Contributed to TLB by: John A. Gentry

Yet another dose of common sense for you to absorb…

It is an undeniable fact, that there is no check of one branch over the other of our judiciary. Our government is founded upon checks and balances, but our judiciary has usurped the legislative power of judicial oversight. This fact is undeniable and incontrovertible and evidenced in the fact of few…, and in recent history – zero impeachments or removals of judges despite acknowledged judicial corruption.

It is clear that there are checks and balances of legislative and executive power, with the executive power of veto, and judicial power declaring legislation or executive orders unconstitutional. For example, everyone knows about the federal judges who ruled that Trump’s Immigration bans unconstitutional. Clearly the judiciary checks both legislative and executive power, and clearly the executive branch checks the power of the legislative branch.

But where is the check on judicial power? There is none! And therein lies the problem.

If one complains to the executive or legislative branches of government about the misconduct or criminal conduct of judges, those complaints are referred back to the judiciary, and we find ourselves in the unfortunate circumstance of the Fox watching the Hen House.

Case in point, see the image presented below, with U.S. Congressmen John W. Rose, Vanderbilt School of Law Alum., stating; “Federal legislators are prohibited from interfering with the courts.”

I am not familiar with any statute prohibiting federal legislators from judicial oversight. However, I am in fact familiar with both state and federal constitutions, and both guarantee citizens the right to petition the government for redress of harm caused by state officials, including judges. Both constitutions assign the “sole power” of impeachment to their respective House of Representatives, for crimes and misdemeanors. The Tennessee Constitution also provides legislative power to remove judges for misconduct.

Annually, thousands of complaints about both federal and state judges, are filed with the appropriate organizations comprised of judges overseeing judges like the Tennessee Bd of Judicial Conduct. These agencies never once refer complaints to the legislature for impeachment or removal.

The fact of the matter is that the legislative bodies…, likely controlled by the BAR, have wrongfully abrogated the legislative power of judicial oversight, and or, the judiciary has wrongfully usurped legislative power.

In long ago past legislatures, members tried to restore legislative oversight and proper check and balance of judicial power, but the judiciary, aka the BAR, made the false argument, that oversight of judges violates the separation of powers doctrine. This is an obvious false argument, easily proven false. It would be the same to say, that veto power, or judicial power to declare executive orders or legislation unconstitutional is also a violation of the separation of powers doctrine.

No, these are not violation of separation of powers doctrine, these are proper checks and balances, and judicial oversight by the legislature is a proper check and balance of power that must be restored because,


Separation of Powers has nothing to do with the checks of one branch over the other. The Separation of Powers doctrine, is to prevent one branch from exercising powers properly belonging to either of the other branches.

The truth of the matter is that the judicial oversight agencies, comprised of judges, are criminals protecting criminals, who have altered our fundamental form of government, and who are exercising powers granted to the legislature and not the judiciary.

As state senator, when elected, I will work to restore the proper checks and balances and a rightful government, as provided for in our state and federal constitutions.


About the Author: John A Gentry is a CPA, a Candidate for Tennessee State Senate, District 18, and an advocate for judicial accountability and court reform.


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