The public PDF type-written versions of the Tennessee Constitution posted by the secretary of state on his website and by the general assembly on its website are materially altered.
By John Gentry
The material alteration of a single letter transforms the word “or” to the word “of” in the last phrase of Art. I, Section 23, usurping a fundamental right of citizens to choose to orally address the general assembly.
Has the government made an effort to correct this change? Not yet.
According to the Tennessee court of appeals, such conduct amounts to constructive fraud.
Citing Kincaid v. SouthTrust Bank, 221 SW 3d 32 – Tenn: Court of Appeals, Middle Section 2006, the appellate court establishes elements constructive fraud as follows:
Constructive fraud is a breach of a legal or equitable duty which is deemed fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests. Cornwell v. Hodge, C.A. No. 44, 1986 WL 5890, at *3 (Tenn.Ct.App. May 23, 1986) (citing Bank of Blount County v. Dunn, 10 Tenn.App. 95 (1929).
Constructive frauds are acts, statements or omissions which operate as virtual frauds on individuals. Cornwell, 1986 WL 5890, at *3 (citing Maxwell v. Land Developers, Inc., 485 S.W.2d 869 (Tenn.Ct.App.1972)). They concern a breach of a legal or equitable duty, with or without fraudulent intent, and entail as an attribute of fraud, conduct which reasonably can be expected to influence the conduct of others. Cornwell, 1986 WL 5890, at *3 (citing Parks v. Alexander, 608 S.W.2d 881 (Tenn.Ct.App.1980). (Italics added)
Every element of the court of appeals opinion on constructive fraud is satisfied in the alteration of our state’s constitution. The State of Tennessee has forsaken its republican character in violation of the United States Constitution, Article IV, Section 4.
Tennessee’s supreme law of the land must be corrected with the utmost haste and right of the people restored.
The remonstrance efforts of John Gentry have prompted him to launch a run for the state senate. His campaign FB page is https://www.facebook.com/Gentry4ThePeople/