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 . . ." |
BRICE |
CHAFFIN |
Republican |
DISTRICT 33 |
STATE REPRESENTATIVE |
Payne County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
Article VI, Clause 2 establishes
the Constitution as the, "supreme Law of the Land". This makes it
THE TOP legally binding document of these United States. |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
Article I, Section 8, Clause 1-17
lay out the enumerated powers of the federal government. My interpretation of
Clause 18, (the necessary and proper clause) is that the clause is tied to
the previous enumerated powers. Therefore most of
the federal government as we know it today is Constitutionally improper. In
the 1803 case Marbury v Madison, Chief Justice Marshall said, "A
Law repugnant to the Constitution is void". The 10th amendment says, "The powers not delegated
to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people." As a
legislator, it is not only an option, but our DUTY to nullify
unconstitutional bills, laws, agencies, and taxes. It is also our duty to
stop taking money from the federal government that is constitutionally
improper. It is not enough just to vote, "no" on constitutionally
improper laws, we must propose bills that will nullify unconstitutional
activity from the federal government. |
3. Must citizens obey unconstitutional laws? |
No |
"If a law is unjust, a man is
not only right to disobey it, he is obligated to do
so." - Thomas Jefferson. |
4. Does any government in the US have the lawful authority to require licenses? |
None |
As sovereign freemen, we possess all of the natural rights bestowed on us by God when He
made us in His image. The Declaration of Independence lists three of them as
the right to life, liberty, and the pursuit of happiness, (property). If
these are natural rights, then we need not a license to practice these
natural rights. The 9th amendment
reads, "The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the people." If
we retain other rights, again, we inherently possess these rights, and they
are not gifted to us by the state through a license. |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
The 5th amendment says[No person
shall] be deprived of life, liberty, or property, without due process of law. |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
Article 1 Section 1 vests all
legislative powers in the house and senate. |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
Again, Article 1 Section 1 vests
all legislative powers in the house and senate. If it is not a law passed by
the legislature then it is not a law. The executive
can issue orders to "execute" laws passed by the legislature, but
that is the extent of orders. |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
The 10th amendment reserves powers
not given to the federal government to the states. |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Unlawful |
Taking other people's money, and giving it to the public use for food stamps
violates the 5th amendment. "nor shall private
property be taken for public use without just compensation" |
10. Border Security |
Lawful |
Article 4, Section 4 "The
United States shall guarantee to every State in this Union a Republican Form
of Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic Violence." |
11. Social Security |
Unlawful |
The current implementation of
Social Security is unlawful. in 1937 the Helvering
v. Davis case sustained the constitutionality of the Act as an excise or
income tax under the general welfare provision. However, it is NOT an excise
tax because we do not have the option to opt out. |
12. Standing Army |
Unlawful |
Article 1, section 8, clause 12
allows for raising armies for 2 years, Clause 15 allows calling up the
militia, neither of these are a permanent standing army. The navy however is
a different story. The 2nd amendment intends the army to be composed of a militia,
or the body of the people. In George Washington's farewell address, he said,
"avoid the necessity of those overgrown Military establishments, which
under any form of Government are inauspicious to liberty, and which are to be
regarded as particularly hostile to Republican Liberty†|
13. Medicare |
Unlawful |
It is not listed as one of the
enumerated powers in the Article 1, Section 8. So
no. |
14. Medicaid |
Unlawful |
It is not listed as one of the
enumerated powers in the Article 1, Section 8. So
no. |
15. Public Education |
Unlawful |
It is not listed as one of the
enumerated powers in the Article 1, Section 8. So
no. |
16. Farm Subsidies |
Unlawful |
This violates the 5th amendment.
"nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public
use, without just compensation." you can't take from me and give to
someone else without compensation. |
17. Levy taxes |
Lawful |
Clause 1: The Congress shall have
Power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the
Debts and provide for the common Defense and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform throughout the
United States |
18. Industry Subsidies |
Unlawful |
This violates the 5th amendment.
"nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public
use, without just compensation." you can't take from me and give to
someone else without compensation. |
19. Immigration |
Lawful |
Article 1, section 8, clause 4
gives Congress power to establish a uniform Rule of Naturalization |
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
Article VI, Clause 2 establishes
the Constitution as the, "supreme Law of the Land" |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
Article VI, Clause 2 establishes
the Constitution as the, "supreme Law of the Land" |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Unlawful |
The 9th amendment protects our
natural rights. As sovereign citizens, we need no license to what is within
our natural rights. |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
The 9th amendment protects our
natural rights. As sovereign citizens, we need no license to what is within
our natural rights. |
24. May states make agreements or
compacts with other states or foreign powers? |
No |
ARTICLE I, SECTION 10, CLAUSE 1 |
BRAD |
BANKS |
Republican |
DISTRICT 70 |
STATE REPRESENTATIVE |
Tulsa County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
The US Constitution is the supreme law by which the government operates under. It is an important historical document in that it was a first of it's kind and we have operated under it since 1789. |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
Easy answer. |
3. Must citizens obey unconstitutional laws? |
No |
Laws considered unconstitutional should be reviewed by the Supreme Court. Unconstitutional laws may also be challenged by jury nullification, or through civil disobedience. |
4. Does any government in the US have the lawful authority to require licenses? |
Federal & State/Local governments |
The power to grant and require licenses is balanced by the constitutional protections of federalism. Under the First Amendment, such licenses require carefully crafted legislation and administrative regulations to ensure that their impingement upon guaranteed rights is minimized while the promotion of targeted public policies is maximized. |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
See 18 US Code Section 1841 - Protection of Unborn Children, but strike out sub-paragraph c-1. |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
See Guarantee Clause. |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
See National Emergencies Act. Government may not force evacuation, medical treatment, or dictate what citizens may or may not wear. The government may inform citizens and states, but not enforce in these instances. States of Emergency may be declared, but with strict limitations and short periods. It's very hard to find a Cincinnatus these days. |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
Prohibition fails to stop the
act. It just steers it
underground. Regulations may apply
such as necessary minimum age to purchase or quality of product, but the
individual should retain the freedom to choose. |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Unlawful |
I know about the Food Stamp Act of 1977 with subsequent amendments, but like Social Security, the "providing for the well being of the states" has been taken further than intended. |
10. Border Security |
Lawful |
Article 4, Sec. 4 of The United States Constitution makes it clear the Federal government must stop such an incursion of foreigners into the country. |
11. Social Security |
Unlawful |
Social Security should have been struck down because Congress used a provision of the Constitution that applied to the States, in their united capacity, and unconstitutionally applied it to the people. When Congress inserted the words “[a]n Act to Provide for the General Welfare†at the beginning of the Social Security Act, that body took a clause that granted Congress the power “to lay and collect Taxes to provide for the group well being of all the United States†and twisted it into a power that granted Congress the power to tax and appropriate money for the general welfare generally. This was a usurpation of power. |
12. Standing Army |
Lawful |
Article 1, Section 8, Clause 12 |
13. Medicare |
Unlawful |
See answer given in question 11 re: Social Security |
14. Medicaid |
Unlawful |
See answer given in question 11 re: Social Security and the "promotion of general welfare". |
15. Public Education |
Unlawful |
Amendment 10 - US Constitution |
16. Farm Subsidies |
Unlawful |
It's still welfare, just for farmers in this context. Markets should dictate. (Co-ops, banks, and insurance companies). |
17. Levy taxes |
Lawful |
Article 1, Section 8, Clause 1 |
18. Industry Subsidies |
Unlawful |
See 16a. |
19. Immigration |
Lawful |
The Supreme Court has held that the power to exclude aliens is a
function, not of a power explicitly set forth in the Constitution, but an “incident of sovereignty.†|
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of the
following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
See Article 6, Supremacy Clause, but not always applied correctly. |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
Certainly if they are prohibited by it. |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Unlawful |
Article 6 says states are not at liberty to empower their officers to conduct seizures of property that may be unreasonable under the Fourth Amendment. In US v. Duguay, the court stated, " “The decision to impound an automobile is only valid if the arrestee is otherwise unable to provide for the speedy and efficient removal of the car from public thoroughfares or parking lots.†|
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
See Preemption. Cities are creatures of the State. |
24. May states make agreements or
compacts with other states or foreign powers? |
No |
No, the states may not make treaties with foreign countries.
