Oklahoma Candidate Questionnaire Responses - 2022

We at Constitutional Grounds wish to thank all the candidates who responded and everyone who studies their answers. Your concern for the rule of law is encouraging. We fully acknowledge that public concern for proper constitutional principles has not been strong, taught, or promoted for generations. We appreciate those who endeavor to restore it.
We continually say that supporting, obeying, and defending the US and OK Constitutions is key. It is paramount to the Oath of Office and performance of governmental duties. We encourage all readers to examine the answers and see the differences, the different takes on the questions, as well as who has a grasp of the various issues. We also encourage you to reach out to us with your comments.
After an initial 1132 candidate filings statewide, we were able to get a hold of emails for 660. We sent invitation emails to the entirety of the 660. What you see below is every response we received. Several other candidates said that they would have submitted responses but were concerned that their voters would not tolerate or vote for anyone who would openly support constitutional governance. Others were concerned that ours was not yet a well known questionnaire. Others complained that it was "too hard." There is much work to do among We the People to restore the spirit of Liberty, Law and Justice espoused by our founders.
Public discussion is necessary regarding each of the issues questioned. Please note the wide variance in answers at times (e.g. licensing). The fact that there is such difference of opinion highlights the need for open discussion.

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Constitutional Grounds Answers

Federal Races
US Senate
Nathan Dahm
Robert Murphy

US House of Representatives
Evelyn Rogers - District 1
Guy Barker - District 2
Stephen Butler - District 3

Oklahoma State Races
Oklahoma Governor
Mark Sherwood

Oklahoma Senate
Emily DeLozier - District 11
Dana Prieto - District 34
David Dambroso - District 36

Oklahoma House of Representatives
Wendi Stearman - District 11
Brice Chaffin - District 33
Brad Banks - District 70
Timothy Brooks - District 76
Paul Hassink - District 79

County Races
Lattimer County Commissioner
- Dist 3
Brian Bell
Tulsa County Commissioner
- Dist 3
Bob Jack

US Senate

NATHAN	DAHM	Republican
UNITED STATES SENATOR (Unexpired)	UNITED STATES SENATOR	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	Jefferson said to "bind men with the chains of the Constitution" & the Supremacy Clause clarifies that the Constitution is the supreme law of the land.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Only powers granted in Article 1 Section 8 & the Bill of Rights are the areas the federal Congress should be involved with, specifically protecting those rights.
3. Must citizens obey unconstitutional laws?	No	Only laws made in conformity with the Constitution are the Supreme Law of the land.
4. Does any government in the US have the lawful authority to require licenses?	State & Local governments only	Depends on the license, if the people of the State grant the State government the power to require licenses then they have that granted power, however I believe granting government that power is a mistake.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	the 14th Amendment requires that all people be guaranteed the right to life as well as due process.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	Yes	The executive branch has authority over its various departments to make rules they are bound to follow, but not to make rules that have the power of law over the people, the States, or any other entity.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	Habeas corpus can be suspended, but that is different than the mandates mentioned in the questions.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		No Constitutional authority exists for any of those mentioned (since the 21st Amendment repealed the prohibition of alcohol).
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	No Constitutional authority.
10. Border Security	Lawful	Federal government has a responsibility to handle migration, as well as an obligation to defend States against invasion.
11. Social Security	Unlawful	No Constitutional authority.
12. Standing Army	Unlawful	Congress can only appropriate money for the military for up to 2 years at a time.
13. Medicare	Unlawful	No Constitutional authority.
14. Medicaid	Unlawful	No Constitutional authority.
15. Public Education	Unlawful	No Constitutional authority.
16. Farm Subsidies	Unlawful	No Constitutional authority.
17. Levy taxes	Lawful	Originally taxes had to be uniform & could not be direct taxes. Adoption of the 17th amendment allows for direct income tax but it should be repealed.
18. Industry Subsidies	Unlawful	No Constitutional authority.
19. Immigration	Lawful	Congress was delegated the authority to deal with migration & importation of people.
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	US Constitution is the Supreme Law of the land, anything in a State Constitution otherwise is invalid.
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	States should not participate in unconstitutional actions being done by the Feds.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	People are to be protected against unreasonable seizures as well as protections regarding the taking of property and due process guarantees.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	States or municipalities could prohibit businesses that infringe upon the rights of others. For instance they could prohibit abortion clinics since those violate the right to life that government has a responsibility to protect.
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	Article 1 Section 10.3

ROBERT	MURPHY	Libertarian
UNITED STATES SENATOR (Unexpired)	UNITED STATES SENATOR	Cleveland County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	Article 6 - This constitution...shall be the supreme law of the land...
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Article 6 - This constitution...shall be the supreme law of the land...
3. Must citizens obey unconstitutional laws?	No	Supreme Court decisions have settled the idea that unconstitutional laws have no force or effect, as if they were never enacted.
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	Article 1 Section 8 - Congress shall have power to...provide for the common Defense and general Welfare of the United States...
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	It's self-evident.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	Regrettably, Congress has authorized such things, abandoning its duty.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	9th Amendment
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		These are not powers listed in Article 1 Section 8
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	Not an enumerated power
10. Border Security	Lawful	Article 1 Section 8 - ...provide for the common Defense...
11. Social Security	Unlawful	Not an enumerated power
12. Standing Army	Lawful	Article 1 Section 8 - ...To raise and support armies...
13. Medicare	Unlawful	Not an enumerated power
14. Medicaid	Unlawful	Not an enumerated power
15. Public Education	Unlawful	Not an enumerated power
16. Farm Subsidies	Unlawful	Not an enumerated power
17. Levy taxes	Lawful	Article 1 Section 8 - ...to lay and collect taxes...
18. Industry Subsidies	Unlawful	Not an enumerated power
19. Immigration	Lawful	Article 1 Section 8 - ...provide for the common Defense...
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Article 6 - This constitution shall be the supreme law of the land
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Self-evident
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	Not an enumerated power
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	9th Amendment
24. May states make agreements or compacts with other states or foreign powers?	No	Article 1 Section 10

US House of Representatives

EVELYN	ROGERS	Independent
DISTRICT 01	UNITED STATES REPRESENTATIVE	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	Article 6: no religious test shall be required of anyone to be in public office in U.S.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	Other	Not to my knowledge. Article 6 indicates that no religious test is to be required of anyone to be in public office.
3. Must citizens obey unconstitutional laws?	No	Answer can be viewed yes or no. Article 6 indicates that no religious test is to be required of anyone to be in public office.
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	Article 6 says that no religious test is to be required of anyone to be in public office.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	Article 6 indicates that no religious test is to be required of anyone to be in public office.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	Yes	Answer can be viewed yes or no. Article 6 indicates that no religious test is to be required of people to be in public office.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	Yes	People should be free to submit to God who is the highest authority. Article 6 indicates that no religious test is to be required of anyone who is to be in public office.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		Laws have been put in and subsequently repealed in several of these items. Article 6 indicates that no religious test is to be required of anyone to be in public office.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Lawful	Whatever that federal does not require can be left to states to decide. However article 6 indicates that no person who is to be in public office is to have a religious test required of them.
10. Border Security	Lawful	Lawful if federal government has voted it in, in congress. Be aware that Article 6 indicates that no religious test is to be required of anyone to be in public office.
11. Social Security	Lawful	This was voted in. But you should be cognizant that no religious test is to be required of any one to be in public office.
12. Standing Army	Lawful	This is a test that puts into question the effectiveness of people's ability to have religious differences as to where they stand on issues, in religious context. Article 6 says that people are not to be given a religious test in order to be in public office.
13. Medicare	Lawful	Federal laws support Medicare. However Article 6 says that no person is to be given a religious test to be in public office.
14. Medicaid	Lawful	State laws enforce state/local medicaid assistance. Article 6 says that no religious test is to be required of a person to be in public office.
15. Public Education	Lawful	Article 6 says that no religious test is to be required of a person to be in public office.
16. Farm Subsidies	Lawful	What is not voted on by congress, can be taken up by states. However no religious test is to required of a person who is to be in public office.
17. Levy taxes	Unlawful	It can be viewed either way. The Boston tea party put that to a test before the US was official. Take note that Article 6 says that no religious test is to be required of people to be in public office.
18. Industry Subsidies	Lawful	If the US congress votes them in then yes, if not then state can decide. Article 6 says that no religious test is to be required of a person to be in public office.
19. Immigration	Lawful	Article 6 indicates that no religious test is to be required of any person to be in public office.
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	US article 6 indicates that no religious test is to be required of a person who is to be in a public office.
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Lawful	Note article 6 in US Constitution indicates that no religious test is to be required of a person to be in public office.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	State requirements are set by states separately from federal laws. Watch out for US article 6 that says that no religious test is to be required of people to be in public office.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	Laws that have not been enacted federally, then state, then locally are following a correct order of enactment. But to require a religious test to be in public office is not ok according to US article 6.
24. May states make agreements or compacts with other states or foreign powers?	No	Following the order of laws from federal, to state, to local is important. However no religious test is to be required of a person to be in public office.

