Magistrates, that have power to protect those that are injured, if they neglect to redress their grievances are really guilty of inflicting them.
— Matthew Henry, commentary on Jepthah, Judges chapter 11
The people of Tennessee, 6.8 million in all, have title to liberty. That clear title is in a bill, an agreement they extend to the state and its servants in the form of a constitution.
The constitution is a political compact, a delegation of authority to the state, an entity known generally as the “government.” It establishes ownership of liberty as belonging to the people en masse, and also personally and man by man, woman by woman, boy by boy, girl by girl.
A clear title, claimable by every citizen or resident in the state.
But for at least the past 591 days, the covenant has been breached by those people in government called “the leaders” or the “leadership” of the state.
The governor (Bill Lee), the general assembly (local figureheads would be Sen. Todd Gardenhire and Rep. Robin Smith) and the courts (justices Jeff Bivins and Roger Page), virtually to a person, have ignored the break of March 12, 2020, when Gov. Lee rejected a state law regarding epidemics at Tenn. Code Ann. § 68-5-104 and noisily heralded a “great reset” for Tennesseans by creating a deeply state-enriching catastrophe.
That is, a conversion of a constitutional republic to an administrative unitary emergency state, where the entire government is laid aside under the exigency of the so-called novel coronavirus and its “global pandemic,” by which means global groups and elites will scour the earth and suck up its lands, assets, resources and small local economy shops.
In so doing, the state in Tennessee and its myriad counties and cities, its dozen bureaucracies, became enlarged centers for the absorption of rescue dollars from the government in Washington, D.C., and very possibly the absorption of the citizenry and their lands, eventually, in mass tax sales and defaults.
For 591 days, the new government secured by William Byron Lee in his personal capacity (outside his office) has declared forfeit these assets — starting with liberty — that are to be secured by the constitution as the supreme law. The people are under a forfeiture action, an action in rem (against the thing, as it were) in which the three parts of government work together to consolidate the unitary state, that great promise of their united future.
The liberties in the bill of rights are intended to keep the state within its space, its officers within their duty and their administration. We live at liberty, the agencies of the state provide their service for the pleasure and benefit of the people.
The creation of an emergency state March 12, 2020, in effect is a declaration of war against the people and their form of government. The people of Tennessee did nothing to provoke that offensive and that captivity into which they have been placed.
The people, mostly, appear to agree with the overthrow — done in the name of public health and of their safety. It is fair to say, they have consented. Volenti non sit injuria. No injury is done to a person by that to which he himself consents. The means of consenting are as many as the daily chore list belonging to any one member of the population and include “masks” and mass segregation, with the healthy being converted into pariahs.
The means of defying the overthrow are fewer, and the list shorter, starting with a two-letter word with one vowel and one consonant. The word is “No,” followed by a demand for authority in a single sentence: “Is there evidence, data, information, a determination or an epidemiological finding in your possession that shows that I am contagious, sick, a carrier of any listed or known illness, virus or pathogen and that I pose a threat or danger to another person?”
Neo-feudal claque
There is also petition for writ of habeas corpus and petition for writ of mandamus. My lawsuit against Gov. Lee and local health administrator Becky Barnes is under equity and mandamus, whereby I demand the judge — Pamela Fleenor — demand the respondents show cause why they are not obeying the law, and, since they admit to violating it over 201 days, that they regard the law as compulsory upon them, and to obey it.
Judges are a neo-feudal claque, a tiny group of lawyers who control the law in its inked form as delivered from the general assembly (also full of attorneys and lawyers). These men and women oversee a commercial government, a government merchant and police, using custom and usages — policy — to affect and maintain their control, often above the law, beyond the law, going around the law except when it’s convenient to regard the written word in the Tennessee code.
What, after all, is the law among friends, chums, allies and fellow drinking buddies? As the continuing humiliation of the relator in the case State ex rel Tulis shows, the elite can always hover together, out of public view, and rally around one another to keep back the hoi poloi, the citizen, the party suing for relief under the law from an oppression.
Because Gov. Lee operates against the law, and despite the constitution, there is no theoretical limit to where he or his successor in office might take the state in the name of the public health. He recognizes no law than his own, and precedent has operated more than a year, without challenge.
