Week 1

It’s been a busy week in the Oklahoma Legislature as we have returned to the Capitol to begin the 2022 Legislative Session. The House Majority Caucus began the week by electing a new Speaker Pro Tempore. Representative Kyle Hilbert was selected by our members to replace Rep O’Donnell who resigned his position in January. 

Governor Stitt and the Oklahoma Senate joined the House for the State of the State address. The Governor laid out his priorities for this session including further regulating the marijuana industry, making citizen interaction with government service providers easier, more education reform including Education Savings Accounts and training students to join the Oklahoma workforce. He stated, “No new taxes, just more taxpayers”. As a proponent of limited government and a representative of the individual Oklahoman, some of his priorities raise concerns. Governor Stitt certainly has been one of the best governors in the country by stating government should let citizens have the freedom to make their own medical decisions. On the other hand, most governors in our country have set the bar very low.

Based on the governor’s priorities, the questions I will be asking pertain to individual liberty and economic freedom:

Marijuana Industry- The explosion of this industry has caused challenges in many areas across the state including around my neighborhood. Employers have been unable to compete with jobs in the marijuana industry. We certainly have many questions about property rights and about foreigners owning Oklahoma property and about the effects of grow houses on surrounding property. As for restricting the number of state-issued grower licenses, history and an understanding of basic economics suggests this will only exacerbate the problem. Will limiting licenses be a successful solution if the demand for the product shows no signs of slowing? More importantly, would deregulating other industries allow for similar economic explosion in Oklahoma?

Government Services- If interacting with government services is burdensome for Oklahoma citizens, is the answer to expand government services to “help” the citizen; or should it be to reduce the licensure and fee requirements so fewer citizens are in “need” of the government?

Education Reform- Governor Stitt would like to reform education in order to train students for the Oklahoma workforce. He said, “No new taxes; just more taxpayers.” I agree wholeheartedly with “no new taxes”; but should we look to students as providers for the state?

If the disruptions before, during and after Governor Stitt’s State of the State address are any indication, this legislative session is going to be wrought with conflict as the struggle between individual liberty and the administrative state comes to a head. The People of this state are demanding a voice in the decisions being made by their Representatives.

COMMITTEE MEETINGS

A few House committees began hearing bills this week. I am vice chairman of State Powers. (Last session, this committee was named States Rights. Chairman Steagall requested the name change to better reflect a Constitutional understanding. After all, States have no rights. People have rights.) This committee typically hears important bills seeking to protect Oklahomans from federal overreach. I will mention a couple.


HB3280 by Rep Humphreys will restrict state and federal governments from owning more than 10% of the property in Oklahoma. As the federal government is collecting more land across the country, it is important to keep Oklahoma land available for private development. According to Rep Humphreys, 7% of land in Oklahoma is currently owned by state and federal government.

HB2973 by Rep Olsen will protect the practice known as “conversion therapy”. This bill makes a distinction between conversion therapy and aversion therapy. Conversion therapy is defined as “change efforts” and aversion therapy is defined as therapy causing pain, such as electroshock or other torture to achieve results. This bill protects “conversion therapy” from being banned. Pastors and counselors have been banned from offering conversion therapy to clients in Norman, OK. This bill will supersede that city ordinance and will protect pastors and counselors across the state who are simply offering requested help.

It is truly a blessing that the legislative process is more deliberative than productive. It may slow a few good bills from making it through the process, but it prevents even more bad bills from becoming law.

In Liberty,

Wendi

The Opposite of Insurrection

I was asked recently by a reporter who called himself a “Democracy/Misinformation Reporter” if I had altered my position from December 2020 when I signed a letter insisting Oklahoma’s Congressional delegation challenge the certification of the electoral votes from states that changed election laws illegally. I remain unchanged. We must all understand and remember what happened if we are to stop fraudulent behavior in future elections.

Today, January 6th, we will no doubt hear somber references to an “Insurrection” perpetrated one year ago. It is worth reflecting that the supposed “insurrection” was by people insisting upon strict adherence to the Constitutional provisions for electing a president!

Article II, Section 1 of the Constitution defines expressly the manner of electing a president. “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors”. The state legislatures appoint electors, who then convene in their respective states to cast ballots for the President and Vice President, as further defined in the Twelfth Amendment. The electors in each state shall sign and certify the number of votes for President and Vice President, and send such lists sealed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted (as on January 6th last.) This is fairly straightforward.

The Constitutional objection last January 6th is that a few Secretaries of State, NOT the state legislatures, altered the manner of choosing electors in these few states, and therefore that altered manner of choosing electors did not satisfy clear Constitutional requirements. The corrective action demanded was that the President of the Senate (Vice President Pence) on January 6th should remand the constested electoral counts BACK to the state legislatures for confirmation.

This, ladies and gentlemen, far from an “insurrection”, is an insistence upon strict Constitutional adherence! An insurrection against the United States is defined, as in Section 3 of the Fourteenth Amendment, as insurrection or rebellion AGAINST the Constitution of the United States. A group insisting on ADHERENCE to the Constitution of the United States is the opposite of insurrection.

For further thought, consider that one can always discern what the Left is up to by listening to what they accuse others of doing. The Left is notably unsubtle that way.

In Liberty,

Wendi

Amendment 14, Sec 3- No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Special Session: Redistricting

I insist on placing truth and transparency in governance above the mere appearance of unity. If House Republicans go into a special session being told that the appearance of a unified front is of utmost importance, we have set the stage for a week of compromise at the expense of the people we are elected to represent. I was not elected to compromise. I was elected to represent the individual Oklahoman and to stand firm on principle.

Oklahoma House Redistricting Voting Record: HB1001– 3 Nays(all Republican)
HB1004– 19(1 Republican) SB1– 1 Nay(Republican)

It was a foregone conclusion that the Democrats would claim gerrymandering in the redistricting process last week. Of course, we can use the map drawn in crayon by preschoolers and the Dems will claim gerrymandering so long as the Republicans are in the majority. I have no evidence to suggest staff was anything but honest and transparent in drawing the new lines.

However, it is troubling for the State of Oklahoma to redraw district lines based on data sent from the United States Census Bureau, without question! For us to do so suggests either an undeserved faith in a federal agency or an unwillingness to press for truth. It should be of primary concern, as is no secret, that the Census did not even require citizenship in its questionnaire and derived data. President Trump was in the attempt to change that when the political coup occurred. How can I approve a map based on counting illegal aliens for the purpose of apportioning representation?

Of further concern is that we can see with our own eyes that a significant population shift is underway in Oklahoma from urban to rural areas. Yet according to the federal census numbers, the urban areas have grown significantly! When I have questioned population changes based on my observations, I have been told that the low rural Census numbers are the fault of rural Oklahomans. Supposedly, rural Oklahomans in D2 gave 50% participation while urban D1 gave 67% participation.

Yet the US Census Bureau reports 99.9% counted in EVERY SINGLE STATE! First, as the purpose of the decennial census is to COUNT numbers of the population, how can the Census Bureau determine when 99.9% have been counted? Something smells fishy! The actual self-participation is much lower. In Oklahoma, it’s 61% participation. So how is nearly half of the data which determines our representation at every level being collected? By talking to neighbors and making assumptions!

If these participation numbers are accurate, then we have a serious problem in our state. Oklahomans are independent-minded supporters of government limited within its proper bounds. Independent-minded Oklahomans likely refuse to answer a census questionnaire that steps outside of its Consititutional responsibility of mere enumeration. Would the Census have higher participation rates among rural Oklahomans if it only collected numbers of people? And would urban population numbers be lower if illegal aliens were not counted along with citizens?

I question Census data for the same reason I question election data. I have a pretty good idea who is involved and what their objective is. I want Oklahoma to get relentlessly to the bottom of it to ensure accurate representation. Thus my NO vote.

In Liberty,

Wendi

Truth Will Prevail

“The most perfidious way of harming a cause consists of defending it deliberately with faulty arguments.”
― Friedrich Nietzsche

https://www.oklahoman.com/story/news/2021/07/30/oklahoma-republicans-blast-gop-covid-vaccine-holocaust-comparison/5438423001/

From the article: “It is irresponsible and wrong to compare an effective vaccine — developed by President Trump’s Operation Warp Speed — to the horrors of the Holocaust,” the Republicans said. “People should have the liberty to choose if they take the vaccine, but we should never compare the unvaccinated to the victims of the Holocaust.”