GUY	BARKER	Republican
DISTRICT 02	UNITED STATES REPRESENTATIVE	Delaware County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	Article 6 clause 2: â€œThis Constitution, and the laws of the United States which shall be made in pursuance of their of; and all treaties made, or which shall be made, under the authority of the United States, shall be the SUPREME LAW OF THE LANDâ€¦â€ The US Constitution is a document of popular sovereigntyâ€”meaning that it is born from the consent of the governed. That power is specifically derived from the â€œconsent of the governedâ€ clause found within the second paragraph of the United States Declaration of Independence. The framers, antifederalists and federalists alike, specifically site John Lockeâ€™s moral philosophy that nations are built upon the consent of â€œfree and equalâ€ citizens and that a state otherwise conceived would lack legal authority or legitimacy.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Never
3. Must citizens obey unconstitutional laws?	No	Article 6 clause 2: Supremacy clause. In McCulloch v. Maryland and Crosby v. National foreign trade council, the Supreme Court held that if â€œState [or federal] law is an obstacle to the accomplishment and execution of congress's full purpose and objectivesâ€ then the supremacy clause applies. Unconstitutional laws impose no duty and confirm no rights, nor do they bestow power or authority to anyone. An unconstitutional law, though having the appearance of an enforceable statute, is wholly void and ineffective for any purpose. Therefore there is no duty for one to comply.
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	Article 1 Â§ 8 provides congress the power to regulate copyrights and trademarks. Also, the 10th amendment reserves all powers to state governments not otherwise expressed within those articles or bill of rights. Therefore, both federal, state and local governments have concurrent licensing power as a function of our articles of confederation and principles of federalism.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	Everyone is entitled to legal protection at conception is not in the constitution, but is my subjective opinion.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	Yes	Subject to limits of the non-delegation doctrine. The court has opined but never clearly distinguished between permissible and impermissible delegations. Justice Thomas's opinion in DOT v. Ass. Of American RR, Scalia's opinion in Mistretta v. US attempt to but still lacks clarity. But even the most conservative justices of the court agree that administrative agencies are a practical necessity, and so long as the agency enabling act is sufficiently limited with a guiding principle, then the court has held that this is within congressâ€™s legislative power.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	Violates the fourth amendment right to be secure in their houses, papers and effectsâ€
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		The answer to this question largely relies upon which government, federal or state. Presumably, a state could regulate all items on the list other than firearms because nothing in the US constitution expressly protects the other items on the list, therefor they would fall under the 10th amendment. However, we see that the federal government regulates many items on this list due to the ever-expanding view of the â€œcommerce clauseâ€ in Art. I Sec. 8. This all stems from Wickard v. Filburn and the expansive idea of what constitutes interstate commerce, which in my opinion, was one of the most poorly decided cases in the Courtâ€™s history second only to West Coast Hotel. So, due to the lack of distinction in the question between the State or Federal government I cannot accurately answer this question.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	Tenth amendment
10. Border Security	Lawful	Art. IV Â§ 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
11. Social Security	Unlawful	a. Helvering v. Davis, again, was part of the package of bad decisions from an activist court during the 1930s. Justices were pressured into upholding unconstitutional measures by President FDR under the threat of court-packing. J. Cardozo relied upon a flimsy interpretation of the spending clause in Art. 1 Â§8 that so long as it is in the general welfare of society it would not violate the 10th amendment. It is my opinion that the Court reached the wrong conclusion.
12. Standing Army	Lawful	Art. 1 Â§8 provides congress the power to raise and maintain a standing army
13. Medicare	Unlawful	Again this harkens back to Helvering and the Courts now cemented view of the spending clause in Art. 1 Â§8. I personally believe that medicare violates the 10th amendment and this is an impermissible use of Congressional authority.
14. Medicaid	Unlawful	Federal Medicaid, in my opinion, is unlawful for the same reasons discussed in the answer for number 13.
15. Public Education	Unlawful	Supreme Court held in San Antonio Independent School District v. Rodriguez that there is no fundamental right to education in the Constitution of the United States but is a stateâ€™s rights power so long as the state does not take measures to violate a studentâ€™s 14th amendment protections from racial prejudice under the equal protection clause.
16. Farm Subsidies	Lawful	Art. 1 Â§ 8 empowers Congress to â€œlay and collect taxesâ€ this has also been interpreted over time to mean that Congress can waive taxes in the form of subsidies. I do not normally support subsidies, but I do not deny Congress's authority to use them.
17. Levy taxes	Lawful	Art. 1 Â§ 8 empowers Congress to â€œlay and collect taxesâ€
18. Industry Subsidies	Lawful	Art. 1 Â§ 8 empowers Congress to â€œlay and collect taxesâ€ this has also been interpreted over time to mean that Congress can waive taxes in the form of subsidies. I do not normally support subsidies, but I do not deny Congress's authority to use them.
19. Immigration	Lawful	Article 1, Â§ 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a "uniform Rule of Naturalization."
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Article 6 clause 2: â€œThis Constitution, and the laws of the United States which shall be made in pursuance of their of; and all treaties made, or which shall be made, under the authority of the United States, shall be the SUPREME LAW OF THE LANDâ€¦â€
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Lawful	The state should still be permitted to participate due to its 10th amendment rights
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	But this has limitations. The Courts have largely held that impounding a vehicle for lack of a license is not a violation of their 5th amendment right, but any emergency justification for the initial seizure expired once the driver provides proof of ownership and possession of a valid driverâ€™s license. Lack of insurance, however, could be construed as a taking if the vehicle is impounded. The police officer could lawfully make you tow it home, but there is a good argument that lack of insurance is not sufficient cause for a taking so long as ownership is verified.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	Nothing restricts this in the constitution so this power would fall under the 10th amendment.
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	Art. 1 Â§10

STEPHEN	BUTLER	Republican
DISTRICT 03	UNITED STATES REPRESENTATIVE	Canadian County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	1
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	never
3. Must citizens obey unconstitutional laws?	No	1
4. Does any government in the US have the lawful authority to require licenses?	None	1
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	1
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	1
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	Not just no, HELL NO
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		1
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	1
10. Border Security	Lawful	1
11. Social Security	Unlawful	1
12. Standing Army	Unlawful	1
13. Medicare	Unlawful	1
14. Medicaid	Unlawful	1
15. Public Education	Unlawful	1
16. Farm Subsidies	Unlawful	1
17. Levy taxes	Lawful	a very small amount. taxing anything that moves (where we are now) is light years beyond what the founfers intended
18. Industry Subsidies	Unlawful	1
19. Immigration	Lawful	LEGAL immigration
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Lawful	1
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	1
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	1
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	1
24. May states make agreements or compacts with other states or foreign powers?	Yes	1

