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DO YOU HAVE QUESTIONS REGARDING SF-104?

1. The Wyoming Constitution

Article 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 their
peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible
right 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 public
instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and
professional departments as the public good may require and the means of the state allow, and such other institutions as
may 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 legislature's responsibility to provide for the establishment...of public instruction
        OR is it the legislature's 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, whose
powers 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' Views

Nothing 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 constitution's 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?
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, and
happiness;)
> For the advancement of these ends they have at all times an INALIENABLE and INDEFEASIBLE RIGHT to
ALTER, 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 someone
who 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, " Education
is 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 so
with 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.
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 1
which 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 www.repealsf104.com
   This message brought to you by the Constitution Party of Wyoming PAC to repeal SF-104
Those Who Voted for SF-104


SENATORS:                      REPRESENTATIVES:
Anderson JD SO2                Barlow
Anderson JL S28                Berger
Barnard                        Blake
Bebout                         Blevins
Christensen                    Blikre
Coe                            Brown
Craft                          Burkhart
Driskill                       Byrd
Emerich                        Campbell
Esquibel, F.                   Cannady
Hastert                        Coleman
Hicks                          Connolly
Johnson                        Eklund
Landen                         Esquibel, K.
Nicholas P                     Filer
Perkins                        Freeman
Ross                           Goggles
 Rothfuss                      Greear
Schiffer                       Greene
Scott                          Harshman
Von Flatern                    Harvey
                               Kasperik
                               Krone
                               Larsen
                               Lockhart
                               Lubnau
                               Madden
                               Moniz
                               Nicholas B.
                               Northrup
                                Patton
                                Petroff
                               Stubson
                               Teeters
                               Throne
                               Wallis
                               Walters
                               Zwonitzer, Dn.
                               Zwonitzer, Dv

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SF 104 Q/A

  • 1. DO YOU HAVE QUESTIONS REGARDING SF-104? 1. The Wyoming Constitution Article 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 their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right 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 public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may 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 legislature's responsibility to provide for the establishment...of public instruction OR is it the legislature's 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, whose powers 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' Views Nothing 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 constitution's 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, and happiness;) > For the advancement of these ends they have at all times an INALIENABLE and INDEFEASIBLE RIGHT to ALTER, 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 someone who 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, " Education is 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 so with 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 1 which 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 www.repealsf104.com This message brought to you by the Constitution Party of Wyoming PAC to repeal SF-104
  • 4. Those Who Voted for SF-104 SENATORS: REPRESENTATIVES: Anderson JD SO2 Barlow Anderson JL S28 Berger Barnard Blake Bebout Blevins Christensen Blikre Coe Brown Craft Burkhart Driskill Byrd Emerich Campbell Esquibel, F. Cannady Hastert Coleman Hicks Connolly Johnson Eklund Landen Esquibel, K. Nicholas P Filer Perkins Freeman Ross Goggles Rothfuss Greear Schiffer Greene Scott Harshman Von Flatern Harvey Kasperik Krone Larsen Lockhart Lubnau Madden Moniz Nicholas B. Northrup Patton Petroff Stubson Teeters Throne Wallis Walters Zwonitzer, Dn. Zwonitzer, Dv