Amendment Would Set Process for Determining Governor’s Capacity to Serve

Tennessee lawmakers are considering a constitutional amendment that would give the supreme court an important role in determining if a governor is incapable to serve. Under SJR 103 introduced by Knoxville Republican Senator Becky Duncan Massey, the Attorney General could petition the Supreme Court seeking a declaration that the governor was “unable to perform the powers and duties of the office.” The court would rule on the petition and could remove the governor, who must then re-petition the Court for reinstatement within 30 days. If passed, Tennessee would join 25 other states that allow the court to play a role in gubernatorial incapacity determinations. Gavel to Gavel has the story.