Bill to Clip the Wings of State Attorney General Advances in Tennessee

While Gov. Bill Haslan claims it's a power grab that could violate the state constitution and politicize an independent office, a bill to provide more power to the General Assembly and the Governor over the actions of the state attorney general is inching ahead.

The state Senate version of the bill has already passed at committee level and is scheduled for a full Senate vote, and the state House version of the bill is on a subcommittee calendar for debate on Wednesday.

Supporters of the bill claim the intended changes to affairs would make the Tennessee Attorney General's office more accountable to state residents. Currently, the supporters of the bill claim, the appointment of the state attorney general is done by Tennessee Supreme Court justices, who are appointed by the governor - and in effect the governor's office holds significant influence over the process.

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In essence, supporters of the bill suggest the office of the state attorney general is already politicized, while opponents claim the bill would politicize an otherwise independent office.

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The sponsor of the bill, Rep. Joe Carr R -Lascassas, commented that recent comments by U.S. Attorney General Eric Holder influencing state attorneys general over critical issues prompted him into immediate action. He said, "I was very, very alarmed by the recent comments of U.S. Attorney General Eric Holder telling the state attorneys general they didn't have to defend state law or state constitutions regarding the Defense of Marriage Act."

One of the biggest factors motivating the bill is to protect the same-sex marriage ban in the state. Carr, the promoter of the bill, referenced the 2006 Tennessee Marriage Protection Amendment that spelled out marriage as a union between one man and one woman, and that the public had voted 81 percent in favor of the amendment.

Carr also does not support the idea of electing appellate judges, and also in the case of attorneys general, he said states which choose to elect rather than select their attorneys general end up with the office becoming highly political.