The Oklahoma Constitution (Part Four)

Fallin Branches

I’ve been working my way through the Oklahoma Constitution, and it’s as much work as I’d feared. We may have to fast-forward a bit so I can be finished before the elections!

You can read my Introduction in Part One and my brilliant analysis of Articles I & II in Part Two. We made it through Articles III, IV, and V in Part Three – mostly talking about the powers of the Legislature. 

Time for the other two branches, and then some.

Section VI-1: Executive officers enumerated – Offices and records – Duties.

A. The Executive authority of the state shall be vested in a Governor, Lieutenant Governor, Secretary of State, State Auditor and Inspector, Attorney General, State Treasurer, Superintendent of Public Instruction, Commissioner of Labor, Commissioner of Insurance and other officers provided by law and this Constitution, each of whom shall keep his office and public records, books and papers at the seat of government, and shall perform such duties as may be designated in this Constitution or prescribed by law.

The Superintendent of Public Instruction is specifically mentioned in the very first paragraph of Article VI, the Executive Department. There are only eight other offices called out by name here, two of which are the Governor and Lieutenant Governor. 

That suggests that public education is not only a potential function of state government, but an expected, demanded, prioritized function of this state’s government. It’s not charity, or governmental overreach, or some sort of New Age liberal plot to subvert the REAL values of the state. It’s one of SEVEN functions, along with things like State Treasurer and Commissioner of Labor, to be named specifically in the State Constitution as part of the Executive Branch. 

We’re SUPPOSED to prioritize public education, along with those other things. It’s in our constitution, unlike many of the things people undercutting schools are prioritizing instead – often in the name of ‘fidelity’ to founding values. 

3 BranchesThe rest of Article V is about the logistics of elections, vetoing or signing legislation, and creating a few other commissions and positions necessary to keep things running. Nothing too exciting. 

Articles VI & VII establish the court system and how judges are chosen. This one has changed quite a bit since the original, but none of that is particularly relevant here. So let’s move on, shall we?

Article VIII is about impeachment of state officials. Entertaining, I know, but also not what we’re looking for at the moment. 

Article IX is about Corporations. It establishes a sort of ‘mandatory cooperation’ between completing railroads, pipelines, telegraph and telephone companies, etc. – things which might be considered essential public services. 

There’s a real ‘love/hate’ relationship with railroads which is amusing. Article IX, Paragraph 13 prohibits railroads from giving free rides to anyone (presumably to prevent buying political or business favors this way), EXCEPT…

…its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries for railroad Young Men’s Christian Associations, inmates of hospitals and charitable and eleemosynary institutions and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportations; to inmates of the National Homes, or State Homes for Disabled Volunteer Soldiers, and of Soldiers’ and Sailors’ Homes, including those about to enter and those returning home after discharge, and boards of managers of such Homes; 

to members of volunteer fire departments and their equipage, while traveling as such; to necessary caretakers of livestock, poultry, and fruit; to employees of sleeping cars, of express cars, and to linemen of telegraph and telephone companies; to Railway Mail Service employees, post office inspectors, customs inspectors, and immigration inspectors; 

to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the railroad company or transportation company is interested, persons injured in wrecks, and physicians and nurses attending such persons… {or anyone} providing relief in cases of general epidemic, pestilence, or other calamitous visitation… 

OK, this has nothing to do with public education. But it amuses me nonetheless, for at least three reasons.

1. Our state constitution has a long list specifically delineating precisely to whom railroads are allowed to give free rides. That’s messed up in ways I can’t even elucidate properly. 

2. I had to look up “eleemosynary.” It means “of, relating to, or dependent on charity.” I wonder what distinguished “eleemosynary institutions” from “charitable societies” in the language of the day? It’s also interesting that we used to value taking care of people, albeit through the filter of private companies giving them free transportation. It’s at least indirectly promoted via foundational legalese.  

3. I love the phrase “general epidemic, pestilence, or other calamitous visitation.” Not sure what they had in mind, but at least we’d be able to ride the train for free. 

“Calamitous visitation” – *shiver* – !!!

OK Corp CommArticle IX goes on to establish the state Corporation Commission, which regulates industries determined to be ‘public services’ – utilities, transportation, oil & gas, telephone, etc. When we study the Populist Party of the late 19th Century and I ask about lingering impacts, this one counts as a really good answer. 

There are a lot of details here. The Commission is given substantial powers, and even its own internal court system for punishing wrongdoers. 

It was a very regulate-y time, one of substantial distrust towards both government and big business. The authors of our state constitution wanted to do whatever they could to provide protection for individual citizens against money and power.

