Lawyers who are members of the
Florida Bar are barred legally from running for public office in the executive and
legislative branches. The Constitution prohibits them from running for mayor, commissions,
school board, sheriff, the Legislature, or any other elected office that is not part of
the judicial branch of government.
The language of the Florida
Constitution's separation-of-powers clause, Article II, Section 3, is unambiguous. It
states: "No person belonging to one branch shall exercise any powers appertaining to
either of the other two branches unless expressly provided herein."
In 1949 the Florida Bar was
"unified" with, and became a part of, the Supreme Court. (See Petition of
Florida State Bar Assn. 40 So. 2d 902.) That made every state Bar member/lawyer a person
"belonging to the judiciary branch of government." They are, therefore, barred
from holding public office in the other two branches of government.
This prohibition is not an
"unintended consequence" of the 1949 action by Florida's lawyers. The
prohibition lies at the very heart and soul of both the Florida and the U.S.
Non-lawyer James Madison's
Constitution had one principal goal: to create a government that had sufficient power to
govern, but insufficient power to oppress. To do so, he neutralized the first four known
sources of tyranny, which he identified as the monarchy, the aristocracy, the military,
and the church.
Madison then addressed the last
source of tyranny, which he defined as: "a same-hands group or faction that had a
common interest adverse to the Nation as a whole." Lawyers and every other
professional group fit this definition.
To protect the state against this
"same-hands" tyranny, Madison implicitly instituted the separation-of-power
principle in the U.S. Constitution. In Florida, Article II, Sect. 3, is the explicit state
Florida lawyers and judges have
ignored this prohibition.
What is true in Florida is also
true all over the land. From this abuse of power by the legal profession, this nation now
suffers from what Madison, Montesquieu, Thomas Jefferson, and Alexander Hamilton called:
"the very definition of tyranny." That tyranny arises when a single same-hands
group makes the law, enforces the law, and interprets the law.
That tyranny, whether or not
perceived, is at the heart of most all the nation's problems in the areas of crime,
education, health, welfare, frivolous lawsuits, devastating divorces, and countless other
problems. That tyranny has undermined the Constitution and fundamentally flawed all
government. It has resulted in enormous harm to people, both in dollars and emotional
Historically tyrants neither
acknowledge their tyranny nor voluntarily give up their power. That explains why the
members of the legal profession are in a state of denial.
That is why the people must
correct the situation by voting all lawyers out of office outside the judicial branch.
Until that occurs, very little substantial and permanent improvement will occur anywhere.
If the situation is not corrected, the nation likely will go down to chaos, revolution
and, perhaps, even civil war in the near future.