Good grief that’s a lie! The FB post by John Bennett does not compare “an effective vaccine” to the Nazi star of David! It compares a mandated vaccine PASSPORT to the Nazi star of David!

When you have to alter your opponent’s fundamental argument to oppose it, you are a liar!

Individual Liberty: Health Freedom

I strongly objected to the past year of perpetual Executive Orders infringing upon the liberty of Oklahomans and restricting private businesses. If those elected to government office need only declare an emergency to violate our inalienable rights, then we have no rights recognized by our government. Currently, legislation in the form of orders from the executive branch seems to be an acceptable tool for making law. If we are to use this method of lawmaking, let’s use it to promote rather than to destroy individual liberty.

It is a legitimate function of government to prevent oppression of the human being. As a representative of the citizens of Oklahoma, my primary duty is to defend individual rights against the state. If the rights of private businesses are in conflict with the rights of individual citizens, the citizens come first. If government is not used to protect individual rights, then what is the use of government? I have no problem with government telling businesses they cannot oppress human beings. The rights of individuals must TRUMP ALL.

Week 15

Collinsville homeschool students visited the Capitol having completed a year of studying early American history and the US Constitution

A friend texted me this weekend happy to see all of the good things coming out of the state legislature. I asked her to explain as I am frustrated to see so many bills stalled for one reason or another. She said, “They made Oklahoma a 2nd Amendment sanctuary state, rid our schools of critical race theory, made it so patients can have a person in the hospital with them at all times, and eliminated the outdated 8th grade reading test requirement.”  Wow! This has been a busy session!

It was helpful to hear her encouraging perspective as we face the last few days of this session. Many good bills have made it through the process and to the governor’s desk but there are a few more waiting to be heard.

A budget agreement has been reached between the Governor, the Senate, and the House pending the passage of several measures through both chambers over the next few days.

HB1775 The anti-CRT Bill

Once again, it is so good to be an Oklahoman. Governor Kevin Stitt has signed HB1775. It is now time for the people of this state to be vigilant in order to rid Oklahoma of this evil indoctrination.

This doctrine of race and sex is being taught in schools across the United States and it has infiltrated many areas. We the People have allowed this to happen because we have become lazy and dependent on our state to protect us from all that we feel is wrong.

We are beginning to push back against this indoctrination and there are some courageous people in the state legislature who are diligently working to remove this training from schools across Oklahoma. However, some media outlets have misrepresented this bill.

Here is the meat of the bill:

The provisions of this subsection shall not prohibit the teaching of concepts that align to the Oklahoma Academic Standards.  (History must be taught)

1. No teacher, administrator or other employee of a school district, charter school or virtual charter school shall require or make part of a course the following concepts: 

a.one race or sex is inherently superior to another race or sex,

b.an individual, by virtue of his or her race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously,

c.an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex,

d.members of one race or sex cannot and should not attempt to treat others without respect to race or sex,

e.an individual’s moral character is necessarily determined by his or her race or sex,

f.an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex,

g.any individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race or sex, or

h.meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

Week 14

Over the weekend, we were able to go for a quick ride. Haven’t had much time for flying during session.

“The policy of American government is to leave its citizens free, neither restraining them nor aiding them in their pursuits.” -Thomas Jefferson to M. L’Hommande, 1787

An understanding of the proper role of our unique American government is necessary when considering proposed legislation. Often while sitting on the House floor, I find myself agreeing that a piece of legislation is a “good idea” while deciding that it must be opposed because it is outside our government’s purview.

Of the 897 votes listed in my most recent “Member Voting Statistics” record, I voted against 204 measures.  Most measures pass the House in spite of my Nays.  Below are my reasons for voting against a few of the measures this week.

HB2365– This bill is described by many as a good idea. It helps disadvantaged, veteran, minority and woman owned businesses by allowing them to be automatically notified of opportunities to do business with the state for specific commodities. We should all want to help those among us who are disadvantaged. On a personal level, I agree with this sentiment. However, I disagree with our government dividing Oklahoma businesses into select groups for preferential treatment. If a private business would like to provide this information to customers, that’s fine. If the government gives special treatment to these businesses, it is discriminatory.

