Individual Liberty — Individual Responsibility 

The Republican platform I'd like to see

I've thought about this off and on for a while. I'd like to see some changes in the way that the Republican party goes about seeking my vote. I don't expect to see these things, but I'd like them to commit to a particular platform based upon some principles that I've come to believe in over the years. I confess that I don't really understand all of the nuances, and that some of my ideas may be quite naive. Feel free to instruct me in the comments. Nevertheless, I think that our platform should be based upon the Constitution and not upon the mood of the moment. First the details, and then, the condensed version…

1. Retire the National Debt.

   The national debt is too high. We're spending money faster than we take it in and it seems that this is a perpetual problem. According to some estimates I've seen the current national debt is something like $30,000.00 or more per person. I don't know what the actual rate per person is, but it's obvious to everyone, left and right, that it's too high.

   1. Let's start with real spending cuts.

      All too often we hear about "draconian" spending cuts from our politicians. When you examine the so-called cuts what you actually find is that spending is still increasing. That doesn't fit my definition of a cut. Oh, perhaps technically it's a cut when you decrease the rate of increase in spending, since you're cutting the rate of increase, but to me a real spending cut means less spending.

      I'm tired of politicians merely cutting the rate of increase in government spending and saying that they've "really worked hard" to cut spending but it just "can't be done". If we don't cut spending soon, we'll bankrupt our children and their children. We really need to eliminate programs that are non-essential. What I mean by non-essential I'll get to in a bit.

   2. Let's tax everyone evenly.

      Eliminate ALL tax deductions, whether they're for mortgage interest, state tax payments, or even charitable contributions. There should be no loopholes at all. The tax code would be much simpler without all of this extra baggage. There'd be less need of tax accountants and it would be much harder to evade our federal taxes if the tax code were straightforward.

      While we're at it, we should eliminate all tax "rebates" and "credits". Nobody should receive money from the federal government that they didn't pay in to the federal government in the first place. Everyone should be taxed the same. If that means that "the rich" get a break, fine. If that means that "the poor" have to actually pay some taxes, fine. I know it's not a popular idea among the socialists out there, but doesn't fairness dictate that we all pay our share? Equally?

      I seem to recall that the inalienable rights granted to us by our Creator and enumerated in the Declaration of Independence included the "right to pursue happiness". I don't think that they believed that we had a "right to happiness", but a right to "pursue happiness". Equality of opportunity, not equality of outcome.

2. Recognize that the federal power to lay taxes is authorized for specific purposes, and limit that power to those purposes.
   1. To pay the debts of the United States (see item 1 above).
   2. To provide for the common Defense

      I hear it from liberals and the left all the time "our National Debt wouldn't be so high if we didn't spend so much on the military and on war". They would prefer that we spend the money that the federal government takes in on anything else, neglecting to note that this is actually the business of the federal government.

   3. To provide for the general welfare of the United States

      That does not mean to provide for the general welfare of the poor, or to provide free health coverage for all. The Constitution, and even our courts make a distinction between "The United States", "the several States", and "The People". The Constitution authorizes congress to lay taxes to provide for the general welfare of "The United States", and NOT the people. The people are the responsibility of "the several States". Recall that James Madison, speaking to the House of Representatives on January 10, 1794 had this to say…

      [T]he government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government.

      Remember too, these words, also from James Madison a mere two years earlier if there's any doubt that the founders did not mean "the general welfare of the people"…

      If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.

      The founders intended our Constitution to limit the powers of government. A responsible interpretation of "the General Welfare" would be to pay for all of those things that the federal government is responsible for providing to the States, rather than to offer charity to the people.

   The Republican Party platform should include a pledge to only raise taxes for the legitimate, Constitutionally authorized purposes that the power was granted to Congress for in the first place. Things like the common defense. Things like protecting our borders from invasion by people that seek to come here in defiance of our laws. Things like supporting the State governments when its necessary to put down domestic violence. Things like fulfilling the guarantee of a Republican form of government to the States.

3. Recognize that although the Constitution grants Congress the power to borrow money on the credit of the United States that it's unwise to borrow what you cannot afford to pay back.

