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 . . ."

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Oklahoma Candidate Questionnaire Responses - 2022

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