Platform
2012 Constitution Party Platform
Adopted April 2012-Download
We declare the platform of the Constitution Party to be predicated on the principles of
The Declaration of Independence,
The Constitution of the United States and
The Bill of Rights
according to the original intent of the Founding Fathers. These founding documents are the foundation of our Liberty and the Supreme Law of the Land.
The sole purpose of government, as stated in the Declaration of Independence, is to secure our unalienable rights given us by our Creator. When Government grows beyond this scope, it is usurpation, and liberty is compromised.
We believe the major issues we face today are best solved by a renewed allegiance to the original intent of these founding documents.
PreambleThe Constitution Party gratefully acknowledges the blessing of our Lord and Savior Jesus Christ as Creator, Preserver and Ruler of the Universe and of the United States. We hereby appeal to Him for mercy, aid, comfort, guidance and the protection of His Providence as we work to restore and preserve the United States.
Sanctity of LifeThe Declaration of Independence states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We affirm the God-given legal personhood of all human beings from fertilization to natural death, without exception. The first duty of the law is to protect innocent life, created in the image of God. No government may legalize the taking of life without justification. Legalizing the termination of innocent life of the born or unborn, whether by abortion, infanticide, euthanasia or suicide, is a direct violation of their unalienable right to life. As to matters of rape and incest, we find it unconscionable to take the life of an innocent child for the crimes of his father. Bring Government Back Home“The closer civil government is to the people, the more responsible, responsive, and accountable it is likely to be. The Constitution, itself, in Articles I through VI, enumerates the powers which may be exercised by the federal government. Of particular importance is Article I, Section 8 which delineates the authority of the Congress. Character and Moral ConductJohn Adams, 2nd President and signer of the Declaration of Independence warned:
He also counseled:
Our very Constitution is threatened when we permit immoral conduct by our leaders. Public respect and esteem toward public officials has fallen to a shameful level. The Constitution Party finds that a cause of this national state of disgrace is the deterioration of personal character among government leaders, exacerbated by the lack of public outcry against immoral conduct by public office holders. Our party leaders and public officials must display exemplary qualities of honesty, integrity, reliability, moral uprightness, fidelity, prudence, temperance, justice, fortitude, self-restraint, courage, kindness, and compassion. If they cannot be trusted in private life, neither can they be trusted in public life. Congressional Reform“The Senators and Representatives … shall be bound by Oath or Affirmation, to support this Constitution”. - (US Constitution, Article 6, Clause 3) Conscription“No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” -(US Constitution, 5th Amendment) Conscription deprives a person of liberty without due process of law. This is clearly prohibited by the 5th amendment. Conscription is an involuntary taking of a person’s labor—which is a form of property—without just compensation as provided by the eminent domain provisions of the 5th amendment. Compulsory government service is incompatible with individual liberty. We oppose imposition of the draft, the registration law, compulsory military training or any other form of compulsory government service. We support a well-trained and highly organized volunteer state home militia, and voluntary Reserve Officer Training Corps (R.O.T.C.) military training in our schools, colleges, and universities. Constitutional ConventionWe affirm the original text of the United States Constitution and the Bill of Rights. We affirm that the nation’s Charter, the Declaration of Independence, and the Constitution contain the foundational law of the federal union. We condemn, therefore, all legislative, executive, and judicial action that departs from the texts and intent of the Charter and the Constitution and their original meaning. Copyrights and PatentsArticle I, Section 8 of the Constitution states that Congress shall have the power “to promote the progress of science and useful arts, by securing” copyright and patent protection for authors and inventors. Cost of Big GovernmentJames Madison said: “The powers delegated by the proposed Constitution to the federal government are few and defined.” -(Federalist Papers #45) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. -(Amendment X)
We could eliminate the debt more rapidly by selling certain lands and other federal assets, including foreign military bases, and applying the proceeds exclusively to debt reduction. CrimeSt George Tucker was the pre-eminent constitutional scholar of the American founding era. He published View of the Constitution of the United States in 1803 as a comprehensive review of the Constitution of 1787 and the Bill of Rights. “. . .the very guarded manner in which congress are vested with authority to legislate upon the subject of crimes, and misdemeanors. They are not entrusted with a general power over these subjects, but a few offenses are selected from the great mass of crimes with which society may be infested, upon which, only, congress are authorized to prescribe the punishment, or define the offense. All felonies and offenses committed upon land, in all cases not expressly enumerated, being reserved to the states respectively.” -(View of the Constitution of the United States, p. 210-211) DefenseThe very purpose of Government, as defined in the 2nd paragraph of the Declaration of Independence, is “to secure these [unalienable] rights, Governments are instituted among Men”, “that among these are Life, Liberty and the pursuit of Happiness.” To fulfill this obligation, the Preamble of the Constitution states one of the duties specifically delegated to the Federal Government is to “Provide for the common defense”. US Constitution, Article 1, Section 8, Clauses 11 - 16 give Congress further direction and authority in this area, including the power “To raise and support Armies” and “To provide and maintain a Navy”. Domestic Federal AidThe 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Drug AbuseThe 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” EducationSince the Constitution grants the Federal Government no authority over Education, the 10th Amendment applies:
