Proper civil government rests entirely upon the first three phases of government (self, family, and church) functioning properly. We have clearly established in our previous newsletters that our Framers based our form of government off of the notion that it was only sufficient, “for a moral and religious people. It is wholly inadequate to the government of any other.” – John Adams. They believed that in order for civil government to function effectively and efficiently, men and women must first govern themselves and their families, with the aid and assistance of the church, by the standards of morality as laid out in the Holy Scriptures.
Historically, tyranny has usually broken out when the foundational principles upon which a society is based are abandoned, leaving the people crying out for a stronger government to restore order. That’s when Caesar’s become emperors, Chancellors become Furhers, and Presidents become Dictators. The Left even crafted a strategy off of this principle called the Cloward and Piven strategy (I encourage you to look it up). A stronger central government ALWAYS means a loss of liberty and freedom.
The Root of Federalism
One of the basic principles of federalism is that the lesser can never overrule the greater. The lesser entity which received the justification for their existence from a greater entity can never overrule or supersede the powers of the greater. The States created the federal government by mutual agreement, thereby lending it authority. Conversely, the States grant authority to the cities and towns in said states, thereby granting them authority.
In Oklahoma, all cities and towns derive their authority from the Oklahoma Constitution, and specifically Title 11 of the Oklahoma Statues. If the cities and towns were to ever pass laws and ordinances that violate State law, those ordinances would not survive the most basic of legal tests.
How This Applies to COVID Mandates
In regards to the mask mandates and forced closures, 11 O.S. § 11-22-120.A outlines what authority cites have concerning the protection of their municipalities from contagious diseases. It states, “The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.” Notice that it specifically states that the governing body’s (in our case the OKC City Council) authority to act is only to prevent the introduction of the contagion into the municipality. It gives no authority whatsoever to act once the contagion has already entered.
This is significant because Article 3, Section 33 of the Oklahoma Constitution specifically states, “The enumeration in this Constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.” That is our version of the 10th Amendment to the U.S. Constitution. In lay terms it means, “unless it’s specifically written here, the government cannot do it.” As the city of OKC is subservient to both the Oklahoma Statutes and the Oklahoma Constitution, the same rule would apply to city ordinances. In fact, the first clause of 11 O.S. § 11-22-120.A specifically puts the restriction that any local ordinances pertaining to public health must NOT be, “inconsistent with state law.”
Under the Catastrophic Health Emergency Powers Act, codified as 63 O.S. § 81, not even the State has the authority to take unilateral action upon the public at large OR private businesses:
“[The purposes of this Act are] To grant state and local officials the authority during a catastrophic health emergency to provide care, treatment, and vaccination to persons who are ill or who have been exposed to transmissible diseases, and to separate affected individuals from the population at large to interrupt disease transmission.” 63 O.S. § 81-6103 (Emphasis added)
That Act even goes to the extent of clarifying that during any such catastrophic health emergency, “The rights of people to liberty, bodily integrity, and privacy must be respected to the fullest extent possible consistent with maintaining and preserving the health and security of the public during a catastrophic health emergency.” 63 O.S. § 81-6102.9 (As to the last part of the clause, there are enough randomized clinical trials proving that masking does NOT stop disease transmission, making any such justification utterly absurd.)
We Can No Longer Trust Them
If the State did not grant itself the authority to take unilateral action upon the public at large, then ANY municipality in this state attempting such action is devoid of authority. The mandatory masking orders; the mandatory limiting of crowd sizes; the forcing of bars, restaurants, and churches to limit their capacity; are ALL absolutely illegal and unconstitutional! When an elected official has voted to pass an ordinance that is in direct violation of state law, despite repeated warnings from citizens, they have violated their oath of office and should be removed.