The Edmond Sun

Opinion

September 28, 2013

Don’t remain silent where state’s rights are concerned

EDMOND — Legislation to educate, inform and protect Oklahoma citizens and businesses against unconstitutional federal government intrusion is an important step for the state of Oklahoma. An interim study is scheduled for Oct. 30 to look at some of the concerns and actions we can take as a sovereign state.

In conjunction with our Oklahoma U.S. Senators, Congressman James Lankford, the state Attorney General’s office, the state Insurance Commissioner, the governor’s office and the Speaker of the House along with the state Senate we can coordinate a united front where state sovereignty issues are in jeopardy.

We plan to have the above officials or their representatives at the interim study to determine a united, coordinated response to unconstitutional federal government overreach.

One of the concerns addressed will be the Affordable Care Act vs. the Oklahoma Constitution and the 2010 referendum vote of the people of Oklahoma. By almost 70 percent, the people of Oklahoma voted to protect our state from the damaging affects to our liberty and economy by the individual mandate provision of the Affordable Care Act.

Who has the final authority in where there is a conflict between the State and Federal government? In short, the state is supreme where the U.S. Constitution does not give the power to the federal government.”

Supremacy relates to which governing entity has ultimate authority if rules or rights are in conflict. Supremacy is often referred to by lawyers and government officials only as the federal government having unlimited authority over states and all other subdivisions. However, according to even recent opinions of the U.S. Supreme Court, supremacy is not a one-way street!

In the relatively recent Mack-Prinz v. U.S. decision, the U.S. Supreme Court declared, “The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres; to the general authority than the general authority is subject of them, within its own sphere.”  

In this case the Supreme Court got it right, quoting verbatim Federalist Papers No. 39. The High Court went on to say this separation of the two spheres is one of the Constitution’s structural protections of liberty. Further elaborating, by quoting Federalist Papers No. 51 that “just as the separation and independence of the coordinate branches of the federal government serve to prevent the accumulation of excess power in any one branch, a healthy balance of power between the states and the federal government will reduce the risk of Tyranny and abuse from either front. Hence a double security arises to the rights of the people the different governments will control each other at the same time that each will be controlled by itself.”

The sad thing is that this had to even go to the U.S. Supreme Court. Our U.S. senators and representatives as well as the executive branch should have recognized that this is not constitutional and stopped it dead in its tracks. The U.S. Senate’s primary purpose is to protect states’ rights. It didn’t happen in this case. Instead we have a constitutional crisis that each state will now have to contend with. It is forcing our state elected officials to exercise our states’ supremacy, concerning this issue, which probably isn’t a bad thing.

We are either going to come out of this a stronger state, having protected individual liberty or we will know that we are no longer free as citizens but rather subjects, required to submit to a central government that can control much of what we do in our daily lives. Nothing will be left unmonitored. Your movement by car and plane, your phone calls, your Internet, your children’s education, your choice of information sources, your job, college loans, mortgages, health care, retirement, taxes, tax preparation, energy use, food choices and more will be affected by a federal government that exceeds their rightful boundaries. If we are ever going to reset our constitutional boundaries the time is now.

There is hope. We have concerned elected officials who are highly motivated to make something happen in the defense of our state. There is a remedy and it has always been right there in front of us. Knowledge is power and silence is consent.

 

REP. LEWIS MOORE, R-Edmond, is committee chairman of the States’ Rights (Federalism) Committee of the Oklahoma House of Representatives.

1
Text Only
Opinion
  • Sheltons travel for better life for family

    Some time around 1865 a mixed-race African American couple, William and Mary Shelton, made their way from Mississippi to east Texas. Nothing is known for certain of their origins in he Magnolia state, or the circumstances under which they began their new lives in Texas.

    July 29, 2014

  • Film critic Turan produces book

    Kenneth Turan, who is the film critic for National Public Radio’s “Morning Edition,” has written a book “Not to be Missed, Fifty-Four Favorites from a Life Time of Film.” His list of movies span the gamut from the beginnings of filmmaking through the present day.
    There are some surprising omissions on his list. While he includes two films, “A Touch of Evil” and Chimes at Midnight” made by Orson Welles, and one, “The Third Man,” that Welles starred in but did not direct. He did not however, include “Citizen Kane,” that was the first movie Welles made, that is  often cited by both film critics and historians as a favorite film.