HB1882– This bill failed earlier in the week and was brought back today to be reconsidered at which time it passed. The Boys and Girls Clubs and YMCA programs are successful and appreciated by many across the state. This would create a task force to bring these organizations and others together with state agencies such as the DHS and the Department of Mental Health, common ed, higher ed, a tribal representative, and other non-profits. The purpose of the task force would be to review existing after-school programs and highlight gaps in access and equity and to identify and evaluate a set of evidence-based, evidence-informed and promising best practices to improve and increase the number of quality, affordable out-of-school programs in the state.  As a general rule, I vote against all task forces. Committees and meetings have a tendency to accomplish little. The idea behind this task force would have a better chance of success if a passionate individual spearheaded the campaign.

HB2236– This bill clarifies in statute how failing to report income to an employer while receiving workers’ compensation is a felony. I do not support adding felonies to Oklahoma’s criminal statutes. There is no deficit of felonies generally! I do not support making felonies where there is no violent crime against a person. In the particular case of this bill, merely failing to report something (1) should never be a felony, and (2) should never be punishable by prison. The sole consequence for obtaining workers’ compensation to which one is not entitled must be limited to repayment of the excess. I understand that false workers’ compensation claims are felonies already; I disagree, and do not support making it easier to prosecute felonies. A felony charge should be reserved for violent crimes against another person, not a crime against the state.

HB1569– This bill is known as the “Play to Learn” bill. I believe this type of instruction is absolutely critical in the development of children, especially boys. I have seen the benefits of this over the years in my own children. Definitely a great idea but I voted against this measure. Teachers are currently using this method in classrooms across the state so why put it in statute? Supporting deregulation of teachers in classrooms is necessary. I do not support adding more regulation into the classroom that teachers must follow, even if it is a good idea. Remove regulation and most teachers, given the freedom to choose, will incorporate this method because they see its educational value.

Finally, I will end this Week 14 update with a YES vote from this week.

HB1772 known as the Snow Cone bill(a very sweet bill!) adds a provision in statute to allow snow cone stands to remain open year-round. While I dislike adding to law rather than removing law to make this possible, I voted in support of this bill because it removes the prohibition on year-round snow cones.

Familiar Faces

The Senate Bill deadline week ended April 22nd, but the busy session continues. I was excited and honored to see many familiar faces this past week as well as meeting new ones.

Washington County Bridge Dedication

Roads and bridges are a legitimate use of taxpayers’ money.

Congratulations Billie Roane on being appointed to the Bartlesville City Council! http://m.bartlesvilleradio.com/pages/news/291332021/roane-appointed-to-ward-4-council-seat

Congratulations Nelly Pendleton

Miss Pendleton was named the Youth of the Year by the Boys and Girls Club of Oklahoma. I wish her well as she represents the clubs of Oklahoma at the national level!

Bartlesville FFA Ag Communications Team

Competing in speech communications is an excellent opportunity for these local students. Congratulations!

Nurse Deb Cook

It was fun to have a friend as Nurse of the Day at the Capitol.

Red Steagall

If you’re not proud of what you do,
You won’t amount to much.
You’ll bounce around from job to job
Just slightly out of touch.

-exerpt by cowboy poet Red Steagall https://www.texasmonthly.com/articles/the-fence-that-me-and-shorty-built/

Betsy DeVoss
Jason Whitlock
Abbey Steelhammer
Dr. Everett Piper

Dr. Piper visited with members of the House this week.

We voted on HB1775 this week which is a bill preventing Oklahoma teachers from instructing students that they are inherently racist.

Check out Dr. Piper’s new book: https://www.amazon.com/Grow-Up-Life-Isnt-Safe/dp/1684510910

HB1236

HB1236 passed the House 79 to 18 (breaking largely along party lines). The purpose of HB1236 was to assert the authority of the Oklahoma Legislature, under the 10th Amendment to the United States Constitution, to reserve to itself those powers not delegated to the United States by the Constitution, nor prohibited by it to the States. This assertion is and of a right ought to be completely uncontroversial, as such reservation is explicitly codified in the 10th Amendment. This assertion furthermore has become imperative given the recent usurpation of legislative power by the executive at the federal level, and by the unprecedented proliferation of “orders” and “mandates” arrogated completely outside proper government authority by every federal, state, and local agency with an obscure office. It is vital to the preservation of our constitutional republic that the state legislatures bring this lawless practice to heel by reasserting their proper, sole legislative powers; and your Oklahoma House of Representatives overwhelmingly passed HB1236 to do just that.

Once in the Senate, a series of amendments substantially removed all the relevant language, removed the codification of new law, removed the essential role of the state legislature, and merely added a slight additional duty to the office of the attorney general, with no oversight at all by the legislature. In other words, the Oklahoma Senate removed the central purpose and effect of the House bill.

The reasoning stated by the Senate leadership is wholly unsatisfactory. The basic premise given is that a state legislature asserting the 10th Amendment is itself “unconstitutional.” This manifestly is absurd, as the 10th Amendment explicitly reserves all powers not delegated to the United States! It reserves such undelegated powers to the States respectively, or to the people; NOT to the judiciary, federal or otherwise! This is neither difficult nor obscure. This is central to the idea of a constitutionally limited republic of states.

It is my observation that such protests of unconstitutionality proceed from a specious reliance on case law as effectively superior to the Constitution itself. This view can be summarily disproved by a merely cursory examination of Article V of the Constitution. The power to amend the Constitution rests exclusively with the legislative branch of the United States, and with the legislative branches of the several states. No mention of the judiciary appears in any capacity whatsoever in Article V. The practical effect of this is that case law may never ALTER the United States Constitution.

The philosophy that case law can modify statute law proceeds from the common-law doctrine of stare decesis (“let the decision stand”): the doctrine that a court is bound by previous decisions in similar circumstances; the doctrine of precedent. The object is to provide consistent application of laws from case to case, and as such is a sound legal principle. The problem in Constitutional law arises from a misapplication of stare decisis to ALTER the actual text by court decision. Under the United States Constitution this is impermissible, for several essential reasons.

The Constitution of the United States is that which forms and defines and, most importantly, limits the federal government. It is the sine qua non of the United States Government: without which the United States government does not exist. Article IV is explicit 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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Judges thereby are explicitly SUBJECT to, INFERIOR to, SUBSERVIENT to, the actual text of the Constitution. Article III defines the very narrow powers assigned to the Supreme Court and any inferior courts established by Congress. Nowhere in Article III is power given to the Supreme Court to ALTER the Constitution. The power to ALTER the Constitution, as discussed previously, in Article V rests exclusively with the LEGISLATIVE branch, and the legislatures of the several states. Not in any capacity whatsoever does the Judicial branch have any role whatsoever in amending the Constitution.

Thus the doctrine of stare decisis CANNOT be used to ALTER the Constitution! Thus any decision by any court, including the Supreme Court, CANNOT be cited to, in this discussion, reduce or limit the protections given in the Bill of Rights. Thus any previous decision that purports to do so CANNOT be binding on subsequent decisions, as the court, inferior to the Constitution, simply has not the power to alter the Constitution. A subsequent court manifestly cannot be bound by a previous or superior decision that falls outside the power of the court as granted by the Constitution. This is not difficult nor obscure. Leftist courts and “progressive” politicians merely WISH that it should be so, and therefore proceed as though it is so, so long as we the people of the United States do not prevent them.

And that brings us full circle to the matter at hand. Your Oklahoma House of Representatives overwhelmingly passed HB1236 expressly to assert the power of the state legislature (and therefore of the Oklahoma people they represent) to reserve those powers NOT granted by the Constitution to the States respectively, and to the people. It is that simple. Your Oklahoma Senate, meanwhile, refuses to do just that! I urge you to contact your Oklahoma senators to urge them to do what the state legislature ought to do: represent the interests of Oklahoma citizens with respect to the United States government; to insist that the United States government remain within its Constitutional limits with respect to the people of Oklahoma; to insist on the reservation of all other powers to the State of Oklahoma as required by the Tenth Amendment. The very survival of our constitutional republic is at stake.