Is this how we expect our legislators react when they find themselves at odds with the people of thisstate? What is it about interacting with genuinely concerned citizens of Oklahoma that inspiresLiebmann to a nostril flaring fit of temper? I met the gentleman with genuine respect and warmth andwonder what he feels justifies this sort of reception.Rep Liebmann said that the bill was against the constitution and he would not hear it. Section 1 Article 8,the federal government has the right to collect taxes. One of the bill’s advocates replied that this billwould in no way interfere with the collecting of taxes for any legitimate, constitutional purpose.We wanted to know if adjustments were made to the language would there a chance for the bill to beheard. Liebmann said "Not in my committee, it won't"I told him that people were worried about the federal government overstepping and the reason that this bill is a popular one is that it would provide some definite means to protect our state from egregiousfederal mandates.The point was raised that the procedure that is required by this bill to arrive at the point where our taxeswould actually be held in escrow would be quite involved and require the majority of the state legislaturevotes in order to even begin the process.I asked the Representative if he thought it would have to be a very obvious overstepping on the part of thefederal government in order for such a consensus to even be possible and in that event wouldn't we wishwe had such a law to protect us? He didn’t seem to disagree on this point and added that the measurewould also require the signature of the Governor. Suffice it to say, no trivial matter would trigger this process of placing our tax monies in escrow, withheld against unconstitutional demands by D.C.The debate about the constitutionality of HB 2810 went back and forth for a bit longer with Liebmanninterjecting what appeared at first to be a non sequitur, but in truth, went straight to the heart of thematter;
“Do you know how many dollars we get for every one we give to the National Guard?
I confessed that Idid not know the answer.
“FOUR! Four dollars for every ONE we put in”
So, is HB 2810 unconstitutional or is it that he fears, and not irrationally so, that by passing such a bill our state might expect to incur the wrath of federal government in the form of withholding federal funds fromour state? This is not only a legitimate concern; it illustrates the catch 22 that the states are now under In 1997, Justice Scalia issued the court’s opinion on Printz v US, a case that closely examined our concept of federalism.Justice Scalia expressed;“It is incontestable that the Constitution established a system of dual sovereignty” andthat the states retained “a residuary and inviolable sovereignty.”"Our citizens would have two political capacities, one state and one federal, each protected from incursion by the other."
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