavored by its highly organic native peat, which is 7,000 years old.
The best description of Islay single malts I have ever heard, is attributed to Ralph Steadman, who said it has "a strong salt-sprayed aye, aye Cap'n, seaweedy flavour."
Although Islay's single malts are slowly becoming mainstream legend in the U.S., some of its attributes are held privately and remain [heretofore] unpublished. A lady friend, who was exclusively a white wine drinker, was once mentioning to some friends that her favorite drink was single-malt Scotch. Of course I asked her why. She replied that she enjoyed being the beneficiary of such an obvious aphrodisiac.
Howard Zoldessy
Knoxville
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