   What bank would lend money to someone that refuses to pay it back? What bank would lend money to someone that lives well beyond their means? Is this how our federal government should be managing its finances? The Republican Platform should include a pledge to restrict federal borrowing until the current national debt is retired, only then should federal borrowing be permitted again, and only for the legitimate, Constitutionally authorized needs of government.

4. Stop regulating intra-State commerce

   The Constitution doesn't give the federal government the power to regulate commerce that occurs completely within the boundaries of any State. It does give the federal government the power to regulate commerce between the States. It does give the federal government the power to regulate commerce with other nations. Those are rightly the province of the federal government's power to regulate commerce. By regulating commerce between the States Congress can provide for the "General Welfare" of the United States. Congress has no business meddling with commerce within the States.

   The Republican Party platform should recognize this and strive to do away with regulations that affect commerce that does not cross State lines. This includes a repeal of federal minimum wage laws, or at the very least confining their reach to businesses that do business in more than one state. That would mean that a local restaurant chain for example would be exempt from such laws while a national restaurant chain (such as a McDonalds or Burger King) could legitimately be subject to them.

5. Fix the illegal immigration problem once and for all

   I'm not talking about "comprehensive immigration reform". I'm talking about enacting laws with teeth. Laws that aren't enforced may as well not be on the books. Laws that are so convoluted as to defy understanding are unjust. Border fences that only cover a small portion of the border are worthless, even as symbolic gestures. Congress has the power, and indeed the responsibility to establish a "uniform" Rule of Naturalization. It's time that one was established. It's also time we started deporting people that break our immigration laws. Amnesty is not the answer, it's part of the problem. Note well that nothing in this statement says anything against "legal" immigration, just against the invasion implied by crossing our borders without complying with our laws regarding them.

6. Stop rewarding irresponsible borrowing

   Congress has the power to establish "uniform Laws on the subject of Bankruptcies throughout the United States". Perhaps it's time to return a little uniformity to those laws. Crafting "bail-out" plans for people that borrowed money that they couldn't afford to pay rewards irresponsible borrowing. I feel for the people that lost their homes, but they should have bought homes that they could afford. Perhaps bankruptcy is the correct result? The federal government has no business handing out charity. Bailing out people that make foolish decisions merely encourages more people to make the same foolish decisions.

7. Return to a stable currency standard and abolish the federal reserve

   It's Congress' duty to coin Money. It's Congress' duty to establish the value of our currency. It's Congress' duty to establish the relationship between our currency and that of other nations. There is no standard upon which the value of our currency rests anymore. Instead a group of unelected men determine interest rates to tighten or loosen the money supply. Instead our currency is traded on international markets with no regulation of its value. We pump our dollars overseas to purchase goods and don't purchase them back with other goods. We borrow heavily to run our government's entitlement programs and to make up for shortfalls in revenue while we continue to increase spending and the dollar weakens relative to other currencies.

   The Republican Party platform should include a return to the Constitutionally mandated responsibility of Congress to establish the value of our currency. It should strive to establish a true standard of value and tie the value of our currency to it. Let our treasure be treasure once more. If we don't have enough of it, perhaps we'll return to the discipline that builds it.

8. Do something about foreign counterfeiting

   Congress has the power to punish counterfeiting of our Currency. We know that some foreign governments have sought to devalue our currencies through counterfeiting. Surely using the power to regulate trade with foreign nations there are sanctions we can place upon those governments that engage in this practice. Why grant "foreign aid" to our enemies anyway? Why do business with them, or allow our citizens to do so?

9. We've already got a solid postal system and a reasonable system of roads — let's keep it that way.
10. Clean up the "Patent" and "Copyright" processes

    Patenting "cell lines"? Patenting genes? Patenting algorithms? Are these things really worthy of patents? What about "frivolous" patents? Or patents for things that are never actually built by their "inventors"? Doesn't prior art mean anything?

    Doesn't the Constitution say "securing for limited Times" the exclusive right to writings and discoveries? Isn't it a bit ridiculous to grant copyright to a work for a hundred years or however long it is that companies like Disney or members of the RIAA hold their copyrights? Doesn't knowledge eventually belong to us all?