The security state that is possible in Tennessee might look to Lituania for inspiration. Excerpts from a diary — by a party named Gluboco Lietuva — about life under a police-health security state. “Covid Pass in Lithuania and throughout Europe: How recent vaccine mandate laws have upended my family’s life”:
Without jab, no library, no gym, no banks, no university, no senior home
A law was passed on August 16 authorizing increased restrictions against people who do not have a valid Opportunity Pass. The restrictions were phased in over several weeks after passage of the law. All measures are in full effect since September 13.
Some of the restrictions include:
- You cannot visit any cafes or restaurants.
- You cannot enter any non-essential stores.
- You cannot enter any shopping center or large store.
- You cannot receive beauty services (hair, nails, salons, etc).
- You cannot use repair services which last longer than 15 minutes.
- You cannot enter public indoor spaces.
- You cannot enter a fitness center, gym, or sauna.
- You cannot attend outdoor events which have more than 500 people.
- You cannot sit and read in libraries. You may only use the library to pick up and return books.
- You cannot travel by train. [The government temporarily rescinded this restriction for now because it’s unworkable and causing chaos.]
- You cannot enter banks or insurance agencies unless the purpose is to receive pensions or social benefits where the service lasts no more than 15 minutes.
- Students cannot enter university without the Pass. [Because many students are not vaccinated, the government announced a grace period: until October, students may take free (i.e., government-paid) Covid tests to give them time to vaccinate. Starting in October, students must have the Opportunity Pass].
- You cannot visit patients in medical facilities or senior care/residential homes. The only exception is for terminally-ill patients and children under 14 years of age if the doctor gives advance permission.
- Regarding medical care:
— You may receive emergency care without the Opportunity Pass.
— For scheduled inpatient medical care, you must have the Covid Pass or Covid certificates.
— For outpatient services, the medical care must be conducted “in a safe environment” and will require testing “depending on the epidemiological situation”.
Restrictions in practice?
There are many more rules, with lots of convoluted and sometimes conflicting provisions. And it’s even more confusing because bureaucrats revise the rules almost daily. Here’s how it currently works in practice if you don’t have the Opportunity Pass:
- For shopping, you are only allowed to shop in small stores (<1500 m2) which have street entrances and whose main activity is to sell food, veterinary goods, pharmaceuticals, glasses and contact lenses, or farming supplies. You may not enter stores which mainly sell any other products. You may not enter any shopping mall. You may not enter large stores, including supermarkets.
- For eating and drinking, you cannot visit any restaurant, cafe, or bar. This includes all indoor areas and most outdoor areas (the details are complicated; see separate section below).
- For transportation, local city buses do not require the Opportunity Pass. But political leaders have indicated all forms of public transportation might require the Pass if they can figure out how to make it workable on busy buses and trains.
- For medical care, inpatient services require the Covid Pass. For outpatient medical care (e.g., doctors’ offices, specialist clinics, dental offices), medical facilities may allow a patient to enter who does not have the Opportunity Pass. But in practice, many clinics require the Opportunity Pass except for emergency situations.
Click this link for more: https://threadreaderapp.com/thread/1451714806721957891.html
In my area, outpatient medical facilities require the Covid Pass or certifications. Several days ago, my family was turned away from a medical facility because we did not have the Covid Pass. The medical facility offered us the option to come back if we returned with a negative PCR test. In a separate incident a few days later, we went to the dental office we’ve attended for years for an appointment for one of my children, but we were asked to leave when the staff discovered that I don’t have the Opportunity Pass.
No right to work under V-pass system
Employers may mandate that employees have the Opportunity Pass. Each company and industry is setting its own standards regarding if and how to implement the mandate.
In the case of my wife and myself, we work in different industries and have different occupations. But both our employers have separately created the same policy. People without the Opportunity Pass won’t actually be fired, because that would create many legal issues, obligations, and unemployment benefits. Instead, employees are suspended without pay.
In our case, both my wife and I were suspended from our jobs without pay on September 13. We are allowed to return when we comply with the mandate to present a valid Covid Pass. (Source: http://txti.es/covid-pass/images)
On the ‘will to power’
.
Time to fight
.