Legal reformer John Gentry has been a guest many times on Tulis Report at NoogaRadio 96.9 FM explaining the abuses of multiple offices of trust, of law by high officials, of Republicans who ignore the constitution, and of barritry (creation of vexatious laws and litigioiusness) by lawyers who overpopulate the general assembly.
Mr. Gentry tells his views regarding emergency powers, against which I am suing Gov. Bill Lee under a petition for writ of mandamus. In short, Mr. Gentry says, such powers are forbidden by the supreme law protections due a free people.
‘Martial law’ ban
Ballotpedia: Under what circumstances should the governor of your state be able to use emergency powers?
John Gentry: Only in case of war and insurrection against a lawful authority. Our Tennessee Constitution prohibits “emergency powers” as follows; Art I, Section 25:
That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this state.”
“Martial law” is control of civilians on domestic territory.
“Unrestricted Power” is power without legislative authority, without power of veto, just one man or one body exercising power and authority.”or others” is governors, legislators, judges, county commissions, mayors, etc.
Therefore, “emergency powers” are inconsistent with principles of free government and are not confided to any department, including the executive department, i.e. governor.
John Gentry is a constitutional Republican and an independent candidate for governor 2022