Under Article II, Section 2, the president is given the power to make
treaties with the advice and consent of the Senate. Since the Constitution
expressly gives treaty powers to the president and since the Constitution is
the supreme law of the land, the states are pre-empted from treating with
foreign countries. |
TIMOTHY |
BROOKS |
Republican |
DISTRICT 76 |
STATE REPRESENTATIVE |
Tulsa County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Binding, legal document |
Article VI |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
Article VI |
3. Must citizens obey unconstitutional laws? |
No |
Article VI |
4. Does any government in the US have the lawful authority to require licenses? |
Federal & State/Local governments |
Wile licensing itself cannot be found
in the constitution, the legislature does have authority to make laws,
including those pertaining to licensing: |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
14th Amendment, Section 1: |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
Article 1, section 1 |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
There is nothing that permits the government of a free society the authority to issue mandates or force medical procedures upon its populace. |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
The government's role is not in micromanaging its citizenry, but
in enabling them to live the freedoms afforded them by their Creator. |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Lawful |
Article 1 Section 8: |
10. Border Security |
Lawful |
Article 2, Section 3: |
11. Social Security |
Lawful |
Article 1 Section 8: |
12. Standing Army |
Lawful |
Article 2, Section 2 |
13. Medicare |
Lawful |
Article 1 Section 8: |
14. Medicaid |
Lawful |
Article 1 Section 8: |
15. Public Education |
Lawful |
Article 1 Section 8: |
16. Farm Subsidies |
Unlawful |
14th Amendment, Section 1 |
17. Levy taxes |
Lawful |
Article 1 Section 8: |
18. Industry Subsidies |
Unlawful |
14th Amendment, Section 1 |
19. Immigration |
Lawful |
14th Amendment, Section 1 |
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 |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
Items prohibited by the constitution should be challenged in court. |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Lawful |
The legislature does have authority to make laws, including
those pertaining to licensing: |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
It is not the place of government to micromanage businesses. |
24. May states make agreements or
compacts with other states or foreign powers? |
No |
Article 1, Section 8 |
PAUL |
HASSINK |
Republican |
DISTRICT 79 |
STATE REPRESENTATIVE |
Tulsa County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
Article VI: This Constitution, and the laws of the
United States - - shall be made in ... be the supreme law of the land |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
Article VI: The Senators and Representatives before
mentioned, and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this Constitution; |
3. Must citizens obey unconstitutional laws? |
No |
unknown |
4. Does any government in the US have the lawful authority to require licenses? |
Federal & State/Local governments |
unknown |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
Amendment 14: nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws. |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
Article 1, Section 1: All legislative Powers herein granted shall
be vested in a Congress of the United States, which shall consist of a Senate
and House of Representatives. |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
Article 1, Section 9: The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it. |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
unknown |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Unlawful |
unknown |
10. Border Security |
Lawful |
Article 4, Section 4: The United States shall guarantee to every
State in this Union a republican form of government, and
shall protect each of them against invasion; and on application of the
legislature, or of the executive (when the legislature cannot be convened)
against domestic violence. |
11. Social Security |
Unlawful |
unknown |
12. Standing Army |
Lawful |
Article 2, Section 2: The President shall be Commander in Chief
of the Army and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States; |
13. Medicare |
Unlawful |
unknown |
14. Medicaid |
Unlawful |
unknown |
15. Public Education |
Unlawful |
unknown |
16. Farm Subsidies |
Unlawful |
unknown |
17. Levy taxes |
Lawful |
Article 1, Section 8: The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform throughout the
United States; |
18. Industry Subsidies |
Unlawful |
unknown |
19. Immigration |
Lawful |
Article 1, Section 9: The Migration or Importation of such
Persons as any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress |
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
Article VI: This Constitution, and the laws of the
United States - - shall be made in ... be the supreme law of the land |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
unknown |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Lawful |
on public property |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Lawful |
when stricter than state law |
