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Welcome: An Open Letter to Those Leaving CA & NY

Dear Californians and New Yorkers,

We would like to welcome you to Tennessee, Texas, and Florida. We truly believe in southern hospitality. We’ve operated that way our whole lives. Don’t be surprised when total strangers start waiving at you. Oh, and if someone says, “Bless your heart”, it’s not a good thing, though it sounds like it. And always try the biscuits.

We don’t hold resentment toward you for wanting to better your lives by moving here. We’d all do the same. We want to benefit from your contribution to society. We understand that in 2019 alone, 653,000 people left California. We know that number will probably be even higher in 2021. We understand that Tennessee is #1, Texas #2, and Florida is #3 on Uhaul’s list of one-way trucks entering states.

The purpose of this letter is to remind you why. See, we believe that the liberal and conservative can work together and get along. We believe in “you do you.” We believe in the good of humanity which causes us not to rely on the government. Remember 9/12/2001? There were no republicans in TN, TX, or FL that day. There were no democrats. There were no black and white people. There were no straight or gay people that day. There were only Americans helping Americans get through this trying time. In 2010, TN endured a devastating flood that shocked the nation. That event brought out the best in everyone. People were once again helping out complete strangers with total disregard to identity or background. Church attendance again reached an all-time high. In March 2020, middle TN was hit by strong tornadoes. Immediately, Tennesseans rushed out to help people they had never met. Events like these show us that people, at their core, are good people. We believe the same about you until you give good reason to believe otherwise.

Californians are fleeing by the droves and are all stating the same few reasons, personal taxes, business taxes, government policies, some of which led to shutdowns, and the lack of affordability to the middle-class family. Ask yourself how it got there. Think long and hard about how a vibrant, rich state, got to a place where it was too expensive for a middle-class family to live there. Ask yourself why that hasn’t changed.

What you’ll find are a few consistent principles. Big government leads to either mass exodus or opposition to tyranny. I learned that in history. But you, from California and NY don’t have to look back very far in history to see what relying on the government does. Raising taxes only hurts everyone EXCEPT the government. Making it impossible for a business to profit causes them to go where they can profit. Capitalism works when used correctly. Government doesn’t generate revenue; it only spends it. Of the top 10 states that people are leaving, NY #1, CA #2 and through MA #10, ALL of them are governed by big government policies: big government spending and control. Ask yourself, why would people leave that and come to our states. The answer is for the same reason you did. Big government PROVED to not work.

In our states, we believe that we know what to do with our money better than any government entity. We don’t force conservative or liberal opinions on you, and we don’t want other opinions forced on us. What you believe about a certain subject is perfectly fine. But we’d rather not see legislation stating we must believe the way you believe, nor do we want to see legislation stating you must believe the way we believe. Again, you do you.

So now you’re here, in TN, TX, and FL. And in these states, we believe that the people should retain more of their own money. We believe that people know how to spend it more appropriately than government. TN still has no state income tax… and we’re thriving. How could that be? Because people know what to do with their money to stimulate the economy. We believe in the humanity and goodness of people to give to charity, which we all do. We believe that personal choice is a constitutionally protected right and individual responsibility is vital to a thriving economy. We believe that if you want to wear a mask, that’s up to you. If you want to get a vaccine, that’s up to you. Don’t believe in God or church? Don’t go. Up to you. Don’t like guns? Don’t buy one. You will not be shamed for doing so or not doing so. You will, however, receive resistance if you are pushing us towards or away from any of those. You do you.

But remember that FL has remained open this entire time and has had by far the best overall response to covid in the country, with South Dakota close behind. Florida’s covid numbers are excellent. How did that happen? Protect those that are vulnerable to it, let everyone else go to work. Governor DeSantis refused to make an illness political. He just used common sense.

So, here’s where we have one request, we simply ask one thing, please don’t begin looking to make TN, TX, or FL just like home. We ask that you understand HOW we got to be YOUR destination, then begin to find a way to adapt so that you too can thrive. If we start implementing policies in these 3 states that line up with states you’re leaving, making the government too big, there will be mass exodus or opposition to tyranny here as well. Let’s avoid that if possible. Again, welcome. We’re glad you’re our neighbors. To us it means there are more good people to come together in times of need. In the words of my good friend, Jeff Pence of FL, “Hello Neighbor!” Now, somebody pass the biscuits!

