One would think these legal scholars would be knowledgeable in constitutional law but they fail constitutional law test, and they fail miserably.
By John Gentry
Since I have made them aware of their legal blunder and bungling of constitutional law, and thus far, they refuse to correct the situation, I can only conclude their conduct is an unlawful usurpation of power, and an intentional alteration of our fundamental form of government.
This is the head of the snake of corruption exposed to the light of day and for all eyes to see, and these agencies must be abolished and/or reformed.
Altering our fundamental form of government is a declared act of tyranny as stated in our Declaration of Independence: “For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments.”
Constitutional limits
They are unfit for office, and I have demanded their impeachment.
Tenn. Const., Art II, § 2 states:
No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others.
Tenn. Const., Art II, § 26 states:
No judge of any court of law or equity, secretary of state, attorney general, …, shall have a seat in the General Assembly.
Tenn. Const., Art V, § 1 states:
The House of Representatives shall have the sole power of impeachment.
Tenn. Const., Art VI, § 6 states:
Judges and attorneys for the state may be removed from office by a concurrent vote of both Houses of the General Assembly.
Tenn. Const., Art VI, § 7 states:
The judges of the Supreme or Inferior Courts, … shall not … hold any other office of trust or profit under this state or the United States.
The Tennessee constitution is clear. One need not be a legal scholar to understand this plain language. No person(s) of one branch of government, shall exercise power belonging to another branch. No judge or attorney general shall have a seat in the General Assembly. No judge shall be allowed to hold any other office of trust or profit under this state. Oversight of the judiciary, and the legislative power to impeach or remove judges is a legislative power.
‘Judicial conduct’ board illegal
The state operates two illegal agencies violating these powers:
➤ The Tennessee Board of Judicial Conduct is an unconstitutional agency with judges holding prohibited second offices of trust, and exercising legislative power in violation of the separation of powers doctrine. That agency has for since inception, protected corrupt judges.
➤ The Tennessee Code Commission is an unconstitutional agency with our chief justice holding a prohibited second office of trust, in violation of the separation of powers doctrine, and with the chief justice and attorney general holding de facto prohibited seats in the General Assembly. These prohibited offices are used to pervert the Tennessee Code Annotated (our statutory law) from its intended purpose.
What is an office of trust?
Office: A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose. Black’s Law Dictionary, Tenth Edition
“The Incompatibility Clause (prohibited 2nd offices of trust) seeks to prevent corruption by ensuring that “the mere acceptance of an office, as a bribe, effectually destroys the end for which it was offered” Elliot’s Debates at 475-76 James Wilson, Penn. Ratifying Convention Dec. 4, 1787
“The Incompatibility Clause was motivated by worries about British-style corruption. The Framers did not perceive it as having much to do with the separation of powers …” Steven G. Calabresi & Joan L. Larsen, One Person, One Office: Separation of Powers or Personnel?, 79 Cornell L. Rev. 1045, 1077 (1994)
Office of Trust: An office whose duties and functions require the exercise of discretion, judgment, experience and skill is an office of trust, and it is not necessary that the officer should have the handling of public money or property, or the care and oversight of some pecuniary interest of the government. A TREATISE ON THE LAW OF PUBLIC OFFICES AND OFFICERS § 16 (1890).
Forbidden offices of trust
Clearly the TBJC and Tenn. Code Commission are offices of trust and our constitution prohibits judges from holding these second offices.
Why are these prohibited offices of trust a problem?
Since its unconstitutional creation in 1971, the TBJC has never once recommended removal or impeachment of any judge. During one of my senate testimonies, it was admitted by Senator Roberts, that we have a problem with corrupt judges. I stated plainly during testimony, the members of the TBJC are “criminals protecting criminals”. Not only is the TBJC an unconstitutional agency, they have been grossly negligent in performance of duty.
Code commission revises law
The Tenn. Code Comm. includes the chief justice and attorney general as members (TCA §1-1-101). The Tenn. Code Comm is authorized to compile, edit, and annotate Tenn. Code – our statutes and laws (TCA §1-1-105(a)).
The Tenn. Code Comm. “may prepare and submit … its recommendations for the revision in substance and form or the repeal or amendment of certain statutes or any portion thereof, and submit bills for the accomplishment of such proposed revision, repeal or amendment.” (TCA §1-1-114)
Wait a minute! What? The Code Comm. may submit recommendations for revision in substance and form or repeal or amendment of statutes and submit bills for that purpose? Really?
Can you imagine the outrage if Chief Justice Roberts of the Supreme Court of the United States submitted recommendation to the U.S. Congress to revise the substance and form of federal statutes in a bill?
Our chief justice of the Tennessee Supreme Court, and our attorney general have no business whatsoever having that kind of authority. The Code Commission positions are de facto legislative seats prohibited to them. That authority is in clear violation of the separation of powers doctrine as well as a prohibited second office of trust. If nothing else, this agency is against the intent of what the framers of our constitution wrote into our state constitution.
Here is a little more common sense for you.
Annotating the code, is adding court opinion to what the law means, in the eyes of the court. If the Tenn. Chief Justice and Attorney General are compiling, editing, annotating, and perhaps proposing change to substance and form of our statutes and laws, how possibly can they render objective opinion on the constitutionality of statutes and laws? They cannot. As members of the Tenn. Code Commission, the Chief Justice and Attorney General have rendered themselves incapable of performing a basic function of their office and they are no longer fit to serve.
I stated all of this in my Petition of Remonstrance, filed in, and entered into the journals of both houses. Director of Legislation, Holt Whitt, confided to me that members of the House also do not approve of Tenn. Code Commission – but not for reasons I stated.