11. We've got a federal court system inferior to the Supreme Court

    Shouldn't we populate the bench? The Republican Party should commit to striving to ensure that EVERY judicial nominee gets an up or down vote in the Senate. The Republican Party should FIGHT every attempt to filibuster a judicial nominee, not compromise over certain ones or give up its principles to get a few confirmed.

12. Retain our sovereignty over our territorial waters

    Giving up the authority over our people and our use of our territorial waters to an international tribunal should be anathema to Republicans. It's Congress' responsibility to define offenses and punishments for Piracy and Felonies committed on the High Seas. It's Congress' responsibility to define and punish offenses against the law of Nations. We should not abdicate that power and responsibility of a sovereign nation to any international tribunal.

13. Declare war rather than merely "authorize the use of force"

    Perhaps the biggest problem our nation has regarding our "wars" these days is that Congress merely authorizes the use of force rather than explicitly declaring war. It seems to me that this failure to clearly declare our wars opens up all manner of opportunity for mischief. Republicans should see to it that we define clearly and stick to the rules of engagement in wartime. It's easier to see that a declared war cannot simply be "ended by withdrawing our troops". A declared war almost requires a peace treaty signed by the Executive and ratified by the Senate. If the United States goes to war, she should mean it rather than quitting or simply walking away without a definite resolution.

14. Fully fund our military, especially in times of war

    Congress has the power to raise Armies, but Congress is also limited in the length of time that any appropriation for our Armies can be made. No appropriation for our military can exceed two years. No Representative's term can last for more than two years. Only the House of Representatives can originate a bill raising revenue.

    It follows that it is the responsibility of the House of Representatives after every election to fund the Armies of the United States if we are at war. This is all the more important when a preceding Congress has actually declared a war. Failing to fund the military when they are engaged in a war is folly. If Congress has no stomach for war then either Congress should not declare war (or authorize the use of force), or Congress should plead with the Executive to sue for peace. But Congress should not neglect its duties.

    Implicit in the power to raise Armies is the power to disband them. In a world full of danger this seems to be a silly thing to do. I doubt that any politician would seriously entertain this idea in today's world. Considering this, even in peacetime Congress should continue to fund the military. However, since no appropriation for this purpose can be for a longer term than two years, all defense contracts should be limited to two years in duration. Fears of a powerful military-industrial complex could be allayed if all defense contracts had to be re-negotiated every two years at the pleasure and with the oversight of Congress.

15. Get rid of "don't ask, don't tell"

    Congress has the power to "make Rules for the Government and Regulation of the land and naval Forces". Rather than bickering about whether the Executive branch should set policies like this or not, Congress should take the responsibility and establish its own policy. It was never the responsibility of the Executive, and in fact that power is not granted to the Executive.

16. Get rid of laws that prevent the National Guard from being used to enforce federal laws, and protect our borders.

    Congress has the power and authority to "provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions". It would seem to me then, that Congress can authorize the National Guard to repel illegal immigrants at our borders. Illegal immigration is nothing short of an invasion of our sovereign territory by foreign nationals and should be treated as such. Euphemisms like "guest workers" and "undocumented immigrants" are simply an attempt by those unwilling to face this fact to avoid having to deal with it. If Congress doesn't want to deal with it, then Congress should enact legislation to change our rule of Naturalization (See items 2 and 5 above). Otherwise, Congress should see to it that our borders are defended, using the National Guard if necessary.

17. Stop trying to make the District of Columbia a State, or to pretend that it is.

    Congress is granted the 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". It is plain from this wording that the District is NOT a State, AND IS NOT INTENDED TO BE a State. Since it is not a State, the District of Columbia is NOT ENTITLED to voting representation in the House of Representatives or the Senate. Citizens of Washington D.C. are not citizens of any State. They are not however required to remain as citizens of the District of Columbia. They are free to move to one of the several States if they wish. They choose to live in the District just as the rest of us choose where we live. If they wish representation then they should move.

    The Republican Party platform should either resist all attempts to treat the District of Columbia as a State without actually allowing it to be one, or encourage the Citizens of the District of Columbia to apply for Statehood. Failing that, if Republican's truly believe that an injustice is being visited upon the residents of the District of Columbia, the seat of our Nation's government then they should push for a Constitutional Amendment repealing this particular part of the Constitution and returning the District to the States from whence it came.