The very existence of a Corporation Commission – written not simply into law, but into Oklahoma’s freakishly detailed Constitution – strongly suggests that a primary function of state government is to regulate and supervise industry in such a way as to ensure that profits and growth are balanced by the public good. 

Let me say that again. 

Written into our state’s founding document are extensive guidelines seeking to ensure that big businesses don’t use their power and status to take advantage of the little people. Granted, the primary concern was that they’d overcharge for poor service, but it nevertheless runs contrary to the sort of ‘free market’ ideal we hear trotted out ’round these parts lately. In it, Adam Smith and his Eve, Ayn Rand, are tempted by the Serpent of Giving-A-Damn-About-Anyone-Other-Than-Yourself to partake of the Fruit of Socialism, from whose juices flow only sweet, sugary destruction. 

But… in such a brutally laissez-faire ideal, problems like those the Corporation Commission was created to address are self-correcting. If you don’t like the conditions at the train station, don’t take the train. If you don’t like the taste of the water, don’t drink the water. Unhappy with fracking and earthquakes? Dip into your secondary 401K and spend more time at your ancestral villa in Rome. 

It seems our state’s framers knew that sometimes the power of capitalism, for all its wonders, requires a balancing power looking out for the collective good. Sometimes the market which is so good at producing amazing phone options or gluten-free Oreos doesn’t do a very good job of making sure there’s nothing weird in Tonya’s gas, or that the electric company doesn’t charge more in areas which tend to have more outages due to weather. So, they tried at the foundational level to balance growth and profit and corporate freedom with the practical needs of a thriving populace.

That’s not Socialism. That’s a primary function of state government. Capitalism can flourish without morphing into unfettered Darwinism. If we can avoid creating mobs of the Factionless and Disenfranchised, it might flourish BETTER. 

OK Corp Comm

“States’ rights” isn’t about the elimination of all functions of government; states’ rights is an argument that the states can and should be doing many of those functions better than the federal government. Historically this has led to some major problems related to civil liberties, but that in no way eliminates each state’s obligation to maintain a DMV or support public schools. The current faux patriotism of ‘to hell with basic government functions’ is misguided at best, and delusional beyond measure. 

There’s even a hint that government oversight and protection has room to grow:

Section IX-25: Reports and recommendations.

The Commission shall make annual reports to the Governor of its proceedings, in which reports it shall recommend, from time to time, such new or additional legislation in reference to its powers or duties, or the creation, supervision, regulation or control of corporations, or to the subject of taxation, as it may deem wise or expedient, or as may be required by law.

Growth of government as a founding Oklahoma principle. Who would have guessed?

Here’s a bit from Paragraph 34 I found interesting:

The provisions of this Article shall always be so restricted in their application as not to conflict with any of the provisions of the Constitution of the United States, and as if the necessary limitations upon their interpretation had been herein expressed in each case.

It should go without saying – whatever the subject covered in a state constitution – that subsequent supporting legislation cannot conflict with THE Constitution. 

I’ll spare you my rant on THAT for the moment. 

Section IX-40: Influencing elections or official duty.

No corporation organized or doing business in this State shall be permitted to influence elections or official duty by contributions of money or anything of value.

How did we NOT include out-of-state “think tanks” in this?! Oh, right – those weren’t a thing back then.

Next: Revenue & Taxation, State & School Lands, Homestead Exemptions, and – finally – Common Education.  I know, right?! GET READY.

Duck & Cover

RELATED LINK: The Oklahoma Constitution (Part One)

RELATED LINK: The Oklahoma Constitution (Part Two)

RELATED LINK: The Oklahoma Constitution (Part Three)

RELATED LINK: The Blaine Game (Updated)

The Oklahoma Constitution (Part Three)

Sophisticated Reading

I’ve been working my way through the Oklahoma Constitution. Many current legislators insist rather dramatically that they’re defending the values and requirements therein, so I figured it was time I looked a bit more closely to see just what those are. You can read my Introduction in Part One and my brilliant analysis of Articles I & II in Part Two.

Article III is about suffrage and elections. No real surprises here.

Article IV is very brief:

The powers of the government of the State of Oklahoma shall be divided into three separate departments:  The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.

OK, then. 

Article V is not very brief. In the U.S. Constitution, the first and longest section is devoted to the Legislative Branch. Article V reflects a similar concern with the state version of the same. 

Section V-1: Legislature – Authority and composition – Powers reserved to people.

The Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives; but the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.

Progressive EducationThis mindset was a precursor to the Progressive Era and its Amendments – the 16th, 17th, 18th, and 19th. Basically, there was a concern that government at all levels was too far removed from ‘the people.’ Various reforms gave voters more direct input on who was elected and what changes could be made – recalls, referendums, etc. 