Oklahoma Governor

MARK	SHERWOOD	Republican
GOVERNOR	GOVERNOR	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	It is both binding/legal and historical. 1. binding - law of the land. It is God-inspired. It is a guide to our unique republic. 2. historical - provides proper framework and guidance. History is a teaher and prepares our future.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	We must never pass, obey, or follow any unconstitutional bill or law.
3. Must citizens obey unconstitutional laws?	No	Never
4. Does any government in the US have the lawful authority to require licenses?	State & Local governments only	Driver's license fees, state gas tax, license plate fees, registration fees, and any other auto tax imposed by the state are entirely constitutional under the U.S. Constitution, which basically says the State can do anything it wants to, as long as the Constitution does not expressly forbid it.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	Unborn/preborn should be protection.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	Their job is simply to enforce and/or interpret
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	I do not believe so. Only in the case of war, could some sort of emergency apply.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		The govt. cannot prohibit these things. Illegal drugs would have restrictions and some laws apply.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	Federal food stamp act (1964). The constitution, however, does not give this right.
10. Border Security	Lawful	Article IV, Section 4 of the Constitution states, â€œThe United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them from Invasion.
11. Social Security	Unlawful	The constitutional basis of the Social Security Act was uncertain. The basic problem is that under the "reserve clause" of the Constitution (the 10th Amendment) powers not specifically granted to the federal government are reserved for the States or the people.
12. Standing Army	Lawful	The Constitutional Convention of 1787 in Philadelphia provided checks on any standing army by allowing the President to command it, but Congress to finance it using short-term legislation. Congress had the power to do this under Article I, Section 8, Clause 12, known as the Army Clause
13. Medicare	Unlawful	The United States Constitution and Supreme Court interpretations do not identify a constitutional right to health care for those who cannot afford it, Congress has enacted numerous statutes, such as Medicare, Medicaid, and the Children's Health Insurance Program
14. Medicaid	Unlawful	The United States Constitution and Supreme Court interpretations do not identify a constitutional right to health care for those who cannot afford it, Congress has enacted numerous statutes, such as Medicare, Medicaid, and the Children's Health Insurance Program
15. Public Education	Unlawful	There is not a single mention of education in the U.S. Constitution. The establishment of education is one of the powers reserved to the states under the Tenth Amendment. Education is not a constitutionally protected right. That is an assertion made by the U.S. Supreme Court every time it has been challenged.
16. Farm Subsidies	Unlawful	Not consiitutional
17. Levy taxes	Lawful	Article I, Section 8 of the Constitution gives Congress the power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.
18. Industry Subsidies	Unlawful	Every subsidy we now vote for ourselves is extra constitutional, maybe even unconstitutional.
19. Immigration	Unlawful	Article I, Section 8, the U.S. Constitution grants Congress the responsibility to establish an uniform Rule of Naturalization
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Lawful	10th amendment
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	We cannot participate in programs that are specifically prohibited by the constitution.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	As per 47 O.S. Â§ 955, any vehicle impounded by law enforcement shall not be released to the owner until that owner provides proof of valid insurance or an affidavit of nonuse on the roadway.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	E.g. operating a strip joint next ot a H.S.
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	The states are prohibited from forming compacts with foreign nations or even with each other without the assent of Congress.

Oklahoma State Senate

EMILY

DELOZIER

Republican

DISTRICT 10

STATE SENATOR

Osage County

1. Is the US Constitution a binding legal document, or strictly an historic one?

Both

William Few was an ancestor of my husbandâ€™s mothrt.

William Few, February 10, 1787Â - Augusta

He was theÂ otherÂ signer from Georgia of the U.S. Constitution. William Few was born in 1748 in Maryland and moved to Richmond County near Augusta in the 1770s. Few was an active Patriot during the American Revolution. He served in the military, in the state legislature, and as a delegate to the 1777 Georgia Constitutional Convention.

https://www.history.com/topics/united-states-constitution/constitution

The Constitution of the United States established Americaâ€™s national government and fundamental laws, and guaranteed certain basic rights for its citizens.Â

It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. Under Americaâ€™s first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries. At the 1787 convention, delegates devised a plan for a stronger federal government with three branchesâ€”executive, legislative and judicialâ€”along with a system of checks and balances to ensure no single branch would have too much power.Â

Constitution of United States of America 1789 (rev. 1992)

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?

https://en.m.wikipedia.org/wiki/Constitutionality

When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part.

https://www.law.cornell.edu/wex/judicial_review

Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of theÂ U.S. Constitution.

https://www.bluemountaineagle.com/opinion/letters_to_editor/unconstitutional-laws-are-invalid/article_ac30963c-6856-5fd4-8001-37d2f7acf8eb.html#:~:text=No%20one%20is%20bound%20to,are%20bound%20to%20enforce%20it.

An unconstitutional law cannot operate to supersede any existing valid law. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

Article III Section 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Article VI

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

3. Must citizens obey unconstitutional laws?

Amendment XIVSection 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

4. Does any government in the US have the lawful authority to require licenses?

Federal & State/Local governments

Section 8 Powers of Congress

Clause 1 Power to Tax and Spend

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

5. Are unborn children entitled to the same protections as those already born?

Yes, from conception

https://www.law.cornell.edu/constitution/amendmentxiv

14th Amendment

The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. Â The most commonly used -- and frequently litigated -- phrase in the amendment isÂ Â "equal protection of the laws", which figures prominently in a wide variety of landmark cases, includingÂ Brown v. Board of EducationÂ (racial discrimination),Â Roe v. WadeÂ (reproductive rights),Â Â Bush v. GoreÂ (election recounts),Â Reed v. ReedÂ (gender discrimination),Â Â andÂ University of California v. BakkeÂ (racial quotas in education). Â See more...

Amendment XIVSection 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?

https://obamawhitehouse.archives.gov/1600/legislative-branch

Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

Article Ihttps://www.law.cornell.edu/constitution/articlei

Article I describes the design of the legislative branch of US Government -- the Congress. Important ideas include the separation of powers between branches of government (checks and balances), the election of Senators and Representatives, the process by which laws are made, and the powers that Congress has. Â Learn more...

Section 1.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)

https://www.law.cornell.edu/wex/free_exercise_clause

Free Exercise ClausePrimary tabs

Free Exercise Clause refers to the section of theÂ First AmendmentÂ italicized here:

Congress shall make no law respecting an establishment of religion, orÂ prohibiting the free exercise thereof...

The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious â€œ[o]pinion, expression of opinion, and practice were all expressly protectedâ€ by the Free Exercise Clause.[1]Â The Clause protects not just religious beliefs but actions made on behalf of those beliefs. More importantly, the wording of state constitutions suggest that â€œfree exercise envisions religiously compelled exemptions from at least some generally applicable laws.â€[2] The Free Exercise Clause not only protects religious belief and expression; it also seems to allow for violation of laws, as long as that violation is made for religious reasons.Â In the terms of economic theory, the Free Exercise Clause promotes a free religious market by precluding taxation of religious activities by minority sects.

Amdt1.1.4.1 Free Exercise Clause: Overview

First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

8. Which of the following are lawful acts of government? Choose as many as apply.

☐Prohibition of sodas over a certain size

☐ Prohibition of drugs

☐ Prohibition of speech

☐ Prohibition of alcohol

☐ Prohibition of certain guns or accessories

☒ None of the above

Sodas

Alcohol

Amendment XVIIISection 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XVIIISection 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation

Drugs

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XVIIISection 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation

Speech

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Alcohol

Amendment XVIIISection 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Guns

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

FEDERAL TOPICS

State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:

9. Food Stamps

Unlawful

PREAMBLE : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution

The Welfare Clause by itself confers no power. It does not authorize the federal government to use public funds for benefits to an individual. Federally funded social programs such as welfare are unconstitutional because nothing in any article expressly delegates the authority to fund and manage them. Therefore these are either individual state functions or not a government matter.

10. Border Security

Lawful

Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

11. Social Security

Lawful

Helvering v. Davis, 301 U.S. 619 (1937), was a decision by the U.S. Supreme Court that held that Social Security was constitutionally permissible as an exercise of the federal power to spend for the general welfare and so did not contravene the Tenth Amendment of the U.S. Constitution.

12. Standing Army

Lawful

Article I, Section 8, Clause 12: [The Congress shall have Power . . . ]Â To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; .

13. Medicare

Lawful

Because Medicare was an amendment to the Social Security Act, it is also constitutional

14. Medicaid

Lawful

Medicaid is constitutional.

15. Public Education

Lawful

While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system, no child living in that state may be denied equal access to schooling.

TheÂ 14th AmendmentÂ prohibits any state from denying "to any person within its jurisdiction the equal protection of the laws." The equal protection clause clearly requires that all American citizens must be treated equally by the law.Â

16. Farm Subsidies

Lawful

The Constitution is clear on the subject. Article 1, Section 8, provides no role for the federal government in regulating American farmers. And that is the way it was (with rare exceptions) until about 1930.TheÂ Agricultural Adjustment ActÂ (AAA) was aÂ United States federal lawÂ of theÂ New DealÂ era designed to boost agricultural prices by reducing surpluses. The government boughtÂ livestockÂ for slaughter and paid farmersÂ subsidiesÂ not to plant on part of their land. The money for these subsidies was generated through an exclusive tax on companies which processed farm products.Â

17. Levy taxes

Lawful

In the United States,Â Article I, Section 8 of the Constitution gives Congress the power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.

