Oklahoma Enemies
The Department of Human Services operates the Child Support Enforcement Division.
The Chickasaw Nation operates its own Child Support Enforcement Division. It appears that Native American tribes are just as willing to sell the rights of their members for federal funds as the states are. I would caution the tribes that there is a Supreme Court ruling, United States v. Choctaw Nation, (1904) 193 U. S. 115, 48 L. Ed. 640, 24 S. Ct. 411 found that the Emancipation Proclamation and the Thirteenth Amendment liberated the black slaves then owned by those tribes that sided with the Confederacy in the Civil War. There is a decision by the predecessor to the United States District Court for the District of Alaska that freed a Native Alaskan from slavery on the grounds that however traditional the institution may be in a native culture, it is no longer allowed when that culture is incorporated into the United States. In re Sah Quah, (D.C. Alaska 1886) 31 F. 327, 331. To the extent that the Chickasaw Nation and the other tribes listed as being served by its agency are enforcing state orders, these orders are null and void under 42 U.S.C. §1994. Even if a support order is strictly a tribal order and not the act of a state or territory, enforcement is the crime defined by 18 U.S.C. §1581 and 18 U.S.C. §1584. Native Americans have as much right to be free from involuntary servitude as all other Americans and tribes have no more right than states to impose involuntary servitude.
Tim D. Kuykendall, District Attorney for Cleveland, Garvin, and McClain Counties operates his own Child Support Program through Cindy Allen, the District 21 Child Support Director.
Mitch Sperry, District Attorney for Carter County operates his own Child Support Enforcement Division.
Article II Section 2 of the Oklahoma Constitution declares all people to have inherent rights, including the right to the enjoyments of the gains of their own industry.
Article II Section 7 of the Oklahoma Constitution is the state Due Process Clause.
Article II Section 9 of the Oklahoma Constitution prohibits excessive fines and bails and cruel and unusual punishments.
Article II Section 13 of the Oklahoma Constitution prohibits imprisonment for debt except for fines and penalties.
Article II Section 25 of the Oklahoma Constitution provides for legislative definition of contempts, but requires that in all cases where contempt occurred out of the presence or hearing of the court, the right to a jury as to the fact of contempt. Nonpayment of alimony or child support would be an out of court contempt. Unless it is considered a fine or penalty, then Article II Section 13 by its plain language prohibits the enforcement of alimony or child support with contempt proceedings.
Article II Section 26 of the Oklahoma Constitution declares the right of a citizen to keep and bear arms for purposes of defense with an exception allowing legislative regulation of carrying weapons.
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