This language reflects that. “We’re about to outline your authority,” it says, “but keep in mind we can trump you at any time – so don’t let yourself get TOO far removed from what we sent you up there to do.”

The other option, of course, is to simply run against the existing legislature en masse. Heh. 

The next several paragraphs detail referendums and other powers of ‘the people’ directly – before even discussing the actual Legislature

This bit is interesting:

Section V-7: Powers of Legislature not affected.

The reservation of the powers of the initiative and referendum in this article shall not deprive the Legislature of the right to repeal any law, propose or pass any measure, which may be consistent with the Constitution of the State and the Constitution of the United States.

This clarifies that the rights of the people to do stuff directly doesn’t limit the legislature’s authority to do ITS job, but that’s not the interesting part. It’s that latter half, which suggests that our State Legislators are expected to limit themselves to acts consistent with the U.S. Constitution.

10 CommandmentsThat’s important in a decade during which we repeatedly introduce, debate, and occasionally pass state laws which are undeniably doomed once challenged in the courts. We spend hundreds of thousands of dollars fighting for the right to return to the 19th century. 

This is arguably evil as much as fiscally idiotic, but it’s also specifically prohibited by the exact Constitution those pushing untenable laws claim to defend with such froth and drama. 

The next several paragraphs – updated since the original – are less exciting. They detail how Senate and House Districts will be established, requirements for running for state office, blah blah blah. 

Our state legislature is limited to meeting from February through May, other than a few housekeeping duties which begin just prior. There are deadlines and limits throughout those four months, presumably designed to not only bring some order to the chaos, but to limit how much damage they can do in a given year. 

So that part could have worked out better.

OK Districts

Section V-33: Revenue bills – Origination – Amendment – Limitations on passage – Effective date – Submission to voters.

A. All bills for raising revenue shall originate in the House of Representatives.  The Senate may propose amendments to revenue bills.

B. No revenue bill shall be passed during the five last days of the session.

That’s the original language of Article V, Paragraph 33, and it’s still there. The first subsection echoes the U.S. Constitution and the second suggests a concern that lawmakers might ‘sneak in’ unpopular taxes ‘at the last minute’ and then adjourn before anyone could protest. 

This concern was expanded by State Question 640, a citizen-initiated measure of the sort so warmly defended earlier in Article V. It passed by vote of the people in 1992, and added this language: 

C. Any revenue bill originating in the House of Representatives shall not become effective until it has been referred to the people of the state at the next general election held throughout the state…

D. Any revenue bill originating in the House of Representatives may become law without being submitted to a vote of the people of the state if such bill receives the approval of three-fourths (3/4) of the membership of the House of Representatives and three-fourths (3/4) of the membership of the Senate and is submitted to the Governor for appropriate action…

In other words, as of 1992, tax increases can only become law through a direct vote of the people OR by being approved by 3/4 vote of both the House and the Senate before being signed by the Governor. This has happened exactly once in the nearly 25 years since –tobacco taxes were increased in 2004. 

Super AmericanThis has caused untold grief since oil prices crashed. Due to previously passed legislation, the tax cuts for top earners across the state keep waterfalling at preplanned intervals, despite little evidence they’re producing all of that ‘prosperity’ used to justify them in the first place. When anyone suggests perhaps we could slow down on that a bit until we’re no longer feeding on the weak and the young, our legislature cries with hands upraised – “What can we do?! It’s… it’s… AGAINST THE RULES!” 

What they mean is that it’s damn inconvenient for them to do what’s right. That’s not the same thing. 

Starting in Paragraph 37, we start to get to powers of the State Legislature as specifically delineated by the framers. This would be comparable to Article I, Section 8, in the U.S. Constitution. For once, however, there are FEWER specifics than in its federal counterpart.

The state can establish a state printing plant and hire a state printer. The state must establish a Geological and Economic Survey. It must create a Board of Health, Board of Dentistry, Board of Pharmacy, and a Pure Food Commission. The Legislature shall provide for organizing, disciplining, arming, maintaining, and equipping the Militia of the State. It may also enact laws authorizing cities to pension meritorious and disabled firemen.

Um… I’m in NO WAY anti-firemen, but isn’t that a strangely specific provision? That’s not something added later to appease an influential Congressman or honor a special interest group. It’s in the original. 

Firemen Provision

There follows a long list of things the State Legislature CAN’T do – this one LONGER than its counterpart in the U.S. Constitution (Article I, Section 9). Most of them pertain to local vs. state control on particular issues. I’m not familiar enough with things like adoption law or polling regulations to know if any of these are unusual.

