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
  • St. Louis Post-Dispatch: Why poverty across the world matters to Americans

    A child starving in South Sudan should matter to Americans. That was the message delivered last week by Nancy Lindborg, whose job at the U.S. Agency for International Development is to lead a federal bureau spreading democracy and humanitarian assistance across the world.
    That world has reached a critical danger zone, with three high-level crises combining military conflict with humanitarian catastrophes affecting millions of innocents in Syria, the South Sudan and the Central African Republic.
    But back to that child.

    April 18, 2014

  • Government leadership complicit in overfilling prisons

    One of the thorniest problems facing any society is the question of what to do with transgressors. Obviously, the more complicated a culture becomes, the more factors come into play in trying to figure out what to do with those who choose not to “play by the rules.”

    April 18, 2014

  • My best days are ones normal people take for granted

    It is a weekend for working around the house. My fiancee, Erin, and I have the baby’s room to paint and some IKEA furniture to assemble. I roll out of bed early — 10:30 — and get into my wheelchair. Erin is already making coffee in the kitchen.
    “I started the first wall,” she says. “I love that gray.” Erin never bugs me about sleeping late. For a few months after I was injured in the Boston Marathon bombings, I often slept 15 hours a day. The doctors said my body needed to heal. It must still be healing because I hardly ever see 8 a.m. anymore.

    April 18, 2014

  • Instead of mothballing Navy ships, give them to our allies

    A bitter debate has raged in the Pentagon for several months about the wisdom of taking the nuclear aircraft carrier George Washington out of service to save money. The Washington, at 24 years old a relatively young vessel, is due for a costly refit, a routine procedure that all of the 11 large carriers in service undergo regularly.

    April 18, 2014

  • The pessimist’s guide to grizzly bears and Earth Day

    This coming Friday, to “celebrate Earth Day,” the Walt Disney Co. will release one of those cutesy, fun-for-all-ages, nature documentaries. “Bears” is about grizzly bears.
    The trailer says, “From DisneyNature comes a story that all parents share. About the love, the joy, the struggle and the strength it takes to raise a family.”
    Talk about your misguided “Hollywood values.” I previously have acknowledged a morbid, unreasonable fear of grizzly bears, stemming from a youth misspent reading grisly grizzly-attack articles in Readers Digest. This fear is only morbid and unreasonable because I live about 1,500 miles from the nearest wild grizzly bear. Still. ...

    April 16, 2014

  • Digging out of the CIA-Senate quagmire

    Last week, the Senate Intelligence Committee, led by Sen. Dianne Feinstein, D-Calif., voted to declassify parts of its report on the CIA’s rendition, detention and interrogation program. The White House, the CIA and the Senate still have to negotiate which portions of the report will be redacted before it is made public. But this is an important step in resolving the ugly dispute that has erupted between the intelligence committee and the intelligence agency.
    The dispute presents two very serious questions. Was the program consistent with American values and did it produce valuable intelligence? And is effective congressional oversight of secret activities possible in our democracy?

    April 15, 2014

  • Los Angeles Times: Congress extend jobless benefits again

    How’s this for irony: Having allowed federal unemployment benefits to run out in December, some lawmakers are balking at a bill to renew them retroactively because it might be hard to figure out who should receive them. Congress made this task far harder than it should have been, but the technical challenges aren’t insurmountable. Lawmakers should restore the benefits now and leave them in place until the unemployment rate reaches a more reasonable level.

    April 14, 2014

  • Many nations invested in Israel

    Former Israeli Ambassador to the United States Yoram Ettinger recently spoke to a gathering at the Chabad Center for Jewish Life and Learning in Oklahoma City. The event began with a presentation by Rabbi Ovadia Goldman, who told the attendee that the  upcoming Jewish holiday of Passover was an occasion for them to embrace the children of God, which is all of humanity.

    April 14, 2014

  • Coming soon: More ways to get to know your doctor

    Last week, the federal government released a massive database capable of providing patients with much more information about their doctors.
    The Centers for Medicare and Medicaid Services, the government agency that runs Medicare, is posting on its website detailed information about how many visits and procedures individual health professionals billed the program for in 2012, and how much they were paid.
    This new trove of data, which covers 880,000 health professionals, adds to a growing body of information available to patients who don’t want to leave choosing a doctor to chance. But to put that information to good use, consumers need to be aware of what is available, what’s missing and how to interpret it.

    April 14, 2014

  • HEY HINK: Hateful bullies attempt to muffle free speech

    Hopefully we agree it should be a fundamental right to voice criticism of any religion you wish. And you should have the right to sing the praises of any religion you choose. If criticism of religion is unjust, feel free to make your best argument to prove it. If criticism is just, don’t be afraid to acknowledge and embrace it. If songs of praise are merited, feel free to join in. If not, feel free to ignore them. But no American should participate in curbing free speech just because expression of religious views makes someone uncomfortable.

    April 11, 2014

Poll

Do you agree with a state budget proposal that takes some funds away from road and bridge projects to ramp up education funding by $29.85 million per year until schools are receiving $600 million more a year than they are now? In years in which 1 percent revenue growth does not occur in the general fund, the transfer would not take place.

Agree
Disagree
Undecided
     View Results