WE SUPPORT THE PARENTAL RIGHT TO PROVIDE FOR THE EDUCATION OF THEIR CHILDREN:
WE SUPPORT ALTERNATIVE EDUCATION OPTIONS:
WE CALL FOR THE ELIMINATION OF THE FEDERAL DEPARTMENT OF EDUCATION:
WE OPPOSE ANY FEDERAL CONTROL OVER THE EDUCATION OF CHILDREN:
WE OPPOSE THE NO CHILD LEFT BEHIND ACT (NCLB Act) and RACE TO THE TOP AND CALL FOR THEIR REPEAL BY CONGRESS:
WE CALL UPON THE LEGISLATURES OF THE STATES TOexercise their sovereignty under the 10th Amendment to nullify the “No Child Left Behind” Act, and all regulations imposed by the Department of Education, and to reject federal monies for grades K-12. Election ReformUS Constitution, Article 1, Section 4, Clause 1: (*original spelling from Constitution) The Constitution Party seeks the restoration of an electoral process which is controlled at the state and local level and is beyond manipulation by federal judges and bureaucrats. The federal government has unconstitutionally and unwisely preempted control in matters of district boundaries, electoral procedures, and campaign activities. Electoral CollegeArticle II, Section I of the U.S. Constitution states, in part:
This established our Electoral College. EnergyJames Madison said:
-(Federalist Papers #45)
-(Amendment X) We call attention to the continuing need of the United States for a sufficient supply of energy for national security and for the immediate adoption of a policy of free market solutions to achieve energy independence for the United States. We call for abolishing the Department of Energy. EnvironmentJames Madison said:
-(Federalist Papers #45)
-(Amendment X) Executive OrdersArticle 1, Section 1 of the Constitution clearly restricts the power to make laws: “All legislative Powers herein granted shall be vested in a Congress of the United States”. Presidential Executive Orders are clearly “legislative powers”. FamilyNo civil government may legitimately authorize or define marriage or family relations, as affirmed by the 10th amendment, delegating to the people as our founders understood the family as necessary to the general welfare.
The law of our Creator defines marriage as the union between one man and one woman. The marriage covenant is the foundation of the family, and the family is fundamental in the maintenance of a stable, healthy and prosperous social order. No government may legitimately authorize or define marriage or family relations contrary to what God has instituted. We are opposed to any judicial ruling or amending the U.S. Constitution or any state constitution re-defining marriage with any definition other than the Biblical standard. Foreign Policy“Europe has a set of primary interests, which have to us none, or very remote relation. Hence, she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collusions of her friendships or enmities. “Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice?” -(George Washington’s Farewell Address) “I deem [one of] the essential principles of our government, and consequently [one] which ought to shape its administration,…peace, commerce, and honest friendship with all nations, entangling alliances with none.” -Thomas Jefferson—First Inaugural Address. Bergh 3:321. (1801.) “America has abstained from interference in the concerns of others, even when the conflict has been for principles to which she clings….She goes not abroad in search of monsters to destroy. She is the well-wisher to the freedom and independence of all. She is the champion and vindicator only of her own.” -(John Quincy Adams, Speech Delivered in Washington DC 04 July 1821) “In the wars of European powers in matters relating to themselves we have never taken any part, nor does it comport with our policy so to do….Our policy in regard to Europe…is, not to interfere in the internal concerns of any of its powers…” -(James Monroe, Monroe Doctrine) National Sovereignty: The United States is properly a free and sovereign republic which should strive to live in peace with all nations, without interfering in their internal affairs, and without permitting their interference in ours. We are, therefore, unalterably opposed to entangling alliances - via treaties, or any other form of commitment - which compromise our national sovereignty, or commit us to intervention in foreign wars. We are opposed to the negotiation or ratification of any treaty, agreement, or partnership that would deprive United States citizens of their rights protected by the United States Constitution. We are also opposed to any union whether political or economic, of the United States, Mexico, and Canada (NAU). To this end, we shall:
American troops must serve only under American commanders, not those of the United Nations or foreign countries. Pacts and Agreements: Since World War II, the United States has increasingly played the undesirable role of an international policeman. Through our involvements abroad our country is being changed from a republic to a world empire in which our freedoms are being sacrificed on an altar of international involvement. The United States is now committed by treaty to defend foreign nations in all parts of the world, and by agreements other than treaties to defend more. Therefore, we call upon the President, and Congress, to immediately commence a systematic withdrawal from these treaties and agreements, each of which holds the potential to plunge America into war in some far-flung corner of the earth. NATO, for instance, serves no defensive purpose for the United States, and this country should withdraw from it. Unconstitutional, Undeclared Wars: Since World War II, the United States has been involved in tragic, unconstitutional, undeclared wars which cost our country the lives of many thousands of young Americans. These wars were the direct and foreseeable result of the bi-partisan interventionist policy of both Democrat and Republican administrations. The Constitution Party is opposed to the continuation of the same interventionist policy, with that policy’s capacity to involve our country in repeated wars. We demand that:
Foreign Involvement: The Constitution Party has consistently opposed American involvement in conflicts in the Middle East, Africa, Asia, Europe, and Central and South America. The United States has no interest in these areas which would justify the sacrifice of Americans on foreign battlefields - nor is our country properly cast as a merchant of death in international arms races. We propose that the United States
We support the principle of the Monroe Doctrine, which expresses U.S. opposition to European adventurism in the Western Hemisphere. We call upon the Congress to immediately terminate American military presence in all foreign countries where such U.S. presence constitutes an invitation for this nation to become involved in, or further participate in, foreign wars. We are opposed to the negotiation or ratification of any treaty, agreement, or partnership that would deprive United States citizens of their rights protected by the United States Constitution. We are also opposed to any union whether political or economic, of the United States, Mexico, and Canada (NAU). Foreign Aid: Since World War II, the United States has engaged in the greatest international giveaway program ever conceived by man, and is now spending billions of dollars each year to aid foreign nations. There is no constitutional basis for foreign aid. These expenditures have won us no friends, and constitute a major drain on the resources of our taxpayers. Therefore, we demand that:
GamblingJames Madison said:
-(Federalist Papers #45)
-(Amendment X) Government/ Private Partnership“…what more is necessary to make us a happy and a prosperous people? …a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government. – Thomas Jefferson, First Inaugural Address – Wednesday, March 1, 1801 America was founded on the economic principles of the “free enterprise” system. An individual was free to operate his business under the law without government intervention and regulation. This economic system is being replaced by public (government) – private partnerships. This system is called fascism. The Constitution Party is opposed to public-private partnerships and is for a return to the true “free enterprise” system that once made our nation great and economically prosperous. Gun ControlThe 2nd Amendment strictly limits any interference with gun ownership by saying: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The right to bear arms is inherent in the right of self defense, defense of the family, and defense against tyranny, conferred on the individual and the community by our Creator to safeguard life, liberty, and property, as well as to help preserve the independence of the nation. The right to keep and bear arms is guaranteed by the Second Amendment to the Constitution; it may not properly be infringed upon or denied. The Constitution Party upholds the right of the citizen to keep and bear arms. We oppose attempts to prohibit ownership of guns by law-abiding citizens, and stand against all laws which would require the registration of guns or ammunition. We emphasize that when guns are outlawed, only outlaws will have them. In such circumstances, the peaceful citizen’s protection against the criminal would be seriously jeopardized. We call for the repeal of all federal firearms legislation, beginning with Federal Firearms Act of 1968. We call for the rescinding of all executive orders, the prohibition of any future executive orders, and the prohibition of treaty ratification which would in any way limit the right to keep and bear arms. Health Care and GovernmentJames Madison said: “The powers delegated by the proposed Constitution to the federal government are few and defined.” (Federalist Papers #45) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (Amendment X). The Constitution Party opposes the governmentalization and bureaucratization of American medicine. Government regulation and subsidy constitutes a threat to both the quality and availability of patient-oriented health care and treatment. Hospitals, doctors, and other health care providers should be accountable to patients - not to politicians, insurance bureaucrats, or HMO Administrators. If the supply of medical care is controlled by the federal government, then officers of that government will determine which demand is satisfied. The result will be the rationing of services, higher costs, poorer results - and the power of life and death transferred from caring physicians to unaccountable political overseers. We denounce any civil government entity using age or any other personal characteristic to: preclude people and insurance firms from freely contracting for medical coverage; conscript such people into socialized medicine, e.g., Medicare; or prohibit these people from using insurance payments and/or their own money to obtain medical services in addition to, or to augment the quality of, those services prescribed by the program. We applaud proposals for employee-controlled “family coverage” health insurance plans based on cash value life insurance principles. The federal government has no Constitutional provision to regulate or restrict