On the other hand, here’s one I’ve learned to hate:

Section V-58: Time of taking effect of statutes – Emergency measures. 

No act shall take effect until ninety days after the adjournment of the session at which it was passed… unless, in case of emergency, to be expressed in the act, the Legislature, by a vote of two-thirds of all members elected to each House, so directs.  An emergency measure shall include only such measures as are immediately necessary for the preservation of the public peace, health, or safety…

If you’ve ever researched proposed legislation, you’ve discovered that the vast majority of bills conclude with a declaration of emergency as described above. 

Emergency!We’d like to tweak the A-F School District Shaming System by juggling a few phrases, and ohyeahbytheway – THIS IS AN EMERGENCY AND IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY.

We should put the alternative certification process for Oklahoma teachers under the purview of the “Office of Educational Quality and Accountability”, which of course MUST BE AN EMERGENCY AND IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY.

I’d like to modify the reporting procedures for districts complying with such and such obscure statutes and no one knows why we’re doing it anyway except that THIS IS AN EMERGENCY AND IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY.

Here’s why this bugs me so much. 

Common usage of this ‘EMERGENCY’ clause means that, as a matter of course, legislators are practically required to cynically manipulate the language of everything they propose or support – in clear contrast to the intent of the Constitution – just to get stuff done. In other words, it’s a given that they can’t really mean everything they’re saying or passing. We just kinda have to do it this way because… the system.

Maybe that’s a small thing, like not reading User Agreements before you ‘Accept’ them, or signing off on paperwork from meetings you didn’t even attend, but it seems to me an unfortunate symbol of cynicism and dishonesty becoming normalized. Banal, even. 

No matter how idealistic a new legislator may be, they first time she writes a bill or casts a vote, she’s agreeing to a ‘wink wink nudge nudge’ bit of game-playing of the sort we all say we hate in politics. He’s calling something what it is NOT in order to get what he wants. 

It’s only a little leaven, of course. Just a small manipulation – a pragmatic lie. But the storybooks tell us those initial compromises start us down a path which never ends well.

I fear history agrees.

RELATED LINK: The Oklahoma Constitution (Part One)

RELATED LINK: The Oklahoma Constitution (Part Two)

RELATED LINK: The Oklahoma Constitution (Part Four)

RELATED LINK: The Blaine Game (Updated)

The Oklahoma Constitution (Part Two)

OK Newspaper

In my previous post, I briefly introduced the Oklahoma Constitution.

Well, briefly for me

Now let’s see what it actually says. If I can squeeze in, say, a dozen pages per post, it should only take, um… twenty entries or so. 

So maybe we’ll just hit a few highlights.

To the best of my knowledge, everything cited here refers to the current language of the document unless otherwise noted. Please let me know if you believe I’m mistaken.

Section I-1: 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.

It should go without saying that this naturally includes any Amendments to that U.S. Constitution, like… the 14th, for example. Or the 1st. And yes, the 2nd as well. 

It should go without saying.

Section I-2: Religious liberty – Polygamous or plural marriages.

Perfect toleration of religious sentiment shall be secured, and no inhabitant of the State shall ever be molested in person or property on account of his or her mode of religious worship; and no religious test shall be required for the exercise of civil or political rights.  Polygamous or plural marriages are forever prohibited.

We’ll start with that last part, since it sometimes surprises people.

Lincoln Machine GunWhen the Republican Party became a thing in the 1850s, it pushed two basic tenets: (1) Slavery is bad, and (2) Polygamy is bad. The second was clearly in response to the Latter Day Saints. 

The Utah Mormon War was a thing that happened in 1857-58, so it was fresh on everyone’s mind. It wasn’t until a generation later that the LDS traded away polygamy for a better shot at being left alone.  

Apparently even in 1906, some wanted to make sure there was no misunderstanding. In that context, it makes some sense that this was tacked on to the protection of religious freedoms. They wanted to get in an ‘except for THAT’ clause. 

The first 2/3 of this one is worth closer attention, however. Oklahoma’s Framers wanted to make sure the very first thing they established after Federal Supremacy (ironic, isn’t it?) was absolute religious freedom. Not only would the government not establish or prohibit anything, citizens were specifically guaranteed “the exercise of civil {and} political rights.”

Do we still believe that today? We absolutely should, but I’m not at all convinced we do. 

Check out the same section in the hand-written original submitted by William ‘Alfalfa Bill’ Murray to Congress for approval:

OK Constitution Excerpt

For you youngsters out there, those double-strikethrough lines are what counted back in the day as a ‘Delete’ key. The last-minute revision took out this phrase:

but the toleration of religious sentiment hereby secured shall not be so construed as to excuse acts of licentiousness or indecency, or to justify practices inconsistent with the good morals, good order, peace, and safety of the State, or with the rights of others,

Dang. How would THAT have changed the whole conversation over, um… any number of issues these past few years? 

