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SF 104 Q/A



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  • 1. DO YOU HAVE QUESTIONS REGARDING SF-104?1. The Wyoming ConstitutionArticle 1, Section 1. Power inherent in the people.All power is inherent in the people, and all free governments are founded on their authority, and instituted for theirpeace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasibleright to alter, reform or abolish the government in such manner as they may think proper. ? Does SF-104 violate Article 1, Section 1 by usurping your vote?Article 7, Section 1. Legislature to provide for public schools.The legislature shall provide for the establishment and maintenance of a complete and uniform system of publicinstruction, embracing free elementary schools of every needed kind and grade, a university with such technical andprofessional departments as the public good may require and the means of the state allow, and such other institutions asmay be necessary. ? What is your definition of "provide" 7 (Merriam-Webster Dictionary: a : to supply or make available (something wanted or needed) <provided new uniforms for the band>; also : afford <curtains provide privacy> b : to make something available to <provide the children with free balloons>) Does provide equate to complete control? ? Is it the legislatures responsibility to provide for the establishment...of public instruction OR is it the legislatures responsibility to establish...public instruction?Article 7, Section 14. Supervision of schools entrusted to state superintendent of public instruction.The general supervision of the public schools shall be entrusted to the state superintendent of public instruction, whosepowers and duties shall be prescribed by law. What is your definition of "general supervision"? (Merriam-Webster Dictionary "general" includes: 1: involving, applicable to, or affecting the whole and "supervision" states: the action, process, or occupation of supervising; especially: a critical watching and directing (as of activities or a course of action) ? The legislature may prescribe powers and duties of the Superintendent of Public Instruction (SOPI), but, may they transfer the offices powers and duties to another? Would that require a constitutional amendment? And at what point does the office of the SOPI become meaningless regarding general supervision of schools?2. Proponents ViewsNothing has been done differently to the SOPI than was done to the State Auditor, see Article 7, Section 14 above. ? Is there any such corresponding section in the Wyoming Constitution for State Auditor as there is for the SOPI?The legislature has complete control over education: ? If the constitutions authors had desired the legislature to have complete control of education why would they have established the elected office of the SOPI? ? Does the Washakie County School District No. 1 v Herschler case refer to funding or supervision of schools?3. Final Thoughts ? Did the actions of the legislature make the presumption that Wyomingites are not capable of making informed voting decisions? ? Are the people of Wyoming being punished because of personality conflicts in Cheyenne? ? Are your legislators representing you OR are they governing you?
  • 2. From Jennifer:The Constitution is our CONTRACT> Article 1 Section 1> (Our inalienable rights - the most important thing the framers wanted to say!)> ALL POWER is INHERENT in the PEOPLE> And ALL free governments are founded on THEIR AUTHORITY (and instituted for their peace, safety, andhappiness;)> For the advancement of these ends they have at all times an INALIENABLE and INDEFEASIBLE RIGHT toALTER, REFORM, or ABOLISH the government in such a manner as THEY may think proper.> (- a government of the people, by the people, and for the PEOPLE SHALL NOT PERISH FROM THE EARTH)> IN WYOMING> THIS FUNDAMENTAL VALUE> IS BEING TESTED.> SF104 Represents a SIGNIFICANT change in govt structure -> For example:> Article I Section I> -Power inherent in the People> ***-SF104 TAKES YOUR VOTE AWAY> -Leg can not take your vote away - only the people can alter govt> Article 7 Section 14> -Supervision of schools entrusted to the Superintendent of Public Instruction> -The general supervision> (Of the public schools shall be entrusted to the State Superintendent of Public Instruction)> ....WHOSE powers and duties shall be prescribed by law.> ***SF104 gives or transfers these duties by law to an appointed bureaucrat> Legislature CAN ADD or REMOVE duties - but NOT GIVE or TRANSFER duties through LAW> A TRANSFER requires a CONSTITUTIONAL CHANGE> -People expect that the Constitution requires THE PEOPLE EXERCISE THROUGH THEIR VOTE someonewho supervises public schools> Article 2 Section 1> - Separation of Powers (powers are to balance & check one another)> "When the chief executive -the governor acquiesces or concedes to the legislature,> ***he did not protect the executive branch.> Governor has a constitutional duty to protect the executive branch. --- The governor asserts, " Educationis controlled by the Legislature."> THE ARGUMENT RE: State Auditor, and, also Washakie case> - Auditor was never given in our constitution "general supervision over auditing of the state." Not sowith the Superintendent ..."The general supervision"> (Of the public schools shall be entrusted to the State Superintendent of Public Instruction)> -The Washakie case focused on school funding. legislature to provide for school funding.
  • 3. SIGN THE P ETITION REPEAL SF104 SUNDAY, APRIL 14, Noon-3:00 pm TORRINGTON Goshen County Fairgrounds, Brand Room LINGLE Legion Hall SUNDAY, APRIL 21, Noon 3:00 pm - FORT LARAMIE Senior Center LAGRANGE Community Center AND EVERY MONDAY, 5:00-6:00 pm, Brand Room starting April 22 This referendum seeks to repeal 2013 Senate Enrolled Act 1which amended the duties of, and transferred specified duties from, the state superintendent of public instruction to the director of the state department of education If you have questions or would like more information please call 307-534-5631 or This message brought to you by the Constitution Party of Wyoming PAC to repeal SF-104
  • 4. Those Who Voted for SF-104SENATORS: REPRESENTATIVES:Anderson JD SO2 BarlowAnderson JL S28 BergerBarnard BlakeBebout BlevinsChristensen BlikreCoe BrownCraft BurkhartDriskill ByrdEmerich CampbellEsquibel, F. CannadyHastert ColemanHicks ConnollyJohnson EklundLanden Esquibel, K.Nicholas P FilerPerkins FreemanRoss Goggles Rothfuss GreearSchiffer GreeneScott HarshmanVon Flatern Harvey Kasperik Krone Larsen Lockhart Lubnau Madden Moniz Nicholas B. Northrup Patton Petroff Stubson Teeters Throne Wallis Walters Zwonitzer, Dn. Zwonitzer, Dv