Dear Oklahoma Legislators:
On Saturday, Jan. 6th, there will be a kick-off for initiative
legislation being introduced to the Oklahoma Legislature by three
Oklahoma constitutional advocacy groups:
1. The "Oklahoma Protest", which is a resolution for the current session
of the Oklahoma Legislature to notify Congress that the 1910 Oklahoma
Legislature did not properly ratify the Sixteenth Amendment, and
2. Judicial accountability legislation patterned on the proposed
J.A.I.L. for Judges national legislation.
The meeting will get under way at 2 p.m. at "Freedom Hall" in Marland,
Oklahoma (old Marland school building), located at 612 N. Antelope. The
auditorium will comfortable seat 300. The meeting is open to the public;
there is no admission fee. Members of the Oklahoma Legislature are
particularly encouraged to attend.
Keynote speakers will include Alabama attorney Larry Becraft, who will
present evidence that the 1910 Oklahoma Legislature did not ratify the
Sixteenth Amendment, and Richard Cornforth of Oklahoma City, principal
author of the proposed judicial reform legislation.
Depending on his recovery from surgery, Bill Benson of Illinois may also
attend and speak. In 1984, Benson secured over 17,000 pages of documents
from archives of the 48 States of the Union at the time Congress
proposed the Sixteenth Amendment. According to Benson, no more than
three or four state legislatures approved the amendment as Congress
proposed it. Unfortunately, the U.S. Supreme Court has taken the
position that ratification of constitutional amendments is a political
question so for the last fifteen years has refused to consider clear
evidence that the Sixteenth Amendment was never properly ratified.
Becraft, Devvy Kidd of California and others established the Wallace
Institute in order to provide a funding vehicle to bring this and other
important issues into proper forums where they can be legislatively or
judicially determined on their merits. In November when Becraft
contacted leadership of constitutional advocacy groups in Tulsa,
Oklahoma City and North Central Oklahoma, the three groups, joining
forces under auspices of Oklahoma Constitutional Advocates, agreed to
sponsor the proposed resolution.
The Wallace Institute has contracted statewide radio coverage in order
to reach people throughout Oklahoma, then there will be a rally at the
Oklahoma Capitol on January 19th.
The Sixteenth Amendment was allegedly ratified by 38 states, with 36
needed to implement the amendment. The objective is to enlist
legislatures of at least three states to notify Congress that their
respective legislatures did not in fact ratify the Sixteenth Amendment
as it was proposed in 1909 and as it appears in current editions of the
Constitution. Oklahoma was selected as the initiative state because our
archives are so clear on the matter.
While the 1910 session of the Oklahoma House of Representatives
evidently thought an income tax amendment was a good idea, the version
Congress proposed wasn't acceptable so the House endorsed an amended
version that conflicted with the original. Subsequent to the House
passing it's proposed version, the Senate drafted its own version,
passed on that, then sent the Senate version to Congress. The Senate
version was not returned to the House for approval.
Kentucky will probably be the second state where the resolution is
proposed. In Kentucky, the House of Representatives approved the
proposed amendment, but the Senate voted it down. In spite of the clear
rejection, Kentucky was counted among the 38 states that allegedly
ratified the Sixteenth Amendment.
California, Illinois and Missouri are among candidate states for the
third initiative. While defects in their legislative processes aren't as
conspicuously flawed as in Oklahoma and Kentucky, their respective
legislatures clearly did not approve what now appears as the Sixteenth
Amendment.
Proposed judicial accountability legislation is nearly as important.
According to Cornfoth, the current judicial accountability forum has
effected removal of only four judges in the 33 years of its existence.
Because the forum is controlled by the law profession and is a more or
less secretive forum, it is all but impossible to secure recourse
against judges who cater to government and institutional powers or
otherwise evidence corruption. In a state where the entire Supreme Court
has twice been removed, over 200 county commissioners have been
prosecuted for kick-back schemes, and a former governor was prosecuted
for corruption, the probability of there being only four corrupt judges
in 33 years is slim to none. Those who have attempted to secure remedies
for judicial abuse are convinced that it is high time for the Oklahoma
Legislature to implement an accountability forum which isn't controlled
by attorneys and the judiciary.
The proposed legislation would establish an independent grand jury
comprised of non-attorneys to consider complaints against judicial
officers. The permanent special grand jury would be vested with the full
range of investigative powers and would provide a first step in the
litigation, removal and/or prosecution process. The Oklahoma City group,
headed by Cornforth, Mark Mayes, Pat Patton and others, is currently
soliciting sponsors in the Oklahoma Legislature.
Dan Meador
(580) 268-3422
P.O. Box 547
Marland, Oklahoma 74644