But here’s the critical point to remember: it was struck before being sent to Congress. Our State’s Framers took it OUT. They didn’t just leave it out, or not think of it. They considered it, included it, then decided it had to go

No one sworn to uphold the language OR original intent of this document can fight to put this phrase back in – even by implication – without resolving the inherent hypocrisy of such an effort.

Section I-5: Public schools – Separate schools.

Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted in English: Provided, that nothing herein shall preclude the teaching of other languages in said public schools.

We’re going to need to come back to the stuff on schools. They come up a LOT. 

Section I-6: Right of suffrage.

The State shall never enact any law restricting or abridging the right of suffrage on account of race, color, or previous condition of servitude.

MIBLook at that. We DID know about the Reconstruction Amendments way back then. Wonder how we lost THAT collective awareness…

Unlike the U.S. Constitution, to which the Bill of Rights was added in order to secure ratification, the Oklahoma Constitution put its ‘Bill of Rights’ in Article II, right after the foundational stuff and before even discussing the Legislative, Executive, or Judicial Branches. There were originally 33 of them; there are currently 34, although a few have been tweaked over the years and term limits slid into the middle. 

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.

Revolutionary though this sounds, it’s entirely consistent with the values expressed in the Declaration of Independence.

Although… that’s what’s odd about it being included here. The Declaration is a statement of revolution, and of ideals. The Constitution is a codification of laws intended to support those ideals. One seeks higher truths, the other provides a scaffold for technicalities. 

The Declaration proclaims that “all men are created equal” and “endowed by their creator with certain unalienable rights.” The Constitution explains that “No Person shall be a Representative who shall not have attained to the Age of twenty five Years… and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.”

The Declaration insists that we rely on “the protection of divine Providence” and “mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” The Constitution explains that “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

Both are necessary, and they’re more or less consistent with one another. But they’re quite different. 

Section II-2: Inherent rights.

All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.

Hmmm… more Declarationing. But look at that last bit – “the enjoyment of the gains of their own industry.”

Hamilton MusicalThat’s perfectly consistent with American ideals. Jefferson may have changed “life, liberty, and property” to “life, liberty, and the pursuit of happiness,” but the original phrase is used often enough elsewhere to leave little doubt regarding intent.

It’s just a funny clarification – the right to the fruits of your own labor, essentially. If I didn’t know better, I’d think it was an statement against Jim Crow laws and such, still common throughout the South at the time and codified in Oklahoma as soon as the first Legislature could find their desks. 

But I do know better. It’s not.

It’s probably intended as a protection of workers’ rights, given the times and priorities of those putting the document together. A common complaint of labor unions – still relatively new on the scene – was that the folks doing all the work were being consumed by the system, while factory owners and investors were living lives of conspicuous ease, built upon their breaking backs. 

Still, it’s phrased in such a way you’d never mistake it for a line from Marx, would you? 

Section II-11: Officers – Personal attention to duties – Intoxication.

Every person elected or appointed to any office or employment of trust or profit under the laws of the State, or under any ordinance of any municipality thereof, shall give personal attention to the duties of the office to which he is elected or appointed. Drunkenness and the excessive use of intoxicating liquors while in office shall constitute sufficient cause for impeachment or removal therefrom.

No comment. *cough*Doerflinger*cough*

Most of the rest echo rights already guaranteed on a national level. While the process of gradually applying the Bill of Rights and subsequent protections to the states via the 14th Amendment had certainly begun, it was by no means complete. In 1906, it was perfectly appropriate for the state to guarantee those rights locally. 

There are a few which deserve further attention, however. 

Section II-26: 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.

Section II-28: Corporate records, books and files.

The records, books, and files of all corporations shall be, at all times, liable and subject to the full visitorial and inquisitorial powers of the State, notwithstanding the immunities and privileges in this Bill of Rights secured to the persons, inhabitants, and citizens thereof.

I think that’s about – 

Teacher At Board

Oh. Yeah. Um… there is ONE more.

Section II-5: Public money or property – Use for sectarian purposes.

No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.

We’re gonna need extra time for that one.

RELATED LINK: The Oklahoma Constitution (Part One)

RELATED LINK: The Oklahoma Constitution (Part Three)

RELATED LINK: The Oklahoma Constitution (Part Four)

RELATED LINK: The Blaine Game (Updated)

The Oklahoma Constitution (Part One)

U.S. ConstitutionThe U.S. Constitution, including all 27 Amendments, takes up less than 14 pages as a Word document with normal fonts and margins. The Oklahoma Constitution, in contrast, takes 221 pages.