18. Industry Subsidies

Unlawful

No, since all private industry would not be subsidized.

Article I, Section 8, Clause 1:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .

19. Immigration

Unlawful

The very first lines of the 14th amendment to the United States Constitution read, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

STATE & LOCAL TOPICS

Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:

20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful

Unlawful

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?

Lawful

Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?

Lawful

There are laws requiring these things, however under the Fourth Amendment there can be no search without a warrant or permission. Is it lawful or unlawful for municipalities to prohibit certain business types from opening in their town

23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?

Unlawful

The Fifth Amendment and Fourteenth Amendment to the United States Constitution declare that governments cannot deprive any person of "life, liberty, or property" without due process of law.

24. May states make agreements or compacts with other states or foreign powers?

Yes, but only with consent of Congress

Article I, Section 10

The states are prohibited from forming compacts with foreign nations or even with each other without the assent of Congress.

DANA	PRIETO	Republican
DISTRICT 34	STATE SENATOR	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	No	The constitution is binding. Both Republicans and Democrats want to pass mandates etc that are not consitutional
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	The constitution is binding. Both Republicans and Democrats want to pass mandates etc that are not consitutional
3. Must citizens obey unconstitutional laws?	No	The Johnson amendment is basically unconstitutional. bout 10,000 churches each year preach an election sermon and talk about who to vote for. They send that audio to the IRS and say here I am come and get me. The IRS never has done anything because they know they will lose in court and then the Gig will be up and all pastors will know they have freedom of speech in the pulpit
4. Does any government in the US have the lawful authority to require licenses?	State & Local governments only	not sure if it is state and local or none. We have constitutional carry in Oklahoma BECUASE 2nd amendment says: the people to keep and bear Arms, shall not be infringed
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	this is personal belief based on Bible, becoming painfully obvious I should have taken David's course on constitution. I have read a number of David Barton's books on constitution, but it has been 5 or more years!
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	Today the supreme courts WANT to make rules but only the legislation is supposed to.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	No BUT they sure did with covid 19
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		1st amendment freedom of speech 2nd amendment right to bear arms
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	civic organizations and churches can and should help the needy but the wholesale food stamps program only creates more dependency on the government. Beware the government that you want to take care of you because they will soon be your captors!
10. Border Security	Lawful	country without borders is not a country
11. Social Security	Unlawful	again, a way of making people dependent of government
12. Standing Army	Lawful	To tell you the truth I do not know from constitutional point whether lawful or not However if we did not have defense a new flag would be flying over the capitol in an hour or so!
13. Medicare	Unlawful	this is the government forcing you to pay into THEIR insurance system!
14. Medicaid	Unlawful	this is the government forcing you to pay into THEIR insurance system!
15. Public Education	Unlawful	10th and 14 talk about education. However, forcing parent to send their kids to school nowhere in constitution is that to be found
16. Farm Subsidies	Unlawful	people are getting paid NOT to farm very similar to welfare!
17. Levy taxes	Unlawful	sort of like pauper's prison!
18. Industry Subsidies	Unlawful	keep government out of businesses ...FREE MARKET
19. Immigration	Unlawful	not really sure if it is legal or not 14th amendment gives rights to people born here in US. But constitution does not talk about immigrants
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Lawful	from my website: The reason Senators and State Representatives do not have the power to end abortion even if they pass a law outlawing it in the State is because of our State Constitution, the Oklahoma State Supreme Court will throw that law out calling it unconstitutional. According to our current Oklahoma State Constitution, our State cannot do anything that can be construed as â€œrepugnant to the U.S. Constitution.â€ Unfortunately, because of Roe v. Wade, abortion is considered constitutional. Until we fix our State Constitution and get us out from under the Federal thumb of Washington D.C. and other such over-reaching Federal restrictions by striving to restore Oklahoma's sovereignty, we are not going to be able to end it. So, changing our State Constitution is a must!
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	bit of a tick question because of the way our state constitution now reads. Here is from my website: The reason Senators and State Representatives do not have the power to end abortion even if they pass a law outlawing it in the State is because of our State Constitution, the Oklahoma State Supreme Court will throw that law out calling it unconstitutional. According to our current Oklahoma State Constitution, our State cannot do anything that can be construed as â€œrepugnant to the U.S. Constitution.â€ Unfortunately, because of Roe v. Wade, abortion is considered constitutional. Until we fix our State Constitution and get us out from under the Federal thumb of Washington D.C. and other such over-reaching Federal restrictions by striving to restore Oklahoma's sovereignty, we are not going to be able to end it. So, changing our State Constitution is a must!
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	everything I could find was from layers and they said it is legal. But they also teach in law school about separation of church and state and there is no such thing in the constitution
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Lawful	very tough questions really unsure about legality of this from a constitutional standpoint
24. May states make agreements or compacts with other states or foreign powers?	Yes	States should be independent from federal. Right now we have a number of state that allow reciprocating carry in their states.

DAVID	DAMBROSO	Republican
DISTRICT 36	STATE SENATOR	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	The U.S. Constitution is the supreme law of the land, any law that disagrees with the Constitution is repugnant to the Constitution and invalid.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	See 1st answer, all unconstitutional laws are invalid.
3. Must citizens obey unconstitutional laws?	No	Nullification
4. Does any government in the US have the lawful authority to require licenses?	None	9th and 10th amendments
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	Declaration of Independence: Life, Liberty, pursuit of happiness...for these reasons governments are instituted among men!
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	Separation of powers
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	Yes	Only in times of war or martial law as far as I'm aware, with limitations, government cannot issue vaccine or mask mandates, however.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		9th and 10th amendments
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	Not an enumerated power of government
10. Border Security	Lawful	Enumerated power
11. Social Security	Unlawful	Not an enumerated power
12. Standing Army	Lawful	Is an enumerated power of government
13. Medicare	Unlawful	Not an enumerated power
14. Medicaid	Unlawful	Not an enumerated power
15. Public Education	Unlawful	Not an enumerated power
16. Farm Subsidies	Unlawful	Not an enumerated power
17. Levy taxes	Lawful	Enumerated power
18. Industry Subsidies	Unlawful	Not an enumerated power
19. Immigration	Lawful	EnumeratedpPower
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Supremacy clause
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Repugnant to the Constitution are laws in opposition to it, they are null and void.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	Licensure is not an enumerated power
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	Not an enumerated power
24. May states make agreements or compacts with other states or foreign powers?	No	Only the U.S. Congress

