Oklahoma Candidate Questionnaire Responses - 2022
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.
Quick Links
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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 |
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. |
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. |
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. |
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: “This 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 LAND…†The US Constitution is a document of popular sovereignty—meaning that it is born from the consent of the governed. That power is specifically derived from the “consent of the governed†clause found within the second paragraph of the United States Declaration of Independence. The framers, antifederalists and federalists alike, specifically site John Locke’s moral philosophy that nations are built upon the consent of “free and equal†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 “State [or federal] law is an obstacle to the accomplishment and execution of congress's full purpose and objectives†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 § 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 congress’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 effects†|
8. Which of the following are
lawful acts of government? Choose as many as apply. |
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 “commerce 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 Court’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 § 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 §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 §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 §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 state’s rights power so long as the state does not take measures to violate a student’s 14th amendment protections from racial prejudice under the equal protection clause. |
16. Farm Subsidies |
Lawful |
Art. 1 § 8 empowers Congress to “lay and collect taxes†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 § 8 empowers Congress to “lay and collect taxes†|
18. Industry Subsidies |
Lawful |
Art. 1 § 8 empowers Congress to “lay and collect taxes†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, § 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: “This
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 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? |
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 driver’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 §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. |
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. |
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. |
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, “The 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. § 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 husband’s mothrt. |
|
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
https://en.m.wikipedia.org/wiki/Constitutionality |
|
3. Must citizens obey unconstitutional laws? |
No |
Amendment XIVSection
1. |
|
4. Does any government in the US have the lawful authority to require licenses? |
Federal & State/Local
governments |
Section 8 Powers of Congress |
|
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
https://www.law.cornell.edu/constitution/amendmentxiv |
|
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
https://obamawhitehouse.archives.gov/1600/legislative-branch |
|
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
https://www.law.cornell.edu/wex/free_exercise_clause |
|
8. Which of the following are
lawful acts of government? Choose as many as apply. |
Sodas |
||
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 |
|
10. Border Security |
Lawful |
Section 4 |
|
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. |
|
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.The Agricultural Adjustment Act (AAA) was a United
States federal law of the New
Deal era designed to boost agricultural
prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies 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. |
|
17. Levy taxes |
Lawful |
In the United States, 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. |
|
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 |
|
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: |
|
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 |
|
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. |
1st amendment freedom of speech |
|
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 |
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 |
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. |
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. |
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 . . ." |