So already you can see a problem.

The first effort to craft a state constitution – a necessary precursor to being admitted into the Union AS a state – came in Muskogee in 1905. The ‘Sequoyah Constitution’ foreshadowed many of the elements which would eventually become part of our state’s semi-supreme law, but assumed separate admission for Oklahoma Territory and Indian Territory, a ‘two-state solution.’ Given the likelihood both would be staunchly pro-Democrat, the Republicans in control of Washington shut that idea down immediately.

“Alfalfa Bill” Murray, a delegate to that convention and subsequent Representative and OK Governor, shared his recollections 25 years later:

We knew that it must stand before Congress above ridicule; and in harmony with the best modern thought for the protection of life, liberty, property, and the citizens’ highest estimate of intelligence and progress. 

Alfalfa Bill MurrayIf you know anything about Alfalfa Bill, this is either painfully ironic or ridiculously amusing. Even if you don’t, the founding of Oklahoma on ‘modern thought’ and the ‘highest estimate of intelligence and progress’ should produce some sort of reaction. Perhaps even involuntary regurgitation. 

For this reason, neither {Charles} Haskell nor I left the Convention or Committees for a moment, and we were the only persons there every moment. For days at a time, we alone were present. He lived at the Hotel in an apartment and I boarded there. 

And a century later we’re terrified of who might be in the next bathroom stall.

Day and night we were on the bridge, and at the wheel, looking for icebergs, the shoals, and shallows of an uncharted sea. I have never regretted it, for without this experience the work so well done in the Guthrie Convention later, would have been impossible. The Sequoyah Convention gave us the outlines of an organization. 

Oklahomans love our maritime metaphors.

State of SequoyahIn 1906, the U.S. Congress passed the “Oklahoma Enabling Act,” providing for a single state to be formed from Oklahoma and Indian Territories. Each half sent delegates – mostly Democrats – and William H. Murray was – big shocker here – elected president of this new Constitutional Convention. 

This was a time not far removed from the Populist Party’s dominance across the Great Plains and not long before the Progressive Era would bring dramatic reforms in how elections were run and how many different things the federal government was willing to regulate. It should be no surprise, then, that while in 2016 Oklahoma is considered ‘red’ for its staunch Republican leanings, a century ago it was brought into the Union as close to ‘red’ in the ‘OMG Socialists!’ sense of the term as it could be and still secure Congressional approval.

OK Const Conv

I use excerpts from the Oklahoma Historical Society when we introduce the State Constitution in class:

The drafters recognized the importance of separation of powers by creating the legislative, executive, and judicial departments… They also recognized the state as a part of the Union, giving a constitutional nod to the notion of federalism. They also explicitly recognized (unlike the framers of the U.S. Constitution) the power of Oklahoma courts to exercise judicial review. 

OKHSEarly in the document (Article II), the drafters enumerated thirty-three rights in the Bill of Rights Article. This was followed by the article on suffrage. The right to vote, except in school board elections, was restricted to males. (The constitution was amended giving women the right to vote in 1918, two years before the U.S. Constitution was amended giving women the right to vote.) 

The legislative article describes the branch (House members have two-year terms; Senators have four-year terms) and gives the power of the legislature. The influence of the Progressive Movement can be seen in the numerous restrictions placed on that body. 

The article on the executive branch was similar to that found in most other states. The governor was given a four-year term and was prohibited from being elected twice successively (amended in 1966, in the Governors Consecutive Terms Amendment, so that a governor could be elected to two successive terms). Numerous executive offices and boards were created, all mostly elected positions. 

OK Constitution Reference GuideThat thing where so many positions are elected rather than appointed is creating headaches even today. It was an age of ‘let the people decide’, creating rules not conducive to our love of ‘voting the party ticket’ for everything from Governor to Dog Catcher to Insurance Commissioner. 

The judicial article provided for the election of judges (changed years later to appointment with retention elections) and stipulated that juries of fewer than twelve members could be used in some cases.

Several provisions of the constitution were included for the regulation of certain interests. Entire articles were devoted to corporations (IX), revenue and taxation (X), education (XIII), and banks and banking (XIV). The details of these articles display the drafters’ distrust of legislatures and a concern for problems occurring during territorial days. 

Imagine a time in which you couldn’t trust your own legislature to do the right thing when it came to revenue and taxation, big money interests, or public education! That must have been difficult for them, way back then.

The progressive spirit was also evident in the provisions permitting the initiative and referendum. Only four other states (of the forty-six states in 1907) included these provisions in their constitutions. Provisions were also included for amending the constitution, including allowing the voters themselves to initiate and approve amendments (only the second state to allow this method, called initiative and referendum). 

