Sunday, April 5, 2009

How does your State's Constitution stack up?

Have you read your state's Constitution?

I have....I figure, with the crap that goes on in Washington....the way those boobs ignore We The People, I am going to try to reach my local ole boys and have them yank Washington's chain. I figure, if the States tell Washington a thing or two, they are more apt to listen...

So I started with my State's Constitution. I found a few interesting things.... no, amend that...I found some downright AWESOME things...

First, right off the bat, the State's Preamble invokes The Almighty God - right on! If ever we needed the Almighty, I am thinking the time is coming, if not already in our laps.

Our 1st Article states that the Supreme law of the land is the U.S. Constitution. Yeah baby as well as stating that Education in the State of Oklahoma will be taught in English.

The Bill of Rights in Oklahoma has a great phrase in addition to "life, liberty and the pursuit of happiness" but also states "and the enjoyment of the gains of their own industry." I am thinking that the State of Oklahoma is letting the Feds walk all over my right to the gains of my own industry - how about yall - feeling walked on?

In regards to Habeas Corpus (which we all know has been suspended at certain times) our Constitution states:

Habeas corpus ‑ Suspension.
The privilege of the writ of habeas corpus shall never be suspended by the authorities of this State.

I know it says "this State" and so all yall pessimists would say that the Feds will just suspend it....well, if they do, a huge prob would arise in this here State.


Bearing arms ‑ Carrying weapons.
The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons.

We have Conceal Carry here, but it seems that Civil Authorities can ask Citizens, no command Citizens, to participate in an armed excursion....Interesting. I wonder if it has ever been used - that may be a blog post after some research.... Man, that would be a conversation I would love to hear....Sir, can you shoot this bad guy for me :)

This sucks (The "Federal Part"):

Supreme law of land.
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.

Since they drafted this Constitution in 1906, post-Civil War and the establishment of Oklahoma was requested by Congress, I understand why this language is in there.... Luckily for us, we change our Constitution fairly regularly....we passed Term Limits for our State people, Marriage for a man/woman and that we wouldnt recognize any other State's license if its different than this description as well as a couple of others since I came to this State in 1988, so overturning this one should be easy enough if people are so moved....

The State of Oklahoma also is the only State whose Constitution protects the parents' right to homeschool their child. It seems that one of the delegates to the Constitutional Convention here in Oklahoma had 2 little "fellows" who lived too far from school to walk and so their mother tutored them 4 hours every day. It was his suggestion in regards to the language of the Article that was adopted.

Section 4, Article 13 states the State "shall" provide education compulsory attendance at some public or other school, unless other means of education are provided of all children in the State who are sound in mind and body, between the ages of eight and sixteen, for at least three months each year


Bitmap said...

I suspect that "aid of the civil power" was used back when there were still Indians living there (not on a reservation) and law enforcement officers were few and far between. If the sheriff or marshal (or whatever his title was) was chasing some bank robbers or murderers he would probably collect his posse from the locals. People also probably realized that helping out was helping themselves by eliminating a threat. These days government officials have conditioned people to think that only "professionals" should be allowed to help, so it is doubtful that anyone not known to the local chief LEO would be asked to help.

With the chance of liability lawsuits (either from drafted individuals or from licensed LEOs that had to work with them) I think the chance of being required to "aid" the "civil power" is small.

Isn't it funny how the Constitution guarantees the right to keep and bear arms and in the next breath gives the state the power to restrict the right to bear arms?

Brad K. said...

Bitmap, Pearls,

The "support of authority" thing was likely for posses against so-called "civilized" fugitives and criminals. The Indian Territories (the early name for what became Oklahoma) was nasty for the number of gunslingers and murderers that hung out, with few to enforce the law.


There is a difference between what Oklahoma means about 'regulating' - such as, don't wear your gun into the bank, don't brandish it, don't handle a gun recklessly around others or in a drunken fashion, etc. - and what the Brady bunch mean by piecemeal removing the right to bear arms.


I find the language of the Oklahoma Constitution interesting about education in several ways. One is the "sound of mind and body" part. Federal guidelines divert a disproportionate chunk of education money to care for the handicapped, to age 21, including para-professional caregiver training, facilities and appliances, and one-on-one attendants in some cases.

I don't quarrel that the state and federal governments should help in the care of multiple-handicap and other children unable to participate in general classroom activities and studies - but I don't believe schools should consume education dollars to do it.

When I went to school in Iowa, one teacher claimed that "compulsory education" was first adopted to solve a specific problem - voting in a democracy requires that each voter be trained and qualified to understand the issues, and understand the impact of an election. Civics - which requires English and math and science as a foundation. Mr. Burt claimed that "educating children" beyond that is a by-product of the public school system, and remained the responsibility of the parents. That was the reason that most states adopted compulsory education "through the eighth grade or age sixteen, whichever arrives first".

And I still say, every school board should be required to prepare two budgets, one that accepts federal funds and meets federal requirements and guidelines, the other that meets state requirements and local needs without heed to federal "tree hugger" social activism. My expectation is that the non-federal-funded budget would be cheaper and more effective.

No school has to meet federal guidelines and programs - unless they accept federal education funding money.

Bitmap said...

"There is a difference between what Oklahoma means about 'regulating' - . . . and what the Brady bunch mean by piecemeal removing the right to bear arms."

The only difference is degree.

jimbob86 said...

I like Article I. Section-1 of ours (Nebraska)... Right up front!

"All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed."

theotherryan said...

Mine lets me open carry. That makes me happy.