the freedom of the people to have access to medical care, supplies or treatments. We advocate, therefore, the elimination of the federal Food and Drug Administration, as it has been the federal agency primarily responsible for prohibiting beneficial products, treatments, and technologies here in the United States that are freely available in much of the rest of the civilized world. We affirm freedom of choice of practitioner and treatment for all citizens for their health care. We support the right of patients to seek redress of their grievances through the courts against insurers and/or HMO’s. We condemn the misrepresentations made by the Federal Administration in securing passage of the recently enacted Medicare prescription drug bill, and the use of such legislation to secure government subsidies to special interests, such as the HMOs, and to protect the artificially high cost to consumers of prescription drugs. ImmigrationUS Constitution, Article 4, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; James Madison: “When we are considering the advantages that may result from an easy mode of naturalization, we ought also to consider the cautions necessary to guard against abuses … aliens might acquire the right of citizenship, and return to the country from which they came, and evade the laws intended to encourage the commerce and industry of the real citizens and inhabitants of America, enjoying at the same time all the advantages of citizens…” We affirm the integrity of the international borders of the United States and the Constitutional authority and duty of the federal government to guard and to protect those borders, including the regulation of the numbers and of the qualifications of immigrants into the country. Each year approximately one million legal immigrants and almost as many illegal aliens enter the United States. These immigrants - including illegal aliens - have been made eligible for various kinds of public assistance, including housing, education, Social Security, and legal services. This unconstitutional drain on the federal Treasury is having a severe and adverse impact on our economy, increasing the cost of government at federal, state, and local levels, adding to the tax burden, and stressing the fabric of society. The mass importation of people with low standards of living threatens the wage structure of the American worker and the labor balance in our country. We oppose the abuse of the H-1B and L-1 visa provisions of the immigration act which are displacing American workers with foreign. We favor a moratorium on immigration to the United States, except in extreme hardship cases or in other individual special circumstances, until the availability of all federal subsidies and assistance be discontinued, and proper security procedures have been instituted to protect against terrorist infiltration. We also insist that every individual group and/or private agency which requests the admission of an immigrant to the U.S, on whatever basis, be required to commit legally to provide housing and sustenance for such immigrants, bear full responsibility for the economic independence of the immigrants, and post appropriate bonds to seal such covenants. The Constitution Party demands that the federal government restore immigration policies based on the practice that potential immigrants will be disqualified from admission to the U.S. if, on the grounds of health, criminality, morals, or financial dependence, they would impose an improper burden on the United States, any state, or any citizen of the United States. We oppose the provision of welfare subsidies and other taxpayer-supported benefits to illegal aliens, and reject the practice of bestowing U.S. citizenship on children born to illegal alien parents while in this country. We oppose any extension of amnesty to illegal aliens. We call for the use of U.S. troops to protect the states against invasion. We oppose bilingual ballots. We insist that those who wish to take part in the electoral process and governance of this nation be required to read and comprehend basic English as a precondition of citizenship. We support English as the official language for all governmental business by the United States. The JudiciaryWe call attention to the following provisions of the Constitution: Article 3, Section 1: “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour”. Note that the tenure of Federal Judges is not for life, but merely “during good behaviour”. Also, Article 2, Section 4: “all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” “All civil officers” clearly includes Judges. And the Constitution says regarding jurisdiction: (Article 3, Section 2, Clause 2) “the supreme Court shall have appellate Jurisdiction … with such Exceptions, and under such Regulations as the Congress shall make.” Note that the Constitution gives Congress the power to make exceptions to the jurisdiction of the Supreme Court. And regarding the duty of Judges: (Article 6, Section 1, Clause 3) “all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution”. Which Constitution must they swear to support? The United States Constitution does not provide for lifetime appointment of federal judges, but only for a term of office during good behavior. We support Congressional enforcement of the Constitutional rule of good behavior and to restrain judicial activism by properly removing offending judges through the process of impeachment provided for in Article I, § 2 and 3 of the Constitution. Furthermore, Congress must exert the power it possesses to prohibit all federal courts from hearing cases which Congress deems to be outside federal jurisdiction pursuant to Article III, § 2 of the Constitution. We particularly support all the legislation which would remove from Federal appellate review jurisdiction matters involving acknowledgement of God as the sovereign source of law, liberty, or government. We commend Former Chief Justice Roy Moore of