Populist Party Banner

One of the issues not often discussed when we celebrate all this power in the hands of the common man is how easily manipulated by fear and ignorance they tend to be. I mean, there’s a reason they’re the ‘common man’, right?

Oklahoma’s constitution of about fifty thousand words, one of the nation’s longest, has been made longer by the relatively frequent use of the amending process (although the document has never been completely rewritten).

Amending has also resulted in a number of significant changes. Following a 1941 amendment the legislature has been required to balance the state’s budget. In 1966 an amendment allowed annual legislative sessions (although in 1989 the voters approved an amendment mandating short legislative sessions). In 1990 Oklahoma became the first state (through amending) to place term limits on members of the state legislature, in the Term Limits Amendment. In 1992 voters approved an amendment stipulating that no bill passed by the legislature raising taxes would go into effect unless passed by a two-thirds vote of both houses.

Men in HatsThat last part is what’s been so-often cited to explain why we simply CAN’T slow down the almost complete elimination of taxes for anyone wearing expensive suits and smoking cigars in darkened back rooms. Once the process is begun, the argument goes, any reduction of the destruction amounts to a ‘tax increase’.

Yeah, I know – it’s shaky reasoning, but it’s a large part of why we’re going after single moms and old people rather than so much as slow down the feeding of our children to the wealthy and powerful. 

WJBWilliam Jennings Bryan told the members of the Oklahoma Constitutional Convention that they had borrowed the best provisions of the existing state and national constitutions and had, in the process, created the best constitution ever written. Scholars who believe that brief constitutions devoid of policy make the best constitutions would disagree with Bryan’s assessment.

No doubt.

I’m going to do my best to unravel some of that Constitution and see if it does indeed, as so many of our elected leaders insist, cry out for the elimination of virtually all public services while glorifying gun fetishism and mandating evangelicalism throughout all public institutions – because… Obama!

If it does, I owe several sitting legislators an apology. 

RELATED POST: The Oklahoma Constitution (Part Two)

RELATED POST: The Oklahoma Constitution (Part Three)

RELATED POST: The Oklahoma Constitution (Part Four)

RELATED POST: The Blaine Game (Updated)

Why Republicans Should Love Public Education

Republican Party

Full Disclosure: I’m no longer a registered Republican. I stuck it out for decades, but at some point between the Tea Party breaking Rand Paul and the crowning of Paul Ryan and Ted Cruz as voices of ‘moderation and reason,’ I simply couldn’t do it anymore. 

And yet… the Right Wing are still my people, however far I’ve strayed, and despite their collective loss of sanity over the past decade. Evangelicals, gun-fetishists, the socially repressed – I can’t support their positions, but I treasure their possibilities. 

The modern Republican Party is a backslidden mess. They are a bewildering diaspora of conservatism’s potential – particularly the minivan and Easter crowd smothered within their ranks. I hereby call on them to leave their false idols and begin the journey home… starting with an issue which should be a no-brainer: public education. 

Forget that it’s the right thing to do – it’s a winning political strategy.

The Right is all about personal responsibility. 

Personal Responsibility

An equitable and effective public school system goes a long way towards promoting real-world opportunity and unlocking individual potential. Education doesn’t cancel out poverty, systemic racial discrimination, etc., but it gives students – soon to be actual people – the option of whistling Vivaldi along the way and dramatically improving their personal odds. 

You’re welcome to point a finger at the downtrodden and underserved and ask why they haven’t done more to better themselves, but your judgment is untenable unless those at whom you point have reliable access to high-quality, fiscally prioritized, meaningful education.

If you really want to add teeth to your moral outrage, provide wraparound services addressing many of the underlying sources of disparity reflected in grades, graduation rates, and test scores. Inequity may remain, but the system enabling it would be far less overt – and your expectations regarding individual achievement thus much more persuasive. 

The Right is all about the economy and being a productive member thereof. 

Economic Responsibility

Those with better educations tend to avoid prison. They tend to get and hold better jobs. They tend to become settled, have families (and stay with them), and galvanize into moderation. 

Yes, the most educated in our nation often grow rather liberal in their ideals – but not usually in their lifestyles. They spend, invest, even donate – all of which lubricate the wheels of the commerce.

The Right is all about family values. 

Family Values

Despite the rhetoric coming from the fringe elements (who always seem to end up in charge these days), public schools consciously inculcate good character – hard work, honesty, empathy, personal responsibility, etc. 