24. May states make agreements or
compacts with other states or foreign powers? |
Yes, but only with consent of
Congress |
unknown |
County Races
BRIAN |
BELL |
Democrat |
COUNTY COMMISSIONER DISTRICT NO. 3 |
COUNTY COMMISSIONER |
Latimer County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Binding, legal document |
It is binding. It is what we were built on. |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
It goes against the Constitution |
3. Must citizens obey unconstitutional laws? |
No |
If it is unconstitutional, it should be one’s own right to choose |
4. Does any government in the US have the lawful authority to require licenses? |
Federal & State/Local governments |
Goes with the Constitution |
5. Are unborn children entitled to the same protections as those already born? |
No. They are not the same. |
Abortion is legal in Oklahoma. |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
It is in-constitutional |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
Yes |
Yes because they had mandates during Covid 19 Pandemic. |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
They all have to
be controlled. |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Lawful |
Should have to qualify with strict guidelines |
10. Border Security |
Lawful |
Put in place by the Federal Government |
11. Social Security |
Lawful |
Put in place by the Federal Government |
12. Standing Army |
Lawful |
Put in place by the Federal Government |
13. Medicare |
Lawful |
Put in place by the Federal Government |
14. Medicaid |
Lawful |
Put in place by the Federal Government |
15. Public Education |
Lawful |
Put in place by the Federal Government |
16. Farm Subsidies |
Lawful |
Put in place by the Federal Government |
17. Levy taxes |
Lawful |
Put in place by the Federal Government |
18. Industry Subsidies |
Lawful |
Put in place by the Federal Government |
19. Immigration |
Lawful |
Put in place by the Federal Government |
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
Put in place by the Federal Government |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
Goes against the Constitution |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Lawful |
Put in place by the Federal Government |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
Goes against the Constitution |
24. May states make agreements or
compacts with other states or foreign powers? |
Yes, but only with consent of Congress |
Goes against the Constitution |
BOB |
JACK |
Republican |
DISTRICT NO. 3 |
COUNTY COMMISSIONER |
Tulsa County |
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Binding, legal document |
Preamble word - do ordain and
establish |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
Other |
Constitution is the supreme law of
the land. All laws and bills must be
based on the Constitution |
3. Must citizens obey unconstitutional laws? |
Yes |
The determination of what is the
law status. This is a legal question Until it's determined to be
Unconstitutional or put on hold it is the law |
4. Does any government in the US have the lawful authority to require licenses? |
State & Local governments only |
What type of license? |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
The Bible said so. Trumps the
Constitution!! |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
Yes |
Legislative bodies have given those
duties away. Should have never
happened. Coward legislators |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
Yes |
Limited - Natural disaster
evacuation but generally they are voluntary |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
Figured my answers would not be
what is expected |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
||
9. Food Stamps |
Unlawful |
No response |
10. Border Security |
Lawful |
Art 4 Sect 4 |
11. Social Security |
Unlawful |
No response |
12. Standing Army |
Lawful |
Art 1 sect 8 |
13. Medicare |
Unlawful |
No response |
14. Medicaid |
Unlawful |
No response |
15. Public Education |
Unlawful |
No response |
16. Farm Subsidies |
Unlawful |
No response |
17. Levy taxes |
Lawful |
16th Amendment |
18. Industry Subsidies |
Unlawful |
No response |
19. Immigration |
Lawful |
Art 1 Sect 8 - Naturalization |
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
Article VI - Supremacy |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
No response |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Unlawful |
Unreasonable seizure |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
But reasonable regulation to keep certain
businesses spaced properly Zoning
regulation or land use is reasonable
No strip clubs next to church or no bar next to an elementary school |
24. May states make agreements or
compacts with other states or foreign powers? |
Yes, but only with consent of
Congress |
Art 1, Sect 10 |
Constitutional Grounds Answers
CONSTITUTIONAL |
GROUNDS |
|
|
Our answers shall necessarily be longer than most
candidates, as we quote citations and explain the reasoning behind each
answer. |
|
1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
Of course, the document is historical, given
its age and importance. It is certainly not merely historical. It is also the supreme Law throughout the united states. Article VI, Clause 2 "This Constitution, and the Laws of the