the Alabama Supreme Court for his defense of the display of the Ten Commandments, and condemn those who persecuted him and removed him from office for his morally and legally just stand. We deny the validity of judicial rulings that use foreign court rulings to overturn U.S. precedent. Money and BankingArticle 1, Section 8, Clause 5 grants only to Congress the power “To coin Money [and] regulate the Value thereof“, with no provision for such power to be delegated to any other group. Congress began immediately to fulfill this obligation with the Mint Act of 1792, establishing a US Mint for producing Gold and Silver based coin, prescribing the value and content of each coin, and affixing the penalty of death to those who debase such currency. Article 1, Section 10: “No State shall … coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts“. Thus, the Constitution forbade the States from accepting or using anything other than a Gold and Silver based currency. Money functions as both a medium of exchange and a symbol of a nation’s morality. The Founding Fathers established a system of “coin” money that was designed to prohibit the “improper and wicked” manipulation of the nation’s medium of exchange while guaranteeing the power of the citizens’ earnings. The federal government has departed from the principle of “coin” money as defined by the U.S. Constitution and the Mint Act of 1792 and has granted unconstitutional control of the nation’s monetary and banking system to the private Federal Reserve System. The Constitution Party recommends a substantive reform of the system of Federal taxation. In order for such reform to be effective, it is necessary that the United States:
It is our intention that no system of “debt money” shall be imposed on the people of the United States. We support a debt free, interest free money system. Personal and Private Property SecurityThe 4th Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fifth Amendment further protects property, by stating: “No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” We affirm the Fourth Amendment right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, including arbitrary or de facto registration, general and unwarranted electronic surveillance, national computer databases, and national identification cards. We also reaffirm that civil governments must be strictly limited in their powers to intrude upon the persons and private property of individual citizens, in particular, that no place be searched and no thing be seized, except upon proof of probable cause that a crime has been committed and the proper judicial warrant issued. We further reaffirm the common-law rule that protects the people from any search or seizure whatsoever when that search or seizure violates the Fifth Amendment right against self-incrimination. We deplore and oppose vigorously legislation and executive action that deprive the people of their Fourth and Fifth Amendment rights under claims of necessity to “combat terrorism” or to “protect national security.” We oppose legislation and administrative action utilizing asset forfeiture laws which enable the confiscation of the private property of persons not involved in the crime. Forfeiture of assets can only be enforced after conviction of the property owner as a penalty for the crime. Such forfeitures must follow full due process of law under criminal prosecution standards. We oppose the monitoring and controlling of the financial transactions of the people through such proposed laws as “Know Your Customer.” Banks should be repositories of treasure and fiduciaries for the people, not enforcers for the State. Any information regarding customer transactions the State obtains from banks must be subject to the traditional Fourth Amendment safeguards. We support privacy legislation that prohibits private parties from discriminating against individuals who refuse to disclose or obtain a Social Security number. We also call for legislation prohibiting all governmental entities from requiring the use of the Social Security number except for Social Security transactions. Additionally, we call for the repeal of all laws, regulations, and statutes that require the use of the Social Security number for any purpose other than Social Security transactions. Pornography, Obscenity and Sexually Oriented BusinessesPreamble of the US Constitution:
Samuel Adams said:
Pornography, obscenity and sexually oriented businesses are a distortion of the true nature of sex created by God for the procreative union between one man and one woman in the holy bonds of matrimony. This results in emotional, physical, spiritual and financial costs to individuals, families and communities. Religious FreedomArticle I of the Bill of Rights reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Our Constitution grants no authority to the federal government either to grant or deny the religious expressions of the people in any place. Both the First and Tenth Amendments forbid such tyranny. We call upon all branches of government to cease their attacks on the religious liberties of the people and the states, regardless of the forum in which these liberties are exercised. We assert that any form of taxation on churches and other religious organizations is a direct and dangerous step toward state control of the church. Such intrusion is prohibited by the Constitution and must be halted. We assert that private organizations such as the Boy Scouts of America, can determine their own membership, volunteers, and employment based on their oaths and creeds. Social SecurityThe Declaration of Independence declares “all men … are endowed by their Creator with certain unalienable Rights …That to secure these rights, Governments are instituted among Men …”
2. General Welfare is not the same as individual Welfare. General Welfare would benefit the people generally, individual Welfare targets a certain segment of society to benefit, such as the poor.