Stay Classy GP,

Grainger 

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I Plead the 5th

We are all pretty tired of covid. We’ve seen rises in depression, anxiety, domestic abuse, child abuse, as well as drug and alcohol abuse as a result of being quarantined; quarantined whether you’re healthy or not. The debate began. “For the love of humanity, wear a mask!” And in the same breath, “But let me go to work!” Unfortunately, the two issues fall under the same umbrella, individual liberty. We either give it up entirely and accept that the government mandates and forces by law that we are all wearing masks and closing businesses OR we all open businesses as WE (the people) see fit and wear masks if WE (the people) are concerned; individual liberty and choice.

To dive a little deeper into this, we have to understand the US constitution, and in my personal case, the Tennessee constitution. First, masks. Can the government mandate that the public wear masks? Well, ask yourself this question, can the government mandate that you wear a seat belt? The answer to that is obviously yes. But there’s one HUGE distinction: the legislative branch proposed a bill requiring seat belts be worn that, after traveling through the proper channels, was voted on and passed into law. The law mandating masks being worn in public hasn’t had that opportunity. There has been no involvement from the legislative branch on masks in any government in the US. Again, we’re back to the constitution. Let’s see what it says.

Article II, section 2 of the Tennessee constitution says this, “No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.”

Article II, section 3 says this, “The legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people.”

Article II, section 18 says this, “A bill shall become law when it has been considered and passed on three different days in each House and on third and final consideration has received the assent of a majority of all the members to which each House is entitled under this Constitution, when the respective speakers have signed the bill with the date of such signing appearing in the journal, and when the bill has been approved by the governor or otherwise passed under the provisions of this Constitution.”

Based solely on these three articles, it is unconstitutional for ANY branch of government to exercise authority over another branch. In the mask controversy, the executive branch exercised authority over the legislative branch by enacting a law without that branch. Look up “separation of powers” or “Checks and balances”. But what does this have to do with businesses? Glad you asked.

The constitution was designed to limit the government, never the people. So let’s return to the constitution. The US constitution, Amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…” Your business is “property”.

More succinctly, in the case of Tennesseans, the TN constitution states in Article I, section 21, “That no man’s particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefore.”

Based solely on the US constitution and the TN constitution, it would be unconstitutional to mandate a business closure without “due process of law”. In the midst of this “pandemic”, businesses were forced to close, due to no fault of their own, without due process of any kind. Sports industries have been shut down… without due process of any kind. The entertainment industry (bars, concerts) which is close to my heart, has been shut down… without due process of any kind. Both the US and the TN constitution limit activity. But wait, it’s a state of emergency. That changes things. Possibly… let’s look.

Emergency management codes were all designed to “suspend” laws in order to expedite resources needed to help recover quickly from an emergency. For instance, laws that require multi-level approval for funding can be suspended during a state of emergency in order to expedite the funds. Another suspension of laws includes liability. If a first responder administers treatment because of an emergency, that responder is free from liability during a state of emergency. Laws were never meant to be created and/or enacted during this time.

During the pandemic, the federal government issued suggestions of safety. They gave recommendations. The states, however, began issuing mandates across the country (all except South Dakota). In TN, in particular, my home state, the governor began issuing mandated businesses closures and mask mandates which transferred authority to mayors throughout the state. The only basis on which he was able to act was one code. T.C.A. § 58-2-107.

T.C.A. § 58-2-107 Part (a)(1) says, “In the event of an emergency beyond local control, the governor… may assume direct operational control… and such person has the power through proper process of law to carry out the provisions of this chapter. The governor is authorized to delegate such powers as the governor may deem prudent.”  Part (a)(2) says, “…the governor may issue executive orders. Such executive orders, proclamations, and rules have the force and effect of law.” This code is strictly unconstitutional, per the above text from both the US constitution and the TN constitution.

There is hope. Take a look at an example HERE where the supreme court overruled a president for attempting to issue an executive order that, in the supreme court’s opinion, was unconstitutional. In Tennessee, there is an organization taking a stand against the unconstitutional code that gives the Governor too much power. Click HERE to read more. There’s also a petition to get the Tennessee house and senate’s attention. Click HERE for that. So, when it comes down to the bottom line on whether businesses should be forced to close or we should be forced to wear a mask in public, ask the simple question, did anyone vote on this? If the answer is no, then a king must be involved. As for me… I plead the 5th (Amendment).

Stay Classy GP!

Grainger