United States which shall be made in Pursuance thereof...shall be the supreme
Law of the Land..." Oklahoma Constitution Article I, Section 1 “The
State of Oklahoma is an inseparable part of the Federal Union, and the
Constitution of the United States is the supreme law of the land.” |
2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
Any bill or law which is in any way
constitutionally improper cannot be supported or enforced until it is amended
to be lawful. This is part and parcel to the Oath of Office. Article VI, Clause 3 "The Senators and Representatives
before mentioned, and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office
or public Trust under the United States." Oklahoma Constitution Article XV, Section 1
(relevant part) “’I, _________, do solemnly swear (or
affirm) that I will support, obey, and defend the Constitution of the United
States, and the Constitution of the State of Oklahoma…’” Article
XV, Section 2 “…any person who shall have been
convicted of having sworn or affirmed falsely, or having violated said oath,
or affirmation, shall be guilty of perjury, and shall be disqualified from
holding any office of trust or profit within the State.” |
3. Must citizens obey unconstitutional laws? |
No |
Note the last phrase Article VI, Clause 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any...Laws of any State to the Contrary notwithstanding. |
4. Does any government in the US have the lawful authority to require licenses? |
None |
Licensing can never lawfully be run by any
government. All licensing schemes begin with a violation
of "due process" by creating complete deprivation of liberty or
property, then "permitting or allowing" the licensee the
"privilege" of doing that which is already theirs by Natural and
lawful Right. Further, punishment is legislated for unlicensed exercise of
the right, even if there is no other improper activity. This violates the "Privileges and
Immunities" clauses of Article 4 and the 14th Amendment. All natural rights are protected by the 5th
& 14th Amendments' Due Process Clauses, and the 9th Amendment. Privileges and Immunities Article IV, Section 2, Clause 1 "The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several
States." Due Process 5th Amendment "No person shall be…deprived of life,
liberty, or property, without due process of law; nor shall private property
be taken for public use, without just compensation." Privileges & Immunities, Due Process,
Equal Protection 14th Amendment "No State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws." Protect Unenumerated Rights 9th Amendment "The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others
retained by the people." Oklahoma Constitution Article II, Section 2 “All
persons have the inherent right to life, liberty, the pursuit of happiness,
and the enjoyment of the gains of their own industry.” Article II, Section 7 “No
person shall be deprived of life, liberty, or property, without due process
of law.” |
5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
It is self evident
truth that an unborn child is a human life, a person. This person has just
not yet been born. Under our Constitution, the rights of every person to
Life, Liberty, and Property must be protected, not deprived or allowed to be deprived them, especially by statute. The Right to Life
is paramount. It is a lawless,
murderous people which allows its most vulnerable to be murdered by those
supernaturally entrusted to be the guardians of their rights. It is worse yet
when government not only allows, but funds (via illegal taxation) the
murders. 5th Amendment "No person shall be…deprived of life,
liberty, or property, without due process of law..." 14th Amendment "No State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws." Oklahoma Constitution Article II, Section 2 “All
persons have the inherent right to life, liberty, the pursuit of happiness,
and the enjoyment of the gains of their own industry.” Article
II, Section 7 “No
person shall be deprived of life, liberty, or property, without due process
of law.” |
6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
We realized by some of the answers that we
should have said “…make rules that are binding on the public…” This is a learning process, for us as well
as the candidates. Please consider this when you judge the responses. The mark of a republican form of government
is elected representation for lawmaking by a legislative body. Article 4 of
the US Constitution requires a republican form of government (reference
below). Under this system, only the Congress or state legislature may make
rules which bind citizens, ie: legislate. No other
branch has been, or may be, granted such authority. As the United States is a
government of enumerated authority, any power not specifically granted cannot
be exercised, even if delegated by the authorized branch. Of course, an executive may make rules for
their branch of government, as long as the rules are
themselves constitutional. For instance, an executive may direct policy via
rules. But, such rules may not violate the
Constitution. They may not set, or require that employees execute,
unconstitutional or otherwise illegal policies. Nor may the rules violate the
individual rights of employees. The judiciary certainly may not "create
law." Sadly, Oklahoma’s Constitution violates the
