The Libertarian Party

1998 National LP Convention
Report of the Platform Committee

Washington, DC
July 1, 1998

Proposals in order of consideration proposed by Platform Committee:

After consideration of the proposed amendment to the Statement of Principles, the order of consideration of planks is based first on the number of affirmative votes in support of the amendment and then on the number of negative votes against the amendment. An exception was made to consider the proposed amendment to III.5. Population immediately after I.20. Women's Rights and Abortion because the proposed amendment to the former is solely to bring it into conformance with the proposed amendment to the latter, if adopted.

Text of proposals in order of current Platform.

For each proposal, the existing language is shown on the left and the proposed changes are shown on the right.

Statement of Principles
We, the members of the Libertarian Party, challenge the cult of the omnipotent state and defend the rights of the individual.

We hold that all individuals have the right to exercise sole dominion over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live in whatever manner they choose.

Governments throughout history have regularly operated on the opposite principle, that the State has the right to dispose of the lives of individuals and the fruits of their labor. Even within the United States, all political parties other than our own grant to government the right to regulate the lives of individuals and seize the fruits of their labor without their consent.

We, on the contrary, deny the right of any government to do these things, and hold that where government exist, they most not violate the rights of any individual: namely (1) the right to life accordingly we support the prohibition of the initiation of physical force against others; (2) the right to liberty of speech and action accordingly we oppose all attempts by government to abridge the freedom of speech and press, as well as government censorship in any form; and (3) the right to property accordingly we oppose all government interference with private property, such as confiscation, nationalization, and eminent domain, and support the prohibition of robbery, trespass, fraud, and misrepresentation.

Since governments, when instituted, must not violate individual rights, we oppose all interference by government in the areas of voluntary and contractual relations among individuals. People should not be forced to sacrifice their lives and property for the benefit of others. They should be left free by government to deal with one another as free traders; and the resultant economic system, the only one compatible with the protection of individual rights, is the free market.

We, the members of the Libertarian Party, believe that all people possess certain undeniable rights, and that among these are the rights to life, liberty, property, and the pursuit of happiness. We champion the rights of the individual and hold that the sole purpose of government is to safeguard these rights. challenge the cult of the omnipotent state and defend the rights of the individual.

We hold that all individuals have the right to exercise sole dominion over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live in whatever manner they choose.

Governments throughout history have regularly operated on the opposite principle, that the State has the right to dispose of the lives of individuals and the fruits of their labor. Even within the United States, all political parties other than our own grant to government the right to regulate the lives of individuals and seize the fruits of their labor without their consent.

We, on the contrary, deny the right of any government to do these things, and hold that where government exist, they most not violate the rights of any individual: namely (1) the right to life accordingly we support the prohibition of the initiation of physