Duties of the governor under the Tennessee Constitution

[Worriedman]

First it should be noted that as a state, we are governed by our Constitution.  Article 1 Section 1 of our Declaration of Rights:
That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.
Section  2:
That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.

ARTICLE II. Distribution of Powers.
Section 1. The powers of the government shall be divided into three distinct departments: legislative, executive, and judicial.

Section 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.

Section 3. The legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people.

ARTICLE III. Executive Department.
Section 1. The supreme executive power of this state shall be vested in a governor
Section 10. He shall take care that the laws be faithfully executed.
Section 11. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend for their consideration such measures as he shall judge expedient.

The General Assembly has sole authority to decide which measure shall pass from the General Assembly, after debate and consideration and a vote in both chambers.  Article 3 Section11 enables the governor to make suggestions to the GA about issues that office considers "expedient".  Those issues, called "Administration bills" are carried by the Leader of both houses, currently that is William Lamberth in the House and Jack Johnson in the Senate and as such that provision of the Constitution is adhered to. (a side note, the so called Constitutional Carry bill of 2020 was an Administration bill)

What does not appear in the Constitution or in our TCA Code, is any provision allowing the Departments under the control of the governor to assume a position of power over the legislative branch.  For decades I have watched as the Department of Safety and the TBI have exerted pressure as envoys of the governor to deny good, restorative bills passage in our General Assembly.  Old hands will remember Colonel Trott, the head of THP testifying against handgun carry permits in committee.  Currently the Department of Safety's "Legislative Director" Elizabeth Stroeker brings her "philosophical opposition" to any bill that loosens the strangle hold of government on our 2nd and 14th Amendment rights.  One only needs to watch any of the Civil Justice and Criminal Justice committee hearing from last year dealing with 2nd Amendment issues to see the validity of my point.  

I contend that going forward, any testimony by these Departments that does anything other than answer questions as to the cost of difficulty of administering any law passed, if that testimony serves to defeat the issue is in fact an act of "Official Oppression" as defined in TCA 39-16-403:

TCA Part 4 - Misconduct Involving Public Officials and Employees
39-16-403 - Official oppression.

39-16-403. Official oppression.

(a)  A public servant acting under color of office or employment commits an offense who:

     (1)  Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or

     (2)  Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.

(b)  For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.

(c)  An offense under this section is a Class E felony.

(d)  Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.]

These Departments are peopled with attorneys, paid by the tax payer (although the tax payer has no input in their hiring or direction of duties).   They should be cognizant of the edits and ruling of SCOTUS, it is why they are paid.  

In 2010 the Supreme Court of the United States incorporated the 2nd Amendment against the States through the due process clause of the 14th Amendment, making the 2nd a Civil Right.  The Governor is surrounded by employees that we fund and he directs that should know the facts regarding our right to arms.  SCOTUS says we have an unfettered right to carry on our person, open or concealed, in public, firearms in case of confrontation and yet from 1801 to date is has been and continues to be a crime for a non-criminal Tennessee citizen to do so. (TCA 39-17-1307 (a) (1), it is an offense to bear a firearm with the intent to go armed).

I for one am tired of paying Lobbyist to testify against and deny my 2nd and 14th Amendment rights.  The Department of Safety and the TBI as arms of the governor's office should simply faithfully execute the laws of the state, not try to make them.

Edited January 9, 2023 by Worriedman

[Pain103]

I think you are stretching it saying THP and TBI are trying to make laws.  

[Worriedman]

On 1/20/2023 at 8:54 PM, Pain103 said:

I think you are stretching it saying THP and TBI are trying to make laws.  

How so.  DOS places themselves on the "Want to testify" list, and spends an inordinate amount of time in legislators offices who have filed bills attempting to rectify theft of rights by the previous General Assemblies.

Please show me where there is a statutory basis for them to be "Philosophically opposed" to allowing long arms into the enhanced carry approved list of firearms?

MS Stroeker is very akin to Joe Biden, she has never held a private job since graduation from law school, she has worked for the Department of Safety her entire carrier. 

I have searched diligently to find anything in the Statutes related to DOS responsibility and opining on legislation is not noted anywhere.  I have challenged their Commissioner, and their legal staff, to show me where it exist and to date I have not received an answer, because it does not exist. 

Her assertion that her job is  "to keep the Tennesseans of Tennessee safe" is incorrect, in fact, she and her entire Department are insulated from having to do so by "qualified immunity", else when someone is killed/damaged/suffer loss in a crime or traffic accident they would bear legal and monetary responsibility, and they do not do so.

 

Edited January 22, 2023 by Worriedman

[Defender]

9 hours ago, Worriedman said:

How so.  DOS places themselves on the "Want to testify" list, and spends an inordinate amount of time in legislators offices who have filed bills attempting to rectify theft of rights by the previous General Assemblies.

Please show me where there is a statutory basis for them to be "Philosophically opposed" to allowing long arms into the enhanced carry approved list of firearms?

MS Stroeker is very akin to Joe Biden, she has never held a private job since graduation from law school, she has worked for the Department of Safety her entire carrier. 

I have searched diligently to find anything in the Statutes related to DOS responsibility and opining on legislation is not noted anywhere.  I have challenged their Commissioner, and their legal staff, to show me where it exist and to date I have not received an answer, because it does not exist. 

Her assertion that her job is  :to keep the Tennesseans of Tennessee safe" is incorrect, in fact, she and her entire Department are insulated from having to do so by "qualified immunity", else when someone is killed/damaged/suffer loss in a crime or traffic accident they would bear legal and monetary responsibility, and they do not do so.

 

Love it!

[DocHawk]

I agree with all above.

[Worriedman]

The Department of Safety, as a part of the Administration/Executive branch of government carries out their wishes and directives, I think we can agree on that.

Here is more of their testimony last year, on Rep. Grills bill that would have added long guns to the "Enhanced Permit". 

Keep in mind that 44 states allow carry of loaded long guns as a non criminal act and 2 more via permit.  Only 4 States consider it a crime, New York, New Jersey, Tennessee and Florida.

MS Stroeker and the Department of Safety keeping their thumb on the balance of legislation. It should be noted that after her testimony this bill was killed for lack of a second in the Civil Justice sub-committee.
 

 

Edited January 23, 2023 by Worriedman