    July 28, 2014

  • Logan County’s disputed zone

    Watchers of “Star Trek” may recall the episode from the original series entitled, “Day of the Dove.” In this episode, Captain Kirk and his crew are forced by a series of circumstances into a confrontation with the Klingons. The conflict eventually resolves after Kirk realizes that the circumstances have been intentionally designed by an alien force which feeds off negative emotions, especially fear and anger. Kirk and his crew communicate this fact to the Klingons and the conflict subsides. No longer feeding upon confrontation, the alien force is weakened and successfully driven away.

    July 28, 2014

  • Russell leads in Sun poll

    Polling results of an unscientific poll at www.edmondsun.com show that Steve Russell, GOP candidate for the 5th District congressional seat, is in the lead with 57 percent of the vote ahead of the Aug. 26 runoff election. Thirty readers participated in the online poll.

    July 28, 2014

  • Healthier and Wealthier? Not in Oklahoma

    Increased copays, decreased coverage, diminished health care access, reduced provider budgets and increased frustration are all the outcomes of the Legislature’s 2014 health care funding decisions. Unlike some years in the past when a languishing state economy forced legislators into making cuts, the undesirable outcomes this year could easily have been avoided.

    July 26, 2014

  • Medicaid reform a necessity

    Historically, education spending by the state of Oklahoma has been the largest budget item. This is no longer the case. In recent years, the state of Oklahoma spends more on Medicaid (operated by the Oklahoma Health Care Authority) than common education and higher education combined, according to the state’s Comprehensive Annual Financial Report.

    July 25, 2014

  • Remembering lessons from 1974

    This week marks the 40th anniversary of an important milestone in America’s constitutional history. On July 24, 1974, the Supreme Court voted 8-0 to order the Nixon White House to turn over audiotapes that would prove the president and his close aides were guilty of criminal violations. This ruling established with crystal clarity that the executive branch could not hide behind the shield of executive privilege to protect itself from the consequences of illegal behavior. It was a triumph for the continued vitality of our constitutional form of government.

    July 25, 2014

  • RedBlueAmerica: Is parenting being criminalized in America?

    Debra Harrell was arrested recently after the McDonald’s employee let her daughter spend the day playing in a nearby park while she worked her shift. The South Carolina woman says her daughter had a cell phone in case of danger, and critics say that children once were given the independence to spend a few unsupervised hours in a park.
    Is it a crime to parent “free-range” kids? Does Harrell deserve her problems? Joel Mathis and Ben Boychuk, the RedBlueAmerica columnists, debate the issue.

    July 24, 2014

  • Technology that will stimulate journalism’s future is now here

    To say technology has changed the newspaper media industry is understating the obvious. While much discussion focuses on how we read the news, technology is changing the way we report the news. The image of a reporter showing up to a scene with a pen and a pad is iconic but lost to the vestiges of time.
    I am asked frequently about the future of newspapers and, in particular, what does a successful future look like. For journalists, to be successful is to command multiple technologies and share news with readers in new and exciting ways.

    July 23, 2014

  • New Orleans features its own “Running of the Bulls”

    On July12, the streets of the Warehouse District of New Orleans were filled with thousands of young men who were seeking to avoid being hit with plastic bats wielded by women on roller skates as part of the annual “Running of the Bulls” that takes place in New Orleans.
    The event is based on the “Running of the Bulls” that occurs in Pamplona, Spain, that is  part of an annual occurrence in which a group of bulls rampage through the streets of Pamplona while men run from them to avoid being gored by their sharp horns. That event was introduced to the English-speaking world by Ernest Hemingway, who included scenes from it in his critically acclaimed 1926 novel “The Sun also Rises.”

    July 22, 2014

Poll

The runoff race for the 5th District congressional seat is set for Aug. 26. If the voting were today, which candidate would you support?

Al McAffrey
Tom Guild
Undecided
     View Results