Al McAffrey

By Rep. Al McAffrey
Sat. Feb, 6, 2010

This week the State Legislature began the difficult task of keeping the ship of state afloat and on course, despite a $1.3 billion revenue shortfall for the current fiscal year and a gloomy forecast for the next one. One might think the enormous challenge we are facing would keep legislators focused on meaningful legislation to address the budget and other real and pressing matters, but you might be surprised.

The Legislature is only in session for roughly four months, meaning the time we have to work on resolving our state’s problems is very limited. That’s one reason we are surprised by some of the bills we are being asked to spend time considering during the current legislative session, bills which have nothing to do with our economic crisis and little to do with any real problem.

For example, one education bill proposed by a Republican legislator, HB 2814, will have no effect other than to waste time that could have been spent considering more useful proposals, because it duplicates requirements that are already in place. The bill would require that the state’s social studies curriculum include instruction on the Declaration of Independence, the U.S. Constitution and Bill of Rights, and selections from the Federalist Papers, the Emancipation Proclamation, the Gettysburg Address and Washington’s Farewell Address. It’s not a bad idea. That is why the Legislature voted several years ago to require that these things be taught every year during Freedom Week, and why they are already included in our textbooks.

Sometimes, the ideas contained in these frivolous, time-wasting bills are not good ones at all, leastwise not from a legal or Constitutional viewpoint. Such is the case with HB3219. This bill declares that the federal government has no authority within the state to regulate hazardous waste, air pollution, water pollution, oil, natural gas, petroleum or petroleum products, and would prohibit state agencies from enforcing federal environmental laws or regulations. Wishful thinking, perhaps, but on solid legal ground? No.

The same can be said of HB3218, which states that any product made in Oklahoma that does not leave Oklahoma is not subject to federal law or regulation. That’s an argument that might succeed in a high school debate, but which would be quickly dismissed in federal court.

Another legally unsound Republican proposal, HJR1063, states that any federal law or regulation could be declared “null and void” by a one-third vote of either the Oklahoma House of Representatives or Senate.

If these Republican legislators had done their homework, they’d have learned that the courts ultimately decide which level of government will prevail, and they always deem federal law to supersede state law. Measures such as this do nothing but waste the legislature’s time, and when they become laws and are challenged in court, they also waste taxpayers’ money.

Some of the bills might even invite laughter, if they were not so reprehensible. Such is the case with HJR1064, which calls for the repeal of the 17th Amendment to the U.S. Constitution. That’s the one that allows state residents to elect their U.S. Senators through a vote of the people. This Republican initiative proposes we return to the era when senators were selected by members of their respective state legislatures, and that a vote by one-third of the state legislature would be all that is required to remove a senator from office.

It’s interesting that one of their colleagues has proposed an amendment to the Oklahoma Constitution in HJR1056 which would require all Oklahoma courts to adhere to the U.S. Constitution, U.S. Code and federal regulations, along with the Oklahoma Constitution, laws and regulations. Of course, all Oklahoma judges already pledge to abide by these documents when they are sworn in, so the bill is unnecessary. It would also bar our courts from considering any convention or treaty the U.S. has signed and ratified, which would not only contradict federal law, but also the section of this proposed law requiring Oklahoma courts to conform to federal law.

At a time when lost jobs are counted in the tens of thousands, and Oklahoma is facing what may be the worst fiscal crisis its history, Democrats are concentrating on bills intended to create jobs an strengthen our economy. It is unfortunate our colleagues on the other side of the aisle are willing to waste so much time pandering to the fringe elements of their base while neglecting the serious issues we now face.