Oklahoma Candidate Questionnaire Responses - 2024
We at Constitutional Grounds wish to thank the candidates who responded and everyone who studies their answers. Your concern for the rule of law is encouraging. We fully acknowledge that public concern for proper constitutional principles has not been strong, taught, or promoted for generations. We appreciate those who endeavor to restore it.
We continually say that supporting, obeying, and defending the US and OK Constitutions is key. It is paramount to the Oath of Office and performance of governmental duties. We encourage all readers to examine the answers and see the differences, the different takes on the questions, as well as who has a grasp of the various issues. We also encourage you to reach out to us with your comments.
This year we did not send all the invitation emails that we did two years ago. Therefore, our response was dismal. None-the-less, we appreciate the candidates who did respond. Some candidates who are running now filled out our questionnaire then. We have both pages published, so look to see if your district's candidates have ever expressed an interest to be lawful in the office they pursue. The first survey results may be found here.
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 on basic civics.
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.
This year we did not send all the invitation emails that we did two years ago. Therefore, our response was dismal. None-the-less, we appreciate the candidates who did respond. Some candidates who are running now filled out our questionnaire then. We have both pages published, so look to see if your district's candidates have ever expressed an interest to be lawful in the office they pursue. The first survey results may be found here.
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 on basic civics.
Quick Links
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Federal Races
None |
Oklahoma State Races
Oklahoma Senate Tim Brooks - District 33 Oklahoma House of Representatives Jennifer Stevens - District 79 |
County Races
None |
Oklahoma State Senate
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TIM |
BROOKS |
Republican |
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DISTRICT NO. 33 |
STATE SENATE |
Tulsa County |
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Question |
Answer |
Constitutional Support |
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1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
The Preamble |
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2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
In addition, I will work to remove such "laws." |
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3. Must citizens obey unconstitutional laws? |
No |
No |
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4. Does any government in the US have the lawful authority to require licenses? |
None |
A “license” is permission granted by a qualified authority permitting a licensee to do something that would otherwise be prohibited. This makes the grantor owner of all things licensed, and that ownership is not granted to the Federal or state governments. |
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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. |
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6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
Yes |
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. |
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7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
No, only to issue laws. |
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8. Which of the following are
lawful acts of government? Choose as many as apply. |
Each of these go against the bill
of rights or article 1, section 9 on commerce. |
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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 |
This is not granted to Congress by Article 1, section 8. |
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10. Border Security |
Lawful |
Article 1, section 8: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; |
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11. Social Security |
Unlawful |
This is not granted to Congress by Article 1, section 8. |
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12. Standing Army |
Lawful |
Article 1, section 8: To provide and maintain a Navy; |
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13. Medicare |
Unlawful |
This is not granted to Congress by Article 1, section 8. |
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14. Medicaid |
Unlawful |
This is not granted to Congress by Article 1, section 8. |
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15. Public Education |
Unlawful |
This was a court misinterpretation of the 14th amendment on due process. |
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16. Farm Subsidies |
Unlawful |
This is not granted to Congress by Article 1, section 8. |
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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; |
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18. Industry Subsidies |
Unlawful |
Article 1, section 8: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; |
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19. Immigration |
Lawful |
Article 6 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land |
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STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
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20. If the State constitution or
statutes authorize a program that the US Constitution prohibits the states
from enacting, is the program Lawful or Unlawful |
Unlawful |
Article 6 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land |
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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 |
This makes one complicit. |
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22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Unlawful |
Civil asset forfeiture is unconstitutional. |
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23.
