Most of you are probably aware that four (4) proposed amendments to our Beloved Tennessee Constitution are going to be on the November 2022 ballot for the people to “ratify such amendment or amendments by a majority of all the citizens of the state voting for governor.”
By John Gentry
These proposed amendments are VOID since they are not published to the people as required by Article XI, Section 3 of the Tennessee Constitution.
The proposed amendments have not been published, and they have not been published six months prior to the election of the second congressional session. Therefore, the proposed amendments cannot lawfully be on the November ballot.
As evidenced by the JOURNAL OF THE CONVENTION OF THE STATE OF TENNESSEE 1870, and their resolutions on Printing the New Constitution prior to ratification by the people, the general assembly adhered to the provisions in Article XI, § 3 that “such proposed amendment or amendments shall be entered on their journals with the yeas and nays thereon, and referred to the General Assembly then next to be chosen; and shall be published six months previous to the time of making such choice”
Black’s Law Dictionary, Fifth Edition defines “publish” as follows;
To make public; to circulate; to make known to people in general. To issue; to put into circulation. An advising of the public. Or making known of something to the public for a purpose.
As evidenced in the 1870 Journal of the Convention, by a narrow four vote margin, 30 yeas and 34 nays or 47% for vs. 53% against newspaper ads, the convention decided not to advertise the Constitution in the newspapers of the major cities and every county.
Although your predecessors (knowing the constitution as they did since they wrote it) decided not to advertise the new constitution in newspapers, it’s still a good idea to provide as many of the people as possible an opportunity to discuss proposed amendments. If you want them to vote to amend, and it is proper to do so, don’t you want the people to know what they are voting for? Why bother with the vote of the people anyway? Just for appearances of propriety?
Regardless of not advertising in newspapers, they did publish fifty thousand (50,000) copies to “deliver four hundred copies thereof to each one of the Delegates to this Convention for general distribution among the people.” as well as a copy of the Journal of the Convention – “250 copies of said Journal with the State Librarian, and that he deliver 30 copies to each Delegate to this Body for distribution.”
I implore the good members of the General Assembly to resolve to instruct the Secretary of State or Election Commission to not include these amendments on the ballot since they are proposed in violation of Art. XI, § 3.
Please know, without your good conscious resolving to remove the amendments from the ballot, I will continue the educate the people of the General Assembly’s malfeasance. You should take note that more good citizens rally to my side every day and that my work resonates with the people, and perhaps even I will defeat this “pretended legislation” at the ballot.
I do not mean to be disrespectful with such blunt and frank language alleging malfeasance, but my experience of your leadership thus far, indicates to me that the leadership of the General Assembly has no regard for our Beloved Tennessee Constitution or the people, evidenced by the fraudulent version of the Constitution on the General Assembly website. Go compare the last phrase of Art I, § 23 of the constitution in Tennessee Code Annotated, to the fraudulent version on the General Assembly website, and you will know I speak truth.
Moreover, it is my intent to seek legal remedy if the General Assembly refuses to resolve to instruct the Secretary of State and/or Election Commission to keep these amendments off the ballot. Yes, I am well aware of the rampant corruption of our judiciary that sides always with the unlawful conduct of government, but nevertheless I will establish a record in a court of law and/or equity.
PRINTING THE NEW CONSTITUITON – JOURNAL OF THE CONVENTION OF THE STATE OF TENNESSEE 1870
Mr. Turner offered the following resolution:
Resolved, That the Committee on Revision and Enrollment be instructed to have printed ten thousand copies of the amended Constitution, at as an early day as practicable. The same to be so printed as to show the additions and amendments to the present Constitution.
Mr. Williamson offered the following resolution;
Resolved, That for the information of the people an official copy of the amended Constitution, adopted by this Convention, be published in the two papers of the largest circulation in the cities of Knoxville, Nashville and Memphis, and in one newspaper of the largest circulation in each other county in which a newspaper is now published; and that 30,000 copies of the said amended Constitution be printed by the Public Printers for general distribution; and that the newspapers publishing an official copy of the amended Constitution be paid fifty dollars each.
TUESDAY MORNING, FEBRUARY 22, 1870, JOURNAL OF THE CONVENTION OF THE STATE OF TENNESSEE, p. 391
REPORT ON PRINTING
Mr. Garner, from the Committee on Printing, made the following report:
The majority of the Committee on Printing, to whom was referred the resolutions of Messrs. Williamson, Turner and Seay, relative to copying and printing the Constitution adopted by the Convention, and the Journal of this Body, have instructed me to report the following resolution, and recommend its adoption:
Resolved, That the Secretary of this Body remain at Nashville after the final adjournment of the Convention, and procure the printing by the Public Printers, in pamphlet form, of thirty thousand [30,000]copies of the Constitution adopted by this body, and deliver four hundred copies thereof to each one of the Delegates to this Convention for general distribution among the people with all practicable dispatch.
Also, that the Secretary have said Constitution printed, as early as possible, as an advertisement, in two newspapers of general circulation, printed at Nashville, two at Memphis, and two at Knoxville, and in one paper in every other county in the State wherein a newspaper is printed; and that the publishers of each of those papers be paid fifty dollars therefor.
Also, that the Secretary copy the Journal of the Proceedings of this Body in a well-bound book, written in a fair copy hand, and deposit said book at the Capitol among the archives of the State; and that he procure to be printed by the Public Printers, on good paper, and to be bound in sheep, 2500 copies of said journal, first making out a full index thereto, and deposit 250 copies of said Journal with the State Librarian, and that he deliver 30 copies to each Delegate to this Body for distribution. For all which service the Secretary shall receive ________ dollars.
On motion of Mr. Garner, the report was taken up.
On motion of Mr. Nicholson, that part requiring the Secretary to cause the Constitution to be printed as an advertisement in different newspapers, was stricken out.
Mr. Thompson, of Davidson, moved that 100,000 copies of the Constitution be printed for general distribution which was rejected.
Mr. Baxter moved to printing 75,000 copies of the Constitution, and demanded the yeas and nays, which were ordered, the motion rejected.
Mr. Garner moved to print 50,000 copies, and demanded the yeas and nays, which were ordered, and the motion was adopted. Yeas 38, Nays 23
Mr. House, of Montgomery, etc., moved to reconsider the vote rejecting that part of the resolution which authorized the printing of the Constitution in the newspapers. Mr. Fielder demanded the yeas and nays, which were ordered, and the motion to reconsider rejected. Yeas 30, Nays 34
END JOURNAL EXCERPTS
Now you have evidence of the conduct of your predecessors. I hope you will follow their example in a time when our government was republican in character and form.
Mr. Gentry is an independent candidate for governor, residing in Goodlettsville.