US Constitution in this regard, allowing constitutional “exceptions” to the
clear republican separation of powers. Republican form of Government Article IV, Section 4 “The
United States shall guarantee to every State in this Union a Republican Form
of Government” Legislation exclusive to Congress Article 1, Section 1 "All legislative Powers herein granted
shall be vested in a Congress of the United States, which shall consist of a
Senate and House of Representatives." Oklahoma Constitution, Article VI "The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others." |
7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
Government
is subordinate to the people, even though they create laws to which people
must submit. Laws must recognize the sovereignty of the individual over their
own affairs. Laws have limits. Every person is individually sovereign over
themselves and has sole authority to decide for themselves (ie: liberty) how they react to any situation. The
responsibility for choices is wholly upon the individual who makes those
choices. They may not be punished, have their security threatened, or
deprived of their liberty to decide for themselves. Yet, the rights of others
are the limit to what may be chosen. Mandates,
though, remove the decision making from the individual to the government. All
such dictates, even if motivated by apparently good and/or
"reasonable" motives are truly un-reasonable since they are
improper. People are free to exercise their liberty especially when personal
decisions cannot be proved to violate the rights of others. "Nanny
State" dictates violate the protections of the 4th, 5th, 9th and
14th Amendments. 4th
Amendment "The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized." 5th
Amendment (relevant part) "No
person shall...be deprived of life, liberty, or property, without due process
of law..." 9th Amendment The
enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people. 14th
Amendment, Section 1 "No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws." |
8. Which of the following are
lawful acts of government? Choose as many as apply. |
Government
has no authority to legislatively prohibit any thing or any activity which
does not violate the rights of others. Prohibitions are the very deprivations
which the due process clauses of the 5th and 14th Amendments disallow any
government from legislating into law. Regulations must keep the public safe,
and address only the means to protect lives, property and liberty when equal
rights may meet, but never prohibit the actions or property being regulated.
(e.g., the basic rules of the road, which protect the right to drive, but
make it safe for all when the rules are followed) Further,
the first three prohibitions are protected as rightful activity and property.
Although they are unmentioned in the Constitution, they are protected by the
9th Amendment 9th
Amendment. "The
enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people." Alcohol
is covered by the 9th, as well as the 21st Amendment, which overturned the
prohibition of the 18th Amendment. Guns and
accessories are specifically enumerated under "arms" in the 2nd
Amendment, as well as property in the 5th and 14th. "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear Arms,
shall not be infringed." |
|
FEDERAL TOPICS State from the US Constitution whether each of the following are
lawful or unlawful powers of the federal government: |
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9. Food Stamps |
Unlawful |
The
United States is a government of enumerated authority, any authority not granted the federal government cannot be exercised
(10th Amendment). As noble as the program may seem, the federal government
has never been granted authority to run any charity program. Quite the
opposite is the case. The lack of any hint of authorization is sufficient
proof. Further,
the decisions about whether one gives to charity and the choice of which
charitable organizations should receive gifts are the exclusive province of
the giver. The "Due Process" clause and, even more, the
"Takings Clause" of the 5th Amendment preclude any government from
taxing to pay for such a program. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.” 5th
Amendment (relevant part) "No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." |
10. Border Security |
Lawful |
Article 1, Section 8, Clauses 1, 3,
15 “The Congress shall have Power To lay and collect…Duties, Imposts…to pay the Debts and provide for the common Defence and general Welfare of the United States…;” “To regulate Commerce with foreign Nations…;” “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” Article IV, Section 4 “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…” |
11. Social Security |
Unlawful |
The
United States is a government of enumerated authority, any authority not
granted cannot be exercised (10th Amendment). As noble as the program may
seem, the federal government has never been granted authority to run any such
insurance, retirement, or benefits program. This was true in 1935 when the
program was purely voluntary. Now, the
program has added to the above constitutional violation by forcing
participation and payment. This violates the "Due Process" clause
and, even more, the "Takings Clause" of the 5th Amendment preclude