Constitutionally, these must remain distinct from specific theology or faith, but as I recall from my evangelical days, God’s truths are strong enough they can’t help but be reflected in the natural world all around us (the one He created, and for which he set up ‘natural laws’?) with or without appropriate credit attached. Gravity need not be labeled “God’s Gravity” to be just as true, or just as useful to understand; why would “do unto others” or “study to show thyself approved” require sectarian sanction?

Granted, public schools DO tend to welcome and value children of all cultures, colors, sexual proclivities, etc. Many of you have been told this equates to a collective sanction of ungodliness. Surely five minutes with the Jesus of the four gospels refutes such silliness?

The Right loves to talk about America’s Founding Ideals.

American Values

This one gets trickier, because so much has changed logistically since our nation’s inception. But if the ideals themselves are as timeless as we hope, they should find traction and demonstrate value in modern times. As with matters of faith, however, it’s important we not mistake the logistics of their historical application with the eternal principles those in the past were attempting to honor.

The Constitution (a set of rules) can be amended as situations evolve. The Declaration of Independence (a statement of ideals) cannot. The Ten Commandments (a list of rules) were superseded by the arrival of the Messiah (the supernatural made flesh). The goal of personal communion with an eternal Creator (an ideal) remained consistent, but we need not sacrifice birds or sit in our gardens naked to get there. 

The particulars were always intended to evolve, even if the overarching principles were not. 

America’s founding ideals are about equality in the eyes of the law – actual, demonstrable equality, not just theoretical equality. The principal was established in the Declaration of Independence; the expression of that principal has expanded in fits and starts ever since. We could get closer. 

America’s founding ideals are about meritocracy. We’re unlikely to find the best hockey players in towns with no ice, or gifted writers in communities with no books. Merit must be sought, nurtured, and unleashed. 

Zog Self-Sufficient

Finding it and growing it – as often and in as many varieties as possible – is great for the individual, but of exponentially greater value to the whole. 

America’s founding ideals are about diversity. I know, I know – old rich white guys, etc. But what they started expanded true citizenship – economic, social, and political power – far beyond anything known in their worlds at the time. The expansion of those ideals to include people of other colors and both sexes was perfectly consistent with their vision, if not their temporal understanding at the time. 

America’s founding ideals are about opportunity for the humblest citizen. 

Homestead Act

This is a big one.

We value our business-owners and investors, certainly, but 150 years of both state and federal land policy made it an absolute priority to redistribute resources – 160 acres of land, usually – in the name of opportunity, to any citizen, however humble, free of charge and with the obligation only that they utilize it as best they could. 

John Adams, before we’d even declared independence, argued that “Power follows property.” Thus, the way to make sure we preserve a “balance of liberty” – a full, meaningful involvement of a wide spectrum of citizens – was to make the “acquisition of land easy to every member of society.” 

The various statutes governing land distribution over the years generally discouraged (or outright prohibited) the hoarding of resources. Homesteaders could only claim as much as an average family could realistically use. This wasn’t to be nice – it was best for society as a whole. 

The best-known and most important of these was the Homestead Act of 1862. It was promoted and signed into law by THE founding Republican, Abraham Lincoln. 

Today the key to opportunity is no longer land. Today’s “Homestead Act” is Public Education – the modern gateway to economic, social, and political opportunity, so sacred as to occasionally be oversold on just what it will and won’t guarantee in individual lives, but largely essential for anything else of value to become possible.  

The Republican Party Was Created to Reduce Inequality. 

Homestead Poster

The Republican Party sprang out of a combination of the ‘Free Soil’ party and a few other ‘not-the-Democrats’ groups in the 1850s. ‘Free Soil’ in this case had a dual meaning – they were against slavery, and they were for those without property being given land – and thus, a realistic shot at their own little version of the American Dream. 

They had serious issues with polygamy as well, although we tend to brush that aside when covering the time period, meaning…

The Republican Party was quite literally born with THREE priorities – 

Rep Platform 1860

(1) Let’s treat black folks better, because… America! 

(2) Let’s give more free stuff to people who need an opportunity, because… democracy!  

(3) Let’s tell people who they can and can’t marry because… icky!

We’ve held fast to the third, but forsaken the first two. Why?

The Republican Party would like to remain relevant and win elections.

Republican Demographics

The GOP has not done a very impressive job adjusting its rhetoric or expanding its reach beyond some very clichéd demographics. 

There are a LOT of educators – public and private, teachers and support staff – in this country. 

Can you imagine the electoral potential of a party which embraced public school teachers (most of whom are personally rather moderate)? Are there really SO many core values which would have to be jettisoned to pay teachers a living wage and get a bit more creative enabling schools to do what schools want to do best?

Wouldn’t the payoff would be so, so worth it?

Come Home. Please.

Rep Party Lost