Oklahoma State House

WENDI	STEARMAN	Republican
DISTRICT 11	STATE REPRESENTATIVE	Washington County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	The U.S. Contsitution is that which creates our republic, and without which no United States exists. It is a binding contract among the several states and with the people. It may not be altered except by the explicit procedures established by Article V. Article VI, meanwhile, declares that this Constitution, and the laws of the United States which shall be made in pursuance thereof . . . shall be the supreme law of the land. There is no ambiguity.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Never. Article VI further requires that the memebers of the several state legislatures, and all executive and judical officers, both of the United States and of the several states, shall be bound by oath to support this Constitution. Again there is no ambiguity.
3. Must citizens obey unconstitutional laws?	No	Article VI again: This Constitution, and the laws of the United States WHICH SHALL BE MADE IN PURSUANCE THEREOF (emphasis added) shall be the supreme law of the land. Laws made NOT in pursuance thereof are not binding, as is clear in the last sentence of Clause 2: "any thing in the constitution or laws of any state to the contrary notwithstanding."
4. Does any government in the US have the lawful authority to require licenses?	State & Local governments only	Though I oppose licensing at the state and local level as well on grounds of human liberty, it is abundantly clear that no power of licensing whatsoever exists in Article I, Section 8.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	Of course. To believe that unborn children are not entitled to the same protections as human beings requires the belief that unborn children are not human beings! An unborn child demonstrably is a separate and unique human being, and therefore entitled to all the protections of a human being.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	The Constitution of the United States is absolutely clear, in Artcile I, Section 1, that ALL legislative powers shall be vested in a Congress of the United States. There exists no legislative power, including making rules, outside of the Congress. All government agencies, meanwhile, by separation of powers exist in the Executive branch, which has no legislative powers. The question then becomes whether the Congress can delegate its legislative power to any other agency. It is clear by Article I, Section 1 that delegating legislative powers to the executive branch necessarily violates the separation of powers clearly delineated by Articles I through III, and therefore delegating the unique power to legislate is unconstitutional. This is proper under the philosophy that only the elected representatives of the people may make laws binding on the people they represent; unelected agencies may not. The Oklahoma constitution similarly in Article 5, Section 1, vests legislative authority in the legislature and the people.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	By the same reasoning no "mandate" or "order" or "declaration" may be binding upon the people unless passed by the legislature as a law made pursuant to the United States Constitution and the respective state constitution. Therefore no mandates, orders, edicts, or declarations are valid. Neither can the legislature delegate away its unique power to legislate without violating the Constitution itself.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		No prohibition of any kind is permitted to the United States government under Aritcle I, Section 8. This was once understood, as ratification of the 18th Amendment was necessary before Congress could prohibit intoxicating liquors. This understanding has since been merely ignored. If a power is not granted in Article I, Section 8 then it simply does not exist! At the state level the state constitution governs what powers the legislature may exercise. On philosophical grounds of human liberty I oppose any such prohibitions on that which properly is an exercise of individual human conscience. Government is no substitute for moral conscience.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	Being forced to pay for someone else's food is not a power granted in Article I, Section 8. Madison, meanwhile elaborated that he could not undertake to lay his finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.
10. Border Security	Lawful	The power to regulate commerce with foreign nations is a power granted in Article I, Section 8. So also is the power to establish rules of naturalizaion; to define and punish piracies and offenses against the law of nations; to delare war, and make rules concerning captures on land and water. Yes, obviously border security is there in Article I, Seciton 8. Article IV, Section 4 meanwhile guarantees the United States shall protect each state against invasion.
11. Social Security	Unlawful	The same remark applies. There is no power whatsoever to take from one man and give to another. Such is both Constitutionally and morally reprehensible.
12. Standing Army	Unlawful	Article I, Section 8 is interesting on that point. There is provision for a standing navy, and for militia in the states; but the provision concerning armies is limited to a term no longer than two years.
13. Medicare	Unlawful	No medical power exists in Article I, Section 8.
14. Medicaid	Unlawful	No medical power exists in Article I, Section 8.
15. Public Education	Unlawful	No power to educate citizens exists in Article I, Section 8.
16. Farm Subsidies	Unlawful	No such power of subsidizing farms exists in Article I, Section 8.
17. Levy taxes	Lawful	The first enumerated power is: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises . . . but all Duties, Imposts, and Excises shall be uniform throughout the United States;"
18. Industry Subsidies	Unlawful	No such power of subsidizing industry exists in Article I, Section 8.
19. Immigration	Lawful	Article I, Section 8 grants explicit power to establish an uniform rule of naturalization.
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Article VI: the U.S. Consitution is the supreme law of the land.
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Article VI: the U.S. Constitution and the laws made in pursuance thereof shall be the supreme law of the land. It follows that laws made outside the U.S. Constitution are invalid.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	It is very clear in the Fourteenth Amendment that no State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	I can't find such power granted in the Oklahoma Constitution; however it must be acknowledged that the Oklahoma Constitution is a gargantuan document that delves far deeper into incidental details than a constitution should!
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	This is explicit in Article I, Section 10: "No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State, or with a foreign Power . . ."

BRICE

CHAFFIN

Republican

DISTRICT 33

STATE REPRESENTATIVE

Payne County

1. Is the US Constitution a binding legal document, or strictly an historic one?

Both

Article VI, Clause 2 establishes the Constitution as the, "supreme Law of the Land". This makes it THE TOP legally binding document of these United States.

2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?

Article I, Section 8, Clause 1-17 lay out the enumerated powers of the federal government. My interpretation of Clause 18, (the necessary and proper clause) is that the clause is tied to the previous enumerated powers. Therefore most of the federal government as we know it today is Constitutionally improper. In the 1803 case Marbury v Madison, Chief Justice Marshall said, "A Law repugnant to the Constitution is void". The 10th amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." As a legislator, it is not only an option, but our DUTY to nullify unconstitutional bills, laws, agencies, and taxes. It is also our duty to stop taking money from the federal government that is constitutionally improper. It is not enough just to vote, "no" on constitutionally improper laws, we must propose bills that will nullify unconstitutional activity from the federal government.

3. Must citizens obey unconstitutional laws?

"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson.

The Constitution is the supreme Law of the Land. Citizens must NOT obey unconstitutional laws, executive orders, nor judicial opinion whether federal, State, or local. â€œAn unconstitutional act is not law. It confers no rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed.â€ â€“ Norton v. Shelby County, 1886

4. Does any government in the US have the lawful authority to require licenses?

None

As sovereign freemen, we possess all of the natural rights bestowed on us by God when He made us in His image. The Declaration of Independence lists three of them as the right to life, liberty, and the pursuit of happiness, (property). If these are natural rights, then we need not a license to practice these natural rights. The 9th amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." If we retain other rights, again, we inherently possess these rights, and they are not gifted to us by the state through a license.

5. Are unborn children entitled to the same protections as those already born?

Yes, from conception

The 5th amendment says[No person shall] be deprived of life, liberty, or property, without due process of law.

The 14th amendment says, "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

So not only shall the unborn not be deprived of their life without due process of the law, the Constitution DEMANDS they receive equal protection as an 8 year old, 18 year old, or 80 year old. Life is life, and murder is murder no matter what your stage of development.

6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?

Article 1 Section 1 vests all legislative powers in the house and senate.

7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)

Again, Article 1 Section 1 vests all legislative powers in the house and senate. If it is not a law passed by the legislature then it is not a law. The executive can issue orders to "execute" laws passed by the legislature, but that is the extent of orders.

8. Which of the following are lawful acts of government? Choose as many as apply.

☐Prohibition of sodas over a certain size

☒ Prohibition of drugs

☐ Prohibition of speech

☐ Prohibition of alcohol

☐ Prohibition of certain guns or accessories

☐ None of the above

The 10th amendment reserves powers not given to the federal government to the states.

FEDERAL TOPICS

State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:

9. Food Stamps

Unlawful

Taking other people's money, and giving it to the public use for food stamps violates the 5th amendment. "nor shall private property be taken for public use without just compensation"

10. Border Security

Lawful

Article 4, Section 4 "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."

It is not just lawful, it is a requirement of the federal government.

11. Social Security

Unlawful

The current implementation of Social Security is unlawful. in 1937 the Helvering v. Davis case sustained the constitutionality of the Act as an excise or income tax under the general welfare provision. However, it is NOT an excise tax because we do not have the option to opt out.

12. Standing Army

Unlawful

Article 1, section 8, clause 12 allows for raising armies for 2 years, Clause 15 allows calling up the militia, neither of these are a permanent standing army. The navy however is a different story. The 2nd amendment intends the army to be composed of a militia, or the body of the people. In George Washington's farewell address, he said, "avoid the necessity of those overgrown Military establishments, which under any form of Government are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Libertyâ€

13. Medicare

Unlawful

It is not listed as one of the enumerated powers in the Article 1, Section 8. So no.

14. Medicaid

Unlawful

It is not listed as one of the enumerated powers in the Article 1, Section 8. So no.

15. Public Education

Unlawful

It is not listed as one of the enumerated powers in the Article 1, Section 8. So no.

16. Farm Subsidies

Unlawful

This violates the 5th amendment. "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." you can't take from me and give to someone else without compensation.

17. Levy taxes

Lawful

Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

18. Industry Subsidies

Unlawful

19. Immigration

Lawful

Article 1, section 8, clause 4 gives Congress power to establish a uniform Rule of Naturalization

STATE & LOCAL TOPICS

Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:

20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful

Unlawful

Article VI, Clause 2 establishes the Constitution as the, "supreme Law of the Land"

21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?

Unlawful

Article VI, Clause 2 establishes the Constitution as the, "supreme Law of the Land"

22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?

Unlawful

The 9th amendment protects our natural rights. As sovereign citizens, we need no license to what is within our natural rights.

23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?

Unlawful

The 9th amendment protects our natural rights. As sovereign citizens, we need no license to what is within our natural rights.

