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Saturday, April 20th, 2019Last Update: Thursday, January 31st, 2019 08:02:19 PM

Does the State Constitution really matter?

By: Randy Brogdon

Let me be frank, I think it's time to do away with the charade; our Oklahoma Constitution and the laws under it mostly don't mean a lick!

On May 23, 2007, then Governor Brad Henry signed into law SB 464 authored by me, Senator Johnson in the Senate and cosponsored by Rep. Charles Key in the House.

This bill then was codified into our Oklahoma Statues under Title 47 section 110.3.

Now, what does all this have to do with the Oklahoma Constitution?

Well, simply put, SB 464 blocked the dastardly Real ID from being implemented in our State. We nullified Real ID but sadly it appears that the Executive Branch of Oklahoma isn't too interested in executing laws passed by the Oklahoma Legislature. Want proof?

Here's the exact wording from the Oklahoma Constitution:

"Section VI-8: Execution of laws - Intercourse with other states and United States - Conservator of peace.

The Governor shall cause the laws of the State to be faithfully executed, and shall conduct in person or in such manner as may be prescribed by law, all intercourse and business of the State with other states and with the United States, and he shall be a conservator of the peace throughout the State."

If you're reading that section of the Oklahoma Constitution the way I'm reading it, the Governor is constitutionally obligated to faithfully execute the laws passed by the legislature. The Governor doesn't get to pick and choose which laws to execute and which ones not to execute. The head of our Department of Public Safety does not have the authority to ignore the laws passed by the legislature. Our Oklahoma Department of Homeland Security doesn't get to pick and choose either.

But that is exactly what they've done and continue doing and we must demand they obey the Constitution or we will take all necessary actions within the Oklahoma Constitution to ensure obedience. The Governor, Legislature, and state agencies work for us, we do not bow to them.

Article 1. Section II-1 makes this 100% clear!

Section II-1: Political power - Purpose of government - Alteration or reformation.

All political power is inherent in the people; and government is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the public good may require it: Provided, such change be not repugnant to the Constitution of the United States.

Granted, we may have forgotten the fact that we hold ALL political power. We may have slipped into a posture of submissive obedience to our government, but friends, that must change and it must change now!

In 2007, my bill was designed to stop the Oklahoma government from complying with the federal Real ID program and as a sovereign state, we had every right and power to do so. SB 464 passed overwhelmingly in the Senate and the House and ordered the Governor to block all efforts to comply with the federal law. This could not be made any clearer in the Bill and in the Statutes.

Yet, against the law, our driver's licenses are "compliant" with 16 of the 18 Real ID benchmarks. In 2007, my bill ordered the Executive Branch not to comply with REAL ID and guess what, they appear to not care.

For example; in SB 464, I made it crystal clear what it meant to not comply with READ ID. Here's the exact language from my Bill:

"B. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to complying with the REAL ID Act of 2005.

D. For purposes of this section, "biometric data' includes, but is not limited to:

1. Facial feature pattern characteristics."

Am I missing something? To me, this language is extremely clear. The State of Oklahoma is not allowed to use any equipment to collect "facial biometrics" and finger prints! Yet that is exactly what is happening when you go and get your driver's license…the DPS is collecting both of these!

Now, I don't want to be too hard on our current governor, this equipment was purchased before she took office. But once she took an oath to "support, obey, and defend the Constitution…of the State of Oklahoma…" she became morally and legally obligated to execute the laws of our state. There's no wiggle room here.

Listen, I'm not against picture ID's, but I am against a picture ID that collects specific patterns so a drone can scan a crowd and pick me out! I hope you are as well.

Now some will say, "well Randy, as long as you're not doing anything wrong, you should be perfectly comfortable with the government collecting your personal information." Friends, the very last thing you ever want to do is give government all of your personal and private information and then let them define whether what you are doing is right and wrong. That's a terrible idea.

It also reminds me of an old Reagan quip: "I'm from the government and I'm here to help!"

So friends, I need your help. I'm going to be working with others across the state to come up with a plan to demand Governor Fallin fulfill her moral and constitutional duties as Governor and immediately stop taking any facial recognition pictures and to destroy any that have been collected since 2004 when the equipment was purchased.

I hope you'll stand with me and others as we try to stop this disaster.

About Randy Brogdon

Randy Brogdon is chairman of the Oklahoma Republican Party. He is former member of the Oklahoma Senate, and was a candidate for Governor and U.S. Senate.

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