The Tennessee Code Commission and Tennessee Board of Judicial Conduct are unconstitutional agencies. They are the beating black heart of corruption in Tennessee. They must be abolished, and a proper form of government reinstated.
Run for state senate
Vote “John A Gentry” to restore the republic as intended by the founders. A republican government, which means; (1) Rule of Law with equal treatment under the law, (2) a republican government adheres to state and federal constitutions, and (3) upholds all constitutional rights of the people.
I continue to fight hard to (1) restore justice to our courts, (2) restore the right of remonstrance, (3) correct the false version of the state constitution, and (3) restore judicial accountability. In short, I fight to restore justice. Justice defined is the fair treatment of people. Justice is love. Justice is God’s love, and there is no more worthy cause to fight for than to fight for justice.
I urge my fellow citizens across the entire state of Tennessee to put me in office so that I can better serve the people and our republic.
Humbly stated, my work is as profoundly important as when our forefathers declared independence from Great Britain. LEARN MORE; on Facebook @Gentry4ThePeople & https://wethepeoplev50.com/
John A Gentry, CPA, constitutional republican campaigning as Independent
A Republic is where the People lawfully hold ALL power (see Constitution of Tennessee Republic). A Republican form of government is where the self-governing holders of all power IS government. Not a corporation that occupies the offices of the People by constructive-fraud, against those People.
“I urge my fellow citizens across the entire state of Tennessee to put me in office so that I can better serve the people and our republic.”
How does that serve a purpose of re-forming a Republic within the Land of Tennessee, when the constructive-fraud demands that the citizen of the Republic reduce themselves to a mere resident status (those here temporarily to do business), to be “allowed” to vote?
In other words, turn your back on your Republic, yield it and your rights established long antecedent to the formation of the state, to elect as corporate residents, officers in name only to rule you arbitrarily, and in accordance to their own desire for power over you, and somewhere up the road you will have a Republic again.
When has that ever happened, and worked to re-form a Republic, in the known history of mankind?
I agree more and more with your outlook,Jon.Politics is the process of selecting those people we want to be abused by, or by whom we accept being abused in our rights. All politics is about prosecution and court cases. Which cases are heard, which prosecuted? Which wrongs are actionable with state as victim? The state is always the victim, with every new law. Enough new laws. Let’s get rid of the statutes we have. Let’s pare back the state, and eliminate it with liberty and Christendom lived and breathed in the details.
Politics amounts to the marketing of evil, in the interest of reducing People, and stealing their authority, or at least persuading them to NOT use it in the Lawful conduct of their lives.
This is only my opinion, but it seems to me that for as long as you are convinced that permission is needed from some great high authority, American Liberty will be in peril.
Our foundation is that we are the authority, it seems that we need to re-learn that and explain it to our hired help in Washington D.C. In my experience with this subject, it seems that there are two things that no one wants to do, regardless of their position. One is to give permission, and the other is to make a determination. It appears to me that if the Congress or IRS really had the great authority that they are credited with, they would not be so dependent on OUR determination.
It only demonstrates that we are the authority. This is what it comes down to, each must make their own decision and determination, it is nothing different from what you are already doing. It’s just that the determination you are already making is probably costing your future.
It makes me sick to hear a politician make a statement along the lines of “we can’t let people provide for their own retirement.” We elect a representative and all of a sudden we have an expert/daddy deciding what is best for us concerning our own lives.
When did the role change? It changed when “We the People” abdicated our responsibility for self governance. See, that is the way that it works, if you don’t make the determinations for your own life, some self-interested politician will be glad to do it for you, or coerce you to yield your authority. And if you let it go on long enough, you then are hearing about what else they can’t “let” you, in regard to your own life… because they know best.
But, our determination seems to be very much needed. You don’t need to sign a form every time you buy a tank of gas and pay excise tax on each gallon. Could it be that you already authorized that tax via a properly executed law?
The USA has, from the very beginning, stood in defiance of a world that would withhold permission. It seems ironic that we, the children of rebellion, would now put so much into asking or seeking permission for what we should be able to determine on our own. Our forefathers held with what they determined to be right as individuals, and they collectively stayed the course to base our Republic on a foundation of self governance by law of the people.
Both their brilliance and humility are evidenced in the perfection that they left in our Constitution. The only thing that they could not fix would be our determination to keep it. Maybe that is as it should be.
The spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless.
A single zealot may become persecutor, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right, on a legal basis, is while our rulers are honest, and ourselves united. From the conclusion of this war (revolution) we shall be going down hill. It will not then be necessary to resort every moment to the people for support.
They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of the war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion.
There are two subjects which I shall claim a right to further as long as I have breath: the public education and the subdivision of the counties into wards (townships). I consider the continuance of Republican government as absolutely hanging on these two hooks. Where every man is a sharer in the direction of his ward republic or of some of the higher ones, and feels that he is a participator in the government of affairs, not merely at an election one day in the year, but every day; when there shall not be a man in the State who shall not be a member of some one of its councils, great or small, he will let the heart be torn out of his body sooner then his power be wrested from him by a Caesar or Bonaparte.
Thomas Jefferson
If you are afraid, stop and feel the fear as much as you can. While it is with you, ask yourself if it could possibly be right that you are living in a country founded on the principles of freedom, Liberty, and the Sovereign rights of the people, yet you stand in fear of its government. While so many gave their very lives to secure these unalienable rights to this great nation, you have only to stand up to secure them to yourself and your posterity. If you will, you will learn that fear is a powerless jailer.