24. May states make agreements or compacts with other states or foreign powers?

ARTICLE I, SECTION 10, CLAUSE 1

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal

BRAD	BANKS	Republican
DISTRICT 70	STATE REPRESENTATIVE	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	The US Constitution is the supreme law by which the government operates under. It is an important historical document in that it was a first of it's kind and we have operated under it since 1789.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Easy answer.
3. Must citizens obey unconstitutional laws?	No	Laws considered unconstitutional should be reviewed by the Supreme Court. Unconstitutional laws may also be challenged by jury nullification, or through civil disobedience.
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	The power to grant and require licenses is balanced by the constitutional protections of federalism. Under the First Amendment, such licenses require carefully crafted legislation and administrative regulations to ensure that their impingement upon guaranteed rights is minimized while the promotion of targeted public policies is maximized.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	See 18 US Code Section 1841 - Protection of Unborn Children, but strike out sub-paragraph c-1.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	See Guarantee Clause.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	See National Emergencies Act. Government may not force evacuation, medical treatment, or dictate what citizens may or may not wear. The government may inform citizens and states, but not enforce in these instances. States of Emergency may be declared, but with strict limitations and short periods. It's very hard to find a Cincinnatus these days.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		Prohibition fails to stop the act. It just steers it underground. Regulations may apply such as necessary minimum age to purchase or quality of product, but the individual should retain the freedom to choose.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	I know about the Food Stamp Act of 1977 with subsequent amendments, but like Social Security, the "providing for the well being of the states" has been taken further than intended.
10. Border Security	Lawful	Article 4, Sec. 4 of The United States Constitution makes it clear the Federal government must stop such an incursion of foreigners into the country.
11. Social Security	Unlawful	Social Security should have been struck down because Congress used a provision of the Constitution that applied to the States, in their united capacity, and unconstitutionally applied it to the people. When Congress inserted the words â€œ[a]n Act to Provide for the General Welfareâ€ at the beginning of the Social Security Act, that body took a clause that granted Congress the power â€œto lay and collect Taxes to provide for the group well being of all the United Statesâ€ and twisted it into a power that granted Congress the power to tax and appropriate money for the general welfare generally. This was a usurpation of power.
12. Standing Army	Lawful	Article 1, Section 8, Clause 12
13. Medicare	Unlawful	See answer given in question 11 re: Social Security
14. Medicaid	Unlawful	See answer given in question 11 re: Social Security and the "promotion of general welfare".
15. Public Education	Unlawful	Amendment 10 - US Constitution
16. Farm Subsidies	Unlawful	It's still welfare, just for farmers in this context. Markets should dictate. (Co-ops, banks, and insurance companies).
17. Levy taxes	Lawful	Article 1, Section 8, Clause 1
18. Industry Subsidies	Unlawful	See 16a.
19. Immigration	Lawful	The Supreme Court has held that the power to exclude aliens is a function, not of a power explicitly set forth in the Constitution, but an â€œincident of sovereignty.â€ See: Chae Chan Ping v. United States, 130 U.S. 581 (1889) & Fong Yue Ting v. United States, 149 U.S. 698 (1893) Also see Commerce Clause, Naturalization Clause, Declaration of War Clause, Law of Nations Clause, and the Necessary and Proper Clause.
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	See Article 6, Supremacy Clause, but not always applied correctly.
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Certainly if they are prohibited by it.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	Article 6 says states are not at liberty to empower their officers to conduct seizures of property that may be unreasonable under the Fourth Amendment. In US v. Duguay, the court stated, " â€œThe decision to impound an automobile is only valid if the arrestee is otherwise unable to provide for the speedy and efficient removal of the car from public thoroughfares or parking lots.â€
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	See Preemption. Cities are creatures of the State.
24. May states make agreements or compacts with other states or foreign powers?	No	No, the states may not make treaties with foreign countries. Under Article II, Section 2, the president is given the power to make treaties with the advice and consent of the Senate. Since the Constitution expressly gives treaty powers to the president and since the Constitution is the supreme law of the land, the states are pre-empted from treating with foreign countries. Foreign policy is solely a federal issue.

TIMOTHY	BROOKS	Republican
DISTRICT 76	STATE REPRESENTATIVE	Tulsa County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	Article VI ... This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;...
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Article VI ...and the Members of the several State Legislatures, ..., to support this Constitution;...
3. Must citizens obey unconstitutional laws?	No	Article VI ... , any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	Wile licensing itself cannot be found in the constitution, the legislature does have authority to make laws, including those pertaining to licensing: Article 1, Section 8: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	14th Amendment, Section 1: ... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	Article 1, section 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	There is nothing that permits the government of a free society the authority to issue mandates or force medical procedures upon its populace.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☐ None of the above		The government's role is not in micromanaging its citizenry, but in enabling them to live the freedoms afforded them by their Creator.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
10. Border Security	Lawful	Article 2, Section 3: he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers
11. Social Security	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
12. Standing Army	Lawful	Article 2, Section 2 The President shall be Commander in Chief of the Army and Navy of the United States,
13. Medicare	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
14. Medicaid	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
15. Public Education	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
16. Farm Subsidies	Unlawful	14th Amendment, Section 1 No State shall make or enforce any law which shall abridge the privileges ... nor deny to any person within its jurisdiction the equal protection of the laws.
17. Levy taxes	Lawful	Article 1 Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
18. Industry Subsidies	Unlawful	14th Amendment, Section 1 No State shall make or enforce any law which shall abridge the privileges ... nor deny to any person within its jurisdiction the equal protection of the laws.
19. Immigration	Lawful	14th Amendment, Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Article 6 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Items prohibited by the constitution should be challenged in court.
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	The legislature does have authority to make laws, including those pertaining to licensing: Article 1, Section 8: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	It is not the place of government to micromanage businesses.
24. May states make agreements or compacts with other states or foreign powers?	No	Article 1, Section 8 To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

PAUL

HASSINK

Republican

DISTRICT 79

STATE REPRESENTATIVE

Tulsa County

1. Is the US Constitution a binding legal document, or strictly an historic one?

Both

Article VI: This Constitution, and the laws of the United States - - shall be made in ... be the supreme law of the land

2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?

Article VI: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;

3. Must citizens obey unconstitutional laws?

unknown

4. Does any government in the US have the lawful authority to require licenses?

Federal & State/Local governments

unknown

5. Are unborn children entitled to the same protections as those already born?

Yes, from conception

Amendment 14: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?

Article 1, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)

Article 1, Section 9: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

8. Which of the following are lawful acts of government? Choose as many as apply.

☐Prohibition of sodas over a certain size

☐ Prohibition of drugs

☐ Prohibition of speech

☐ Prohibition of alcohol

☐ Prohibition of certain guns or accessories

☒ None of the above

unknown

FEDERAL TOPICS

State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:

9. Food Stamps

Unlawful

unknown

10. Border Security

Lawful

Article 4, Section 4: The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

11. Social Security

Unlawful

unknown

12. Standing Army

Lawful

Article 2, Section 2: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

Article 1, Section 8:

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States

13. Medicare

Unlawful

unknown

14. Medicaid

Unlawful

unknown

15. Public Education

Unlawful

unknown

16. Farm Subsidies

Unlawful

unknown

17. Levy taxes

Lawful

Article 1, Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

18. Industry Subsidies

Unlawful

unknown

19. Immigration

Lawful

Article 1, Section 9: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress

STATE & LOCAL TOPICS

Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:

20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful

Unlawful

Article VI: This Constitution, and the laws of the United States - - shall be made in ... be the supreme law of the land

21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?

Unlawful

unknown

22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?

Lawful

on public property

23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?

Lawful

when stricter than state law

24. May states make agreements or compacts with other states or foreign powers?

Yes, but only with consent of Congress

unknown

County Races

BRIAN	BELL	Democrat
COUNTY COMMISSIONER DISTRICT NO. 3	COUNTY COMMISSIONER	Latimer County
1. Is the US Constitution a binding legal document, or strictly an historic one?	Binding, legal document	It is binding. It is what we were built on.
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	It goes against the Constitution
3. Must citizens obey unconstitutional laws?	No	If it is unconstitutional, it should be oneâ€™s own right to choose
4. Does any government in the US have the lawful authority to require licenses?	Federal & State/Local governments	Goes with the Constitution
5. Are unborn children entitled to the same protections as those already born?	No. They are not the same.	Abortion is legal in Oklahoma.
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	It is in-constitutional
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	Yes	Yes because they had mandates during Covid 19 Pandemic.
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☒ Prohibition of drugs ☐ Prohibition of speech ☒ Prohibition of alcohol ☒ Prohibition of certain guns or accessories ☐ None of the above		They all have to be controlled.
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Lawful	Should have to qualify with strict guidelines
10. Border Security	Lawful	Put in place by the Federal Government
11. Social Security	Lawful	Put in place by the Federal Government
12. Standing Army	Lawful	Put in place by the Federal Government
13. Medicare	Lawful	Put in place by the Federal Government
14. Medicaid	Lawful	Put in place by the Federal Government
15. Public Education	Lawful	Put in place by the Federal Government
16. Farm Subsidies	Lawful	Put in place by the Federal Government
17. Levy taxes	Lawful	Put in place by the Federal Government
18. Industry Subsidies	Lawful	Put in place by the Federal Government
19. Immigration	Lawful	Put in place by the Federal Government
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	Put in place by the Federal Government
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	Goes against the Constitution
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Lawful	Put in place by the Federal Government
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	Goes against the Constitution
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	Goes against the Constitution

BOB

JACK

Republican

DISTRICT NO. 3

COUNTY COMMISSIONER

Tulsa County

1. Is the US Constitution a binding legal document, or strictly an historic one?

Binding, legal document

Preamble word - do ordain and establish

2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?

Other

Constitution is the supreme law of the land. All laws and bills must be based on the Constitution

Commissioners don't pass law

3. Must citizens obey unconstitutional laws?

Yes

The determination of what is the law status. This is a legal question Until it's determined to be Unconstitutional or put on hold it is the law

4. Does any government in the US have the lawful authority to require licenses?

State & Local governments only

What type of license?

5. Are unborn children entitled to the same protections as those already born?

Yes, from conception

The Bible said so. Trumps the Constitution!!

6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?

Yes

Legislative bodies have given those duties away. Should have never happened. Coward legislators

7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)

Yes

Limited - Natural disaster evacuation but generally they are voluntary

8. Which of the following are lawful acts of government? Choose as many as apply.

☐Prohibition of sodas over a certain size

☒ Prohibition of drugs

☐ Prohibition of speech

☐ Prohibition of alcohol

☒ Prohibition of certain guns or accessories

☐ None of the above

Figured my answers would not be what is expected

FEDERAL TOPICS

State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:

9. Food Stamps

Unlawful

No response

10. Border Security

Lawful

Art 4 Sect 4

11. Social Security

Unlawful

No response

12. Standing Army

Lawful

Art 1 sect 8

13. Medicare

Unlawful

No response

14. Medicaid

Unlawful

No response

15. Public Education

Unlawful

No response

16. Farm Subsidies

Unlawful

No response

17. Levy taxes

Lawful

16th Amendment

18. Industry Subsidies

Unlawful

No response

19. Immigration

Lawful

Art 1 Sect 8 - Naturalization

STATE & LOCAL TOPICS

Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:

20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful

Unlawful

Article VI - Supremacy

21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?

Unlawful

No response

22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?

Unlawful

Unreasonable seizure

23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?

Unlawful

But reasonable regulation to keep certain businesses spaced properly Zoning regulation or land use is reasonable No strip clubs next to church or no bar next to an elementary school