Is it lawful or unlawful for municipalities to prohibit certain
business types from operating in their town? |
Unlawful |
Government is to protect rights, not limit individuals or businesses from exercising them (including the right to exist and engage in commerce).. |
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24. May states make agreements or
compacts with other states or foreign powers? |
No |
Article 1, Section 9: No State shall enter into any Treaty, Alliance, or Confederation |
Oklahoma State House
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STEVENS |
JENNIFER |
Republican |
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DISTRICT NO. 79 |
OK HOUSE OF REPRESENTATIVES |
Tulsa County |
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Question |
Answer |
Constitutional Support |
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1. Is the US Constitution a binding legal document, or strictly an historic one? |
Both |
It is the most significant, important and critical document for our country. |
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2. Will you propose, support, vote for, or enforce a bill or law which is constitutionally improper? |
No |
We have far too many legislators willing to violate the constitution or the rights that it ensures the American people. We frequently see the 2nd Amendment being stripped apart, cherry-picked and white-washed in order to fit a narrative for a given situation. |
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3. Must citizens obey unconstitutional laws? |
No |
On the face of it, No. However, that depends on how deep your pockets are, how long you can fight and your attorney as well. What we know to be unconstitutional and what a judge's interpretation of the same are often a bit murky. |
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4. Does any government in the US have the lawful authority to require licenses? |
State & Local governments only |
The 10th Amendment grants the states the authority over professional licensure. |
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5. Are unborn children entitled to the same protections as those already born? |
Yes, from conception |
Article 4 states every person has the right to have their life respected, that includes from the moment of conception. |
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6. Are non-legislative branches of
government authorized to make rules that are binding in the same manner as
laws? |
No |
Congress is the only branch of government with the authority to enact new law or change existing law. |
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7. Is any government authorized to
issue mandates, edicts, or dictates? (e.g.: natural disaster evacuation
orders, vaccine mandates, mask mandates) |
No |
However, seven states currently have vaccine booster mandates.... |
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8. Which of the following are
lawful acts of government? Choose as many as apply. |
If we want or desire to be big fat
slobs, that is our personal choice. No one should have the right to dictate
what size soda we are allowed to purchase or prohibit or limit our first
amendment rights, strip us of our 2nd amendment freedoms (as they so often
seek to do!) Free will, our right to make our own decisions and learn from
our own mistakes. |
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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 |
Put into law in 1964, there is not constitutional law that supports this. They generally eat better than everyone else! |
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10. Border Security |
Lawful |
The government has an obligation to protect its citizens from invasion, currently we are being invaded, yet our government is aiding in the foreign invasion. Keeping our border secure from breech of foreign invasion, terroristic threats and invaders is a fundamental role of which they are failing miserably. |
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11. Social Security |
Lawful |
According to the Supreme Court, in 1935, they deemed Social Security constitutional under the "reserve clause." |
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12. Standing Army |
Lawful |
While the Founder's had some debate on this issue, and not all were in agreement, ultimately, they decided funding would be a 2 year rotational program. |
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13. Medicare |
Lawful |
no litigant has challenged the constitutionality of Medicare. The Constitution specifically authorizes congress to tax and spend for the welfare of the people. |
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14. Medicaid |
Unlawful |
The constitution does not set forth any right to have healthcare. |
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15. Public Education |
Lawful |
14th Amendment provides equal protection clause and right for individuals to have access to public education |
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16. Farm Subsidies |
Unlawful |
Farmers are a vital part of our culture, however, subsidizing them, and not offering equal subsidy for other small business who need access to capital is not acceptable. We can't justify shelling out money for one industry and not others. |
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17. Levy taxes |
Lawful |
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 |
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18. Industry Subsidies |
Unlawful |
There is no law against. Government looks at it like it is just the cost of doing business. |
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19. Immigration |
Unlawful |
HR2 |
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STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
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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 |
States can nullify some federal laws |
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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 |
I don't really see how they are enforceable |
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22. Are statutes calling for police
to impound automobiles for no driver's license, tag, and/or insurance lawful
or unlawful? |
Lawful |
There is not a state in the country in which you can legally drive without a license, have your car be untagged, or uninsured and it be acceptable or it not be a violation of the law. |
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23. Is it lawful or unlawful for
municipalities to prohibit certain business types from operating in their
town? |
Unlawful |
It is unlawful to prohibit someone from operating a legal business in your town. |
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24. May states make agreements or
compacts with other states or foreign powers? |
Yes, but only with consent of Congress |
Only with the expressed consent of Congress |
Constitutional Grounds Answers
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CONSTITUTIONAL |
GROUNDS |
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Our answers shall necessarily be longer than most
candidates, as we quote citations and explain the reasoning behind each
answer. |
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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.” |
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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.” |
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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. |
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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.” |
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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.” |
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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." |
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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." |
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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." |
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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." |
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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…” |
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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.” |
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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" |
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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.” |
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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.” |
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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.” |
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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.” |
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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. |
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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.” |
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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…” |
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STATE & LOCAL TOPICS Cite from the US and/or Oklahoma Constitution whether each of
the following are lawful or unlawful powers of state government: |
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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. |
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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…’” |
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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. |
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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. |
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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…” |