We support the right of individuals to choose between private retirement and pension programs, either at their place of employment or independently. StatehoodUS Constitution, Article I Section 8 Clause 17: “Congress shall have power …To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock Yards, and other needful Buildings…” Article IV Section 4: “The United States shall guarantee to every State in this Union a Republican Form of Government.” Article IV Section 4 Clause 3 “New States may be admitted by the Congress into this Union.” Northwest Ordinance of 1787 (re-enacted under Constitutional authority 1789) defined that all new states appropriately admitted will enter the nation on an equal footing with the original 13 states. We oppose any effort to confer statehood on the District of Columbia or any representation in Congress comparable to that of an independent state in the federal union. We oppose efforts to confer statehood upon the Commonwealth of Puerto Rico or expand statehood beyond the current fifty states. We acknowledge that each state’s membership in the Union is voluntary. We support the equal footing doctrine co-equal with the original thirteen states for all states coming into and having entered the Union as states. State SovereigntyThe 10th Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The Constitution delegated few, enumerated powers to the Federal Government, reserving all remaining powers to the States and the people. Thus, powers of the Federal were the exception. Our federal republic was created by joint action of the several states. It has been gradually perverted into a socialist machine for federal control in the domestic affairs of the states. The federal government has no authority to mandate policies relating to state education, natural resources, transportation, private business, housing, and health care, ad infinitum. We call upon the states to reclaim their legitimate role in federal affairs and legislation (See Amendment 10 United States Constitution) and thus cause the federal government to divest itself of operations not authorized by the Constitution and extract the federal government from such enterprises, whether or not they compete with private enterprise. enterprise. [To top of page] Tariffs and TradeArticle I, Section 8, of the Constitution states that Congress shall have the power “To regulate Commerce with foreign Nations.” Congress may not abdicate or transfer to others these Constitutional powers. We oppose, therefore, the unconstitutional transfer of authority over U.S. trade policy from Congress to agencies, domestic or foreign, which improperly exercise policy-setting functions with respect to U.S. trade policy. We favor the abolition of the Office of Special Trade Representative, and insist on the withdrawal of the United States from the North American Free Trade Agreement (NAFTA), the General Agreement on Tariffs and Trade (GATT), the World Trade Organization (WTO), and all other agreements wherein agencies other than the Congress of the United States improperly assume responsibility for establishing American trade policies. Article I, Section 8 provides that duties, imposts, and excises are legitimate revenue-raising measures on which the United States government may properly rely. We support a tariff based revenue system, as did the Founding Fathers, which was the policy of the United States during most of the nation’s history. In no event will the U.S. tariff on any foreign import be less than the difference between the foreign item’s cost of production and the cost of production of a similar item produced in the United States. The cost of production of a U.S. product shall include, but not be limited to, all compensation, including fringe benefits, paid to American workers, and environmental costs of doing business imposed on business by federal, state, and local governments. Tariffs are not only a constitutional source of revenue, but, wisely administered, are an aid to preservation of the national economy. Since the adoption of the 1934 Trade Agreements Act, the United States government has engaged in a free trade policy which has destroyed or endangered important segments of our domestic agriculture and industry, undercut the wages of our working men and women, and totally destroyed or shipped abroad the jobs of hundreds of thousands of workers. This free trade policy is being used to foster socialism in America through welfare and subsidy programs. We oppose all international trade agreements which have the effect of diminishing America’s economic self-sufficiency and of exporting jobs, the loss of which impoverishes American families, undermines American communities, and diminishes America’s capacity for economic self-reliance, and the provision of national defense. We see our country and its workers as more than bargaining chips for multinational corporations and international banks in their ill-conceived and evil New World Order. We reject the trade concept of normal trade relations (Most Favored Nation status), used to curry favor with regimes whose domestic and international policies are abhorrent to decent people everywhere, and which are in fundamental conflict with the vital interests of the United States of America. We strongly oppose unconstitutional “Trade Promotion Authority,” which transfers the establishment of trade policy from Congress to the Executive branch of government. In the name of free trade, multi-national corporations have been given tax breaks by the U.S. government which are not available to American businesses, and the money extracted from U.S. taxpayers has been used by the government to subsidize exports and encourage businesses to move abroad. Such improprieties must cease. The United States government should establish the firm policy that U.S. or multinational businesses investing abroad do so at their own risk. There is no obligation by our Government to protect those businesses with the lives of our service personnel, or the taxes of our citizens. In the area of national security, foreign interests have been abetted in gaining access to America’s high-tech secrets under the guise of commercial enterprise. We propose that