any government from taxing to pay for such a program. In addition, it
enslaves citizens by forcing them to pay, whether they wish to be in the
program or not. This violates the 13th Amendment. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” |
12. Standing Army |
Unlawful |
We admit
that we could have used a different term than Standing Army. The idea was a
permanent army. This term is not used in the Constitution but was widely used
by our Founders, who lived through a standing British army which ruled
tyrannically. We may constitutionally have a standing navy. What we were endeavoring to discover was
who knew of the following clause, Article
1, Section 8, Clause 12 "The
Congress shall have power...To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years" Note the
contrast to the next clause regarding the navy, " The Congress shall have power...To provide and maintain a Navy" |
13. Medicare |
Unlawful |
The
United States is a government of enumerated authority, any authority not
granted cannot be exercised (10th Amendment). As noble as the program may
seem, the federal government has never been granted authority to run any such
insurance, health, or benefits program. Quite the opposite is the case. Further,
the "Due Process" clause and, even more, the "Takings
Clause" of the 5th Amendment preclude any government from taxing to pay
for such a program. In addition, it enslaves citizens to pay, whether they
participate in the program or not, violating the 13th Amendment. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” |
14. Medicaid |
Unlawful |
The
United States is a government of enumerated authority, any authority not
granted cannot be exercised (10th Amendment). As noble as the program may
seem, the federal government has never been granted authority to run any such
insurance, health, or benefits program. Quite the opposite is the case. Further,
the "Due Process" clause and, even more, the "Takings
Clause" of the 5th Amendment preclude any government from taxing to pay
for such a program. In addition, it enslaves citizens to pay, whether they participate
or not, violating the 13th Amendment. Also,
for state participation in the program, see our answer to Question 21 below. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” |
15. Public Education |
Unlawful |
The
United States is a government of enumerated authority, any authority not
granted cannot be exercised (10th Amendment). As noble as the program may
seem, the federal government has never been granted authority to run any
education program. Quite the opposite is the case. Further,
the "Due Process" clause and, even more, the "Takings
Clause" of the 5th Amendment preclude any government from taxing to pay
for such a program. In addition, compelling charity enslaves citizens to pay,
whether they have school children or not, violating the 13th
Amendment. Also,
for state participation in the program, see our answer to Question 21 below. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” |
16. Farm Subsidies |
Unlawful |
The
United States is a government of enumerated authority, any authority not
granted cannot be exercised (10th Amendment). As noble as the program may
seem, the federal government has never been granted authority to control
agriculture, especially to take from the people to pay farmers for anything,
especially to not farm. Quite the opposite is the case. Further,
the "Due Process" clause and, even more, the "Takings
Clause" of the 5th Amendment preclude any government from taxing to pay
for such a program. In addition, it enslaves citizens to pay, whether they
are farmers or not, violating the 13th Amendment. 10th
Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” |
17. Levy taxes |
Lawful |
Government
has authority to tax to fund its legitimate operation, but nothing else. Please
note the operative word “proper” in Clause 18 below. Originally,
taxation by the federal government was limited. It expanded greatly upon
passage of the 16th Amendment, which many believe should be
repealed. Article
1, Section 8, Clause 1 “The
Congress shall have Power To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defence
and general Welfare of the United States; but all Duties, Imposts and Excises
shall be uniform throughout the United States;” Article
1, Section 8, Clause 18 (note the operative word “proper”) ”The Congress shall have Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” 16th Amendment The Congress
shall have power to lay and collect taxes on incomes, from whatever source
derived, without apportionment among the several States, and without regard
to any census or enumeration. |
18. Industry Subsidies |
Unlawful |
As above, this is again a power not granted
and therefore cannot be exercised (10th Amendment). As noble as the program
may seem, the federal government has never been granted authority to run any
such industry or corporate benefits program. Quite the opposite is the case. The "Due Process" clause and, even
more, the "Takings Clause" of the 5th Amendment preclude any
government from taxing to pay for such a program. People may not be enslaved
to pay money to go to others, for any reason. Finally, this is a breach of
the Privileges and Immunities clauses, as only a few receive the subsidies or
tax breaks. The remainder of businesses pay a higher tax bill to pay for
those receiving the tax breaks or subsidies. 10th Amendment “The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.” 5th
Amendment (relevant part) "No
person shall…be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without just
compensation." 13th
Amendment “Neither
slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.” Article
IV, Section 2, Clause 1 “The
Citizens of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States.” |
19. Immigration |
Lawful |
Since 1808 lawmaking regarding immigration
has been under the constitutional authority of the federal government. Article 1, Section 9, Clause 1 (relevant
part) “The
Migration or Importation of such Persons as any of the States now existing
shall think proper to admit, shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight…” Further,
Article
I, Section 8, Clause 4 grants “The Congress shall have power…To establish an uniform Rule of Naturalization…” |
STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
||
20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
The US Constitution, including the Bill of
Rights, is Supreme (Article VI). States may not violate rights. States may
not enact or enforce laws or programs specifically prohibited them by the US
Constitution (10th Amendment). The Constitution has definite
prohibitions for the states. While we will not be specific here, the majority of these prohibitions may be found in Article
I, Section 10; Article IV; and the 14th Amendment. 10th Amendment “The
powers not delegated to the United States by the Constitution, nor prohibited
by it to the States…” Sadly, state constitutions and statutes are replete with provisions which contravene the US Constitution. |
21. Is it lawful for states to
participate in federal programs that are either not authorized by the US
Constitution or are prohibited by it? |
Unlawful |
As explained above, the United States is a
government of enumerated powers. Programs which are not authorized or are
prohibited cannot lawfully exist. Therefore, participation is obviously a
usurpation of power. It is also a violation of the Oath of Office for each
official who is complicit. No individual, let alone state or local
government, may participate in an illegal program. More especially those
entrusted to ensure that the law is followed must be under a stricter
judgment for such participation. The Oath of Office is perhaps the most
sacred obligation in our state and nation. Its keeping is the key to lawful
governance. Article
VI, Clause 3 “The
Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or
Affirmation, to support this Constitution; but no religious Test shall ever
be required as a Qualification to any Office or public Trust under the United
States.” Oklahoma
Constitution, Article
XV, Section 1 (relevant part) “’I, _________, do solemnly swear (or
affirm) that I will support, obey, and defend the Constitution of the United
States, and the Constitution of the State of Oklahoma…’” |
22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Unlawful |
See our answer to Question 4 about
government licensing. Licensing takes many forms, including tags/license
plates, but all end in the same result, the criminalization of natural
rights, punishment for otherwise lawful exercise of said rights, extortion,
deprivation of liberty or property by legislation and not because of due
process of law for abuse of liberty. Compulsory insurance is another
unconstitutional scheme. It seems valid, but deprivation before having done
anything to deserve said deprivation or due process is again the scheme. In
addition, compulsory purchase of insurance is another problem. While the mindset behind compulsory
insurance is tort, that those who may be the cause of accidental damage are
always obligated to pay. The problem is that the rich who can afford the
insurance are permitted to drive, while the others who may never have an accident
are declared to be criminals for exercising their right to drive. But it
unlawfully harms the poorest. Constitutional propriety requires thinking
outside of the decades old box. Insurance is to pay for mishaps which happen
to the insured. Constitutionally, one may not be forced to insure others on
the road. Government has no authority to dictate purchases. Additionally, no
one may be deprived of their liberty because they cannot afford an improper, artificial
requirement. It follows that with licensing being
unlawful, its enforcement is unlawful. |
23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
Again, we could have been clearer in our question. We were especially concerned about municipalities who wish to control the “image” of their cities, and therefore will legislatively disallow businesses which do not fit their “image.” But, as we have repeated above, governments may not legislatively violate the due process clause (5th and 14th Amendments and deprive citizens of their right to engage in a rightful business of their choice. |
24. May states make agreements or
compacts with other states or foreign powers? |
Yes, but only with consent of Congress |
Article 1, Section 10, last Clause (relevant
part) “No State shall, without the Consent of Congress,… enter into any Agreement or Compact with another State, or with a foreign Power…” |