The people of Tennessee are overdue a mechanism by which they might oust crooked judges who defy the constitution and run their courts in terms of pro-state presumptions.
By David Tulis / NoogaRadio 92.7 FM
Reformer John Gentry of Goodlettsville proposes such such a body. I have joined in rebuking members of the judiciary by proposing an addition to his initial remonstrance to the general assembly, which was largely ignored and hobbled by the assembly’s speakers and secretaries.
A major grievance that has arisen from my persistent reporting about police abuse the support of Jim Crow in Tennessee by judicial policy is the enforcement of the shipping-hauling-transportation statute against people not involved in transportation. The activity is done in malice, in bad faith and is unconstitutional, particularly since I put the Bill Haslam administration under my Tennessee transportation administrative notice in 2018.
Since at least 1940 and the opinion Sullins v. Butler, 135 S.W.2d 930, state government has enforced the driver license law and other commercial transportation statutes in Tenn. Code. Ann. § Title 55 against private users of the public right of way. The subject of regulation of transportation law is transportation, which is the carrying of goods and people for hire and for profit in what court cases call an extraordinary use of the roads.
The people of Tennessee have a right to use the roads for private purposes and for the exercise of their rights. It is malicious and in bad faith for the governor’s highway patrol to act ultra vires and to enforce commercial regulations upon people who are acting according to their liberty.
Gov. Bill Haslam was served transportation administrative notice March 5, 2018, as was commissioner David Purkey, but nothing has changed in traffic stop protocols. Gov. Bill Lee, a Republican, has made no changes in light of this notice regarding the rights of the people and black-letter law.
Mimicking their betters in Nashville, local governments across the state likewise are heedless of the rights of the people and are deaf to petition. Transportation administrative notice has been served on local officials. Representative bodies in the cities of Chattanooga, Red Bank and East Ridge have been put on notice. So has Hamilton County Sheriff Jim Hammond, as well as district attorney general Neal Pinkston.
The abuse is maintained by the judiciary, most recently by court of criminal appeal judges James Curwood Witt Jr., John Everett Williams and Timothy L. Easter in their opinion State of Tennessee v. Arthur Jay Hirsch, No. M2016-00321-CCA-R3-CD, July 18, 2017.
The courts use a legal fiction to hold the right of travel in Tennessee does not exist except for the changing of domicile from one state to another. The limits of the statute and the existence of constitutional rights of the people to communicate freely and enjoy “public travel” upon the roads and highways of the state have been ignored.
The right of free movement is a creational right, part of the biblical mandate that man should scatter and take dominion of the earth. It is a God-given, constitutionally guaranteed and unalienable right that inheres in every inhabitant and citizen in the State of Tennessee, and should in no way be abused by all three branches of state government, nor by erring officials in county and city.
The judges in the Hirsch case should be impeached for malfeasance and oppression, but the judicial oversight watchdog is not open to having them corrected or ousted, according to Mr. Gentry.