18. Abolish federal bureaucracies which are not provided for in the Constitution

    Do away with the Department of Education. The federal government is not authorized in the Constitution to manage education in any way. This is a power left to the States (See the tenth Amendment). The States should be let manage Education as fits the needs of their citizens.

    Similarly programs like Social Security (what is the government doing involved in the insurance business anyway or running a Ponzi scheme?) and Medicare should be abolished. The federal bureaucracy surrounding these programs cannot sustain itself without ever more tax revenues, and as noted earlier, it is not the business of the federal government to engage in charity. It should be part of the Republican Party platform to leave such matters to the States as a matter of policy, and to return our federal government to the principles of sane fiscal management.

    Conservatives may not like it, but this also includes much of federal "drug law". The Constitution doesn't grant the federal government the power to regulate the production or consumption of drugs within the States. Congress does have the power to prohibit the importation or exportation of narcotics and other drugs if they wish, and to prevent their passage between the States. Congress does not have the authority to regulate purely intrastate production and consumption of such drugs though.

    I'm not advocating for the legalization of these drugs. Rather, I'm advocating for returning the authority to regulate them within the borders of any state to the States. Thus, if States such as Washington, Oregon, or California choose to allow the medical use of Marijuana then that should be entirely up to the government of those States. Federal law regarding the international smuggling of drugs or the interstate commerce in drugs could and should remain in place.

19. Finally, enact legislation restricting the jurisdiction of the federal bench and the Supreme Court.

    Congress is explicitly given power over the Jurisdiction of the federal courts. Congress cannot change the court's original jurisdiction over cases involving "Ambassadors, other public Ministers and Consuls or and those in which a State shall be Party", but Congress has the power to remove the federal court's jurisdiction over all other matters. Congress should USE this authority to reign in an out of control judiciary that has usurped the legislative power. The Republican Party platform should include a pledge to enact legislation specifically removing the federal court's jurisdiction over enemy combatants and prisoners of war, especially when they are held outside our sovereign territory during a time of war. The Court usurped this power. Congress should take it back.

If you examine my proposed platform, you'll see that I base it upon the enumerated powers of Congress in Article 1, section 8 of our Constitution, upon the second paragraph of Article 3, section 2 of the Constitution and upon the tenth amendment to the Constitution, as well as upon Article 4, section 4 of the Constitution. I have one final plank for my proposed platform, sure to anger the left. I base this one upon the final paragraph of Article 4, section 3 of the Constitution.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

The federal government has misused its regulatory power under the "interstate commerce" clause of Article 1, section 8. The federal endangered species act and the establishment of the federal environmental protection agency have been based upon this clause. Nevertheless, Congress is only authorized to make regulations regarding territory or property belonging to the federal government. Congress is not authorized to make such regulations regarding the lands belonging to the States themselves. While preserving endangered species is a noble goal, as is ensuring that we have clean air, land, and water, it should be up to the States to determine how they will achieve these goals within their own lands. If California wants to enact legislation treating Carbon Dioxide as a pollutant, then that's the business of California. It is most certainly NOT the business of the federal government to enact such legislation for the State of Kansas (for example).

The Republican Party platform then should be clear and simple. Retire the National Debt by really cutting spending; Treat all Taxpayers Equally; Provide for the National Defense — sanely and responsibly; Secure our Borders; Stabilize our Currency; Reign in Bureaucracy; Stop Hamstringing ourselves; Reign in the Judiciary; and Leave the Rest to the States. Note that there's nothing there about "jobs". There's nothing there about "nationalized health care". There's nothing there about "race" or "gender" or "experience". There's nothing there about Islam, or Jeremiah Wright, or the Church of Jesus Christ of Latter Day Saints. There's nothing there about Iraq, or Rwanda, or China, or India, or Pakistan, or Iran, or North Korea, or even France or Hugo Chavez. There's nothing there about a "recession" or the cost of food, or whether we should drive SUVs or use compact fluorescent light bulbs. There's nothing there about what the Spotted Owl tastes like or how much "change" Barrack Obama has in his pocket at the end of the day.

There shouldn't have to be. It's all about a return to Constitutional government. At least, that's what I believe. That's what I'd like to see.