24. May states make agreements or compacts with other states or foreign powers?

Yes, but only with consent of Congress

Art 1, Sect 10

Constitutional Grounds Answers

CONSTITUTIONAL	GROUNDS
	Our answers shall necessarily be longer than most candidates, as we quote citations and explain the reasoning behind each answer.
1. Is the US Constitution a binding legal document, or strictly an historic one?	Both	Of course, the document is historical, given its age and importance. It is certainly not merely historical. It is also the supreme Law throughout the united states. Article VI, Clause 2 "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land..." Oklahoma Constitution Article I, Section 1 “The State of Oklahoma is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.”
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper?	No	Any bill or law which is in any way constitutionally improper cannot be supported or enforced until it is amended to be lawful. This is part and parcel to the Oath of Office. Article VI, Clause 3 "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." Oklahoma Constitution Article XV, Section 1 (relevant part) “’I, _________, do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma…’” Article XV, Section 2 “…any person who shall have been convicted of having sworn or affirmed falsely, or having violated said oath, or affirmation, shall be guilty of perjury, and shall be disqualified from holding any office of trust or profit within the State.”
3. Must citizens obey unconstitutional laws?	No	Note the last phrase Article VI, Clause 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any...Laws of any State to the Contrary notwithstanding.
4. Does any government in the US have the lawful authority to require licenses?	None	Licensing can never lawfully be run by any government. All licensing schemes begin with a violation of "due process" by creating complete deprivation of liberty or property, then "permitting or allowing" the licensee the "privilege" of doing that which is already theirs by Natural and lawful Right. Further, punishment is legislated for unlicensed exercise of the right, even if there is no other improper activity. This violates the "Privileges and Immunities" clauses of Article 4 and the 14th Amendment. All natural rights are protected by the 5th & 14th Amendments' Due Process Clauses, and the 9th Amendment. Privileges and Immunities Article IV, Section 2, Clause 1 "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Due Process 5th Amendment "No person shall be…deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Privileges & Immunities, Due Process, Equal Protection 14th Amendment "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Protect Unenumerated Rights 9th Amendment "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Oklahoma Constitution Article II, Section 2 “All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.” Article II, Section 7 “No person shall be deprived of life, liberty, or property, without due process of law.”
5. Are unborn children entitled to the same protections as those already born?	Yes, from conception	It is self evident truth that an unborn child is a human life, a person. This person has just not yet been born. Under our Constitution, the rights of every person to Life, Liberty, and Property must be protected, not deprived or allowed to be deprived them, especially by statute. The Right to Life is paramount. It is a lawless, murderous people which allows its most vulnerable to be murdered by those supernaturally entrusted to be the guardians of their rights. It is worse yet when government not only allows, but funds (via illegal taxation) the murders. 5th Amendment "No person shall be…deprived of life, liberty, or property, without due process of law..." 14th Amendment "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Oklahoma Constitution Article II, Section 2 “All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.” Article II, Section 7 “No person shall be deprived of life, liberty, or property, without due process of law.”
6. Are non-legislative branches of government authorized to make rules that are binding in the same manner as laws?	No	We realized by some of the answers that we should have said “…make rules that are binding on the public…” This is a learning process, for us as well as the candidates. Please consider this when you judge the responses. The mark of a republican form of government is elected representation for lawmaking by a legislative body. Article 4 of the US Constitution requires a republican form of government (reference below). Under this system, only the Congress or state legislature may make rules which bind citizens, ie: legislate. No other branch has been, or may be, granted such authority. As the United States is a government of enumerated authority, any power not specifically granted cannot be exercised, even if delegated by the authorized branch. Of course, an executive may make rules for their branch of government, as long as the rules are themselves constitutional. For instance, an executive may direct policy via rules. But, such rules may not violate the Constitution. They may not set, or require that employees execute, unconstitutional or otherwise illegal policies. Nor may the rules violate the individual rights of employees. The judiciary certainly may not "create law." Sadly, Oklahoma’s Constitution violates the US Constitution in this regard, allowing constitutional “exceptions” to the clear republican separation of powers. Republican form of Government Article IV, Section 4 “The United States shall guarantee to every State in this Union a Republican Form of Government” Legislation exclusive to Congress Article 1, Section 1 "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Oklahoma Constitution, Article VI "The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others."
7. Is any government authorized to issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation orders, vaccine mandates, mask mandates)	No	Government is subordinate to the people, even though they create laws to which people must submit. Laws must recognize the sovereignty of the individual over their own affairs. Laws have limits. Every person is individually sovereign over themselves and has sole authority to decide for themselves (ie: liberty) how they react to any situation. The responsibility for choices is wholly upon the individual who makes those choices. They may not be punished, have their security threatened, or deprived of their liberty to decide for themselves. Yet, the rights of others are the limit to what may be chosen. Mandates, though, remove the decision making from the individual to the government. All such dictates, even if motivated by apparently good and/or "reasonable" motives are truly un-reasonable since they are improper. People are free to exercise their liberty especially when personal decisions cannot be proved to violate the rights of others. "Nanny State" dictates violate the protections of the 4th, 5th, 9^thand 14th Amendments. 4th Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." 5th Amendment (relevant part) "No person shall...be deprived of life, liberty, or property, without due process of law..." 9^th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 14th Amendment, Section 1 "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
8. Which of the following are lawful acts of government? Choose as many as apply. ☐Prohibition of sodas over a certain size ☐ Prohibition of drugs ☐ Prohibition of speech ☐ Prohibition of alcohol ☐ Prohibition of certain guns or accessories ☒ None of the above		Government has no authority to legislatively prohibit any thing or any activity which does not violate the rights of others. Prohibitions are the very deprivations which the due process clauses of the 5th and 14th Amendments disallow any government from legislating into law. Regulations must keep the public safe, and address only the means to protect lives, property and liberty when equal rights may meet, but never prohibit the actions or property being regulated. (e.g., the basic rules of the road, which protect the right to drive, but make it safe for all when the rules are followed) Further, the first three prohibitions are protected as rightful activity and property. Although they are unmentioned in the Constitution, they are protected by the 9^th Amendment 9th Amendment. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Alcohol is covered by the 9th, as well as the 21st Amendment, which overturned the prohibition of the 18th Amendment. Guns and accessories are specifically enumerated under "arms" in the 2nd Amendment, as well as property in the 5^th and 14th. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
FEDERAL TOPICS State from the US Constitution whether each of the following are lawful or unlawful powers of the federal government:
9. Food Stamps	Unlawful	The United States is a government of enumerated authority, any authority not granted the federal government cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any charity program. Quite the opposite is the case. The lack of any hint of authorization is sufficient proof. Further, the decisions about whether one gives to charity and the choice of which charitable organizations should receive gifts are the exclusive province of the giver. The "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
10. Border Security	Lawful	Article 1, Section 8, Clauses 1, 3, 15 (relevant parts) “The Congress shall have Power To lay and collect…Duties, Imposts…to pay the Debts and provide for the common Defence and general Welfare of the United States…;” “To regulate Commerce with foreign Nations…;” “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” Article IV, Section 4 “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…”
11. Social Security	Unlawful	The United States is a government of enumerated authority, any authority not granted cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any such insurance, retirement, or benefits program. This was true in 1935 when the program was purely voluntary. Now, the program has added to the above constitutional violation by forcing participation and payment. This violates the "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. In addition, it enslaves citizens by forcing them to pay, whether they wish to be in the program or not. This violates the 13^th Amendment. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
12. Standing Army	Unlawful	We admit that we could have used a different term than Standing Army. The idea was a permanent army. This term is not used in the Constitution but was widely used by our Founders, who lived through a standing British army which ruled tyrannically. We may constitutionally have a standing navy. What we were endeavoring to discover was who knew of the following clause, Article 1, Section 8, Clause 12 "The Congress shall have power...To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years" Note the contrast to the next clause regarding the navy, " The Congress shall have power...To provide and maintain a Navy"
13. Medicare	Unlawful	The United States is a government of enumerated authority, any authority not granted cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any such insurance, health, or benefits program. Quite the opposite is the case. Further, the "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. In addition, it enslaves citizens to pay, whether they participate in the program or not, violating the 13^th Amendment. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
14. Medicaid	Unlawful	The United States is a government of enumerated authority, any authority not granted cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any such insurance, health, or benefits program. Quite the opposite is the case. Further, the "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. In addition, it enslaves citizens to pay, whether they participate or not, violating the 13^th Amendment. Also, for state participation in the program, see our answer to Question 21 below. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
15. Public Education	Unlawful	The United States is a government of enumerated authority, any authority not granted cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any education program. Quite the opposite is the case. Further, the "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. In addition, compelling charity enslaves citizens to pay, whether they have school children or not, violating the 13^th Amendment. Also, for state participation in the program, see our answer to Question 21 below. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
16. Farm Subsidies	Unlawful	The United States is a government of enumerated authority, any authority not granted cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to control agriculture, especially to take from the people to pay farmers for anything, especially to not farm. Quite the opposite is the case. Further, the "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. In addition, it enslaves citizens to pay, whether they are farmers or not, violating the 13^th Amendment. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
17. Levy taxes	Lawful	Government has authority to tax to fund its legitimate operation, but nothing else. Please note the operative word “proper” in Clause 18 below. Originally, taxation by the federal government was limited. It expanded greatly upon passage of the 16^th Amendment, which many believe should be repealed. Article 1, Section 8, Clause 1 “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;” Article 1, Section 8, Clause 18 (note the operative word “proper”) ”The Congress shall have Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” 16^th Amendment The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
18. Industry Subsidies	Unlawful	As above, this is again a power not granted and therefore cannot be exercised (10th Amendment). As noble as the program may seem, the federal government has never been granted authority to run any such industry or corporate benefits program. Quite the opposite is the case. The "Due Process" clause and, even more, the "Takings Clause" of the 5th Amendment preclude any government from taxing to pay for such a program. People may not be enslaved to pay money to go to others, for any reason. Finally, this is a breach of the Privileges and Immunities clauses, as only a few receive the subsidies or tax breaks. The remainder of businesses pay a higher tax bill to pay for those receiving the tax breaks or subsidies. 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 5th Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." 13^th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Article IV, Section 2, Clause 1 “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
19. Immigration	Lawful	Since 1808 lawmaking regarding immigration has been under the constitutional authority of the federal government. Article 1, Section 9, Clause 1 (relevant part) “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight…” Further, Article I, Section 8, Clause 4 grants “The Congress shall have power…To establish an uniform Rule of Naturalization…”
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the following are lawful or unlawful powers of state government:
20. If the State constitution or statutes authorize a program that the US Constitution prohibits the states from enacting, is the program Lawful or Unlawful	Unlawful	The US Constitution, including the Bill of Rights, is Supreme (Article VI). States may not violate rights. States may not enact or enforce laws or programs specifically prohibited them by the US Constitution (10^th Amendment). The Constitution has definite prohibitions for the states. While we will not be specific here, the majority of these prohibitions may be found in Article I, Section 10; Article IV; and the 14^th Amendment. 10^th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States…” Sadly, state constitutions and statutes are replete with provisions which contravene the US Constitution.
21. Is it lawful for states to participate in federal programs that are either not authorized by the US Constitution or are prohibited by it?	Unlawful	As explained above, the United States is a government of enumerated powers. Programs which are not authorized or are prohibited cannot lawfully exist. Therefore, participation is obviously a usurpation of power. It is also a violation of the Oath of Office for each official who is complicit. No individual, let alone state or local government, may participate in an illegal program. More especially those entrusted to ensure that the law is followed must be under a stricter judgment for such participation. The Oath of Office is perhaps the most sacred obligation in our state and nation. Its keeping is the key to lawful governance. Article VI, Clause 3 “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Oklahoma Constitution, Article XV, Section 1 (relevant part) “’I, _________, do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma…’”
22. Are statutes calling for police to impound automobiles for no driver's license, tag, and/or insurance lawful or unlawful?	Unlawful	See our answer to Question 4 about government licensing. Licensing takes many forms, including tags/license plates, but all end in the same result, the criminalization of natural rights, punishment for otherwise lawful exercise of said rights, extortion, deprivation of liberty or property by legislation and not because of due process of law for abuse of liberty. Compulsory insurance is another unconstitutional scheme. It seems valid, but deprivation before having done anything to deserve said deprivation or due process is again the scheme. In addition, compulsory purchase of insurance is another problem. While the mindset behind compulsory insurance is tort, that those who may be the cause of accidental damage are always obligated to pay. The problem is that the rich who can afford the insurance are permitted to drive, while the others who may never have an accident are declared to be criminals for exercising their right to drive. But it unlawfully harms the poorest. Constitutional propriety requires thinking outside of the decades old box. Insurance is to pay for mishaps which happen to the insured. Constitutionally, one may not be forced to insure others on the road. Government has no authority to dictate purchases. Additionally, no one may be deprived of their liberty because they cannot afford an improper, artificial requirement. It follows that with licensing being unlawful, its enforcement is unlawful.
23. Is it lawful or unlawful for municipalities to prohibit certain business types from operating in their town?	Unlawful	Again, we could have been clearer in our question. We were especially concerned about municipalities who wish to control the “image” of their cities, and therefore will legislatively disallow businesses which do not fit their “image.” But, as we have repeated above, governments may not legislatively violate the due process clause (5^th and 14^th Amendments and deprive citizens of their right to engage in a rightful business of their choice.
24. May states make agreements or compacts with other states or foreign powers?	Yes, but only with consent of Congress	Article 1, Section 10, last Clause (relevant part) “No State shall, without the Consent of Congress,… enter into any Agreement or Compact with another State, or with a foreign Power…”

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