technology transfers which compromise national security be made illegal, and urge that all violators be prosecuted. We demand that all weapons systems, military uniforms and equipment purchased for the American military be domestically produced in their entirety along with all their component parts. We oppose the practice of any officer of the United States government, or spouse thereof, who, subsequent to Federal government employment is employed to represent a foreign government or other foreign entity, public or private, for purposes of influencing public opinion or policy on matters affecting U.S. trade with such foreign government or entity. TaxesThe Constitution, in Article I, Section 8, gives Congress the power “to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.” In Article I, Section 9, the original document made clear that “no Capitation, or other direct Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken.” It is moreover established that “No Tax or Duty shall be laid on Articles exported from any State. Since 1913, our Constitutional rights to life, liberty, and property have been abridged and diminished by the imposition on each of us of Federal income, payroll, and estate taxes. This is an unconstitutional Federal assumption of direct taxing authority. The Internal Revenue Service is the enforcement arm of the Federal government’s present unjust tax system. Citizens, both in groups and as individuals, have repeatedly sought responses from the IRS bureaucracy as to the basis for the agency’s tax policies and procedures. No answers have been forthcoming although a responsible government must be answerable to the people and has a duty to those it is supposed to serve. We propose legislation to abolish the Internal Revenue Service, and will veto any authorization, appropriation, or continuing resolution which contains any funding whatsoever for that illicit and unconstitutional agency. We are opposed to the flat-rate tax, national sales tax, and value added tax proposals that are being promoted as an improvement to the current tax system. The Sixteenth Amendment does not provide authority for an un-apportioned direct tax. Moreover, it is our intention to replace, with a tariff based revenue system supplemented by excise taxes, the current tax system of the U.S. government (including income taxes, payroll taxes, and estate taxes.) To the degree that tariffs on foreign products, and excises, are insufficient to cover the legitimate Constitutional costs of the federal government, we will offer an apportioned “state-rate tax” in which the responsibility for covering the cost of unmet obligations will be divided among the several states in accordance with their proportion of the total population of the United States, excluding the District of Columbia. Thus, if a state contains 10 percent of the nation’s citizens, it will be responsible for assuming payment of 10 percent of the annual deficit. The effect of this “state-rate tax” will be to encourage politicians to argue for less, rather than more, federal spending, and less state spending as well. To the extent permitted by the Constitution, we believe that the taxation of corporations is an appropriate source of government revenue. The Supreme Court has defined “income” as a “gain or increase arising from corporate activity or privilege.” People are not corporations, and corporations need not be treated as “people” for the purposes of taxation. There is substantial evidence that the 16th Amendment was never legally ratified. When elected, we will act to cease collection of direct Federal personal income taxes. We also support ratification of the Liberty Amendment which would repeal the Sixteenth Amendment, and provide that “Congress shall not levy taxes on personal incomes, estates, and/or gifts.” We support the use of motor fuel excise taxes, at rates not in excess of those currently imposed, to be used exclusively for the erection, maintenance, and administration of Federal highways. These taxes should never be used for “demonstration projects”, mass transit, or for other non-highway purposes. We support the use of excise taxes to curb the use of tax dollars for media advertising, and to provide so-called “tax abatements,” “tax incentives,” and “economic development grants,” which are pretexts to raid the public treasury and rob the workingman for the benefit of wealthy interests favored by the politicians. Terrorism and Personal LibertyThe Bill of Rights is the first 10 amendments to the Constitution. Because we will refer to the fourth and fifth amendments, let’s read them in their entirety: Amendment IV: ”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment V: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Note there is no exception to these rights provided for war or public danger. Article 1, Section 9, Clause 2: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The threat of Terrorism has not been claimed to be a rebellion or an invasion. America is engaged in an undeclared war with an ill-defined enemy (terrorism), a war which threatens to be never ending, and which is being used to vastly expand government power, particularly that of the executive branch, at the expense of the individual liberties of the American people. The “war on terrorism” is serving as an excuse for the government to spend beyond its income, expand the Federal bureaucracy, and socialize the nation through taxpayer bailouts of the airlines, subsidies to the giant insurance corporations, and other Federal programs.We deplore and vigorously oppose legislation and executive action that deprive the people of their rights secured under the Fourth and Fifth Amendments under the guise of “combating terrorism” or “protecting national security.” Examples of such legislation are the National Security Act, the USA PATRIOT Act, the proposed Domestic Securities Enhancement Act (colloquially known as “Patriot II”), the Military Commissions Act, the National Defense Authorization Act and especially the creation of the Department of Homeland Security. We further oppose any other governmental action that would deprive persons of life, liberty or property without due process of law.
VeteransPresident George Washington stated: “The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportionate to how they perceive the veterans of earlier wars were treated and appreciated by their country”. The Constitution Party appreciates the contributions of our servicemen and veterans to the preservation of American freedom. We shall continue to recognize their contributions to the national welfare by providing equitable pay and benefits to our military personnel, and generous health, education, and other benefits to veterans. We vigorously resist the attempt by any government agency to nullify or reduce earned benefits to veterans and their survivors, including but not limited to, compensation, pensions, education, and health care. Wage and Price ControlThe Declaration of Independence declares the purpose of Government is “to secure these Rights“, these unalienable rights such as Liberty. Nothing in the Constitution, writings of the Founders, or in logic, can imagine a God-given right to earn a specific wage or buy at a specific price. We deny that civil government has the authority to set wages and prices; so doing is inconsistent with principles of individual liberty and the free market. WelfareThe Declaration of Independence declares “all men … are endowed by their Creator with certain unalienable Rights …That to secure these rights, Governments are instituted among Men …“ The Preamble of the US Constitution shows how these rights are to be secured including “provide for the common defense, promote the general Welfare“. Two clear distinctions should be made here: 1. Provide implies actively and financially supporting, promote implies a more passive approach.
Providing Individual Welfare is not authorized in the Constitution. God, who endows us with life, liberty, property, and the right to pursue happiness, also exhorts individuals to care for the needy, the sick, the homeless, the aged, and those who are otherwise unable to care for themselves. America’s welfare crisis is a government-induced crisis. Government social and cultural policies have undermined the work ethic, even as the government’s economic and regulatory policies have undermined the ability of our citizens to obtain work. Charity, and provision of welfare to those in need, is not a Constitutional responsibility of the federal government. Under no circumstances should the taxpayers of the United States be obligated, under penalty of law through forced taxation, to assume the cost of providing welfare for other citizens. Neither should taxpayers be indentured to subsidize welfare for persons who enter the United States illegally. The message of Christian charity is fundamentally at odds with the concept of welfare maintenance as a right. In many cases, welfare provisions by the Federal government are not only misdirected, but morally destructive. It is the intended purpose of civil government to safeguard life, liberty and property - not to redistribute wealth. Such redistribution is contrary to the Biblical command against theft. We encourage individuals, families, churches, civic groups and other private organizations, to fulfill their personal responsibility to help those in need.
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“The closer civil government is to the people, the more responsible, responsive, and accountable it is likely to be. The Constitution, itself, in Articles I through VI, enumerates the powers which may be exercised by the federal government. Of particular importance is Article I, Section 8 which delineates the authority of the Congress.
The federal government was clearly established as a government of limited authority. The Tenth Amendment to the Constitution specifically provides that: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Over time, the limitations of federal government power imposed by the Constitution have been substantially eroded. Preservation of constitutional government requires a restoration of the balance of authority between the federal government and the States as provided in the Constitution, itself, and as intended and construed by those who framed and ratified that document.
We pledge to be faithful to this constitutional requirement and to work methodically to restore to the States and to the people their rightful control over legislative, judicial, executive, and regulatory functions which are not constitutionally delegated to the federal government.
We stand opposed to any regionalization of governments, at any level, which results in removal of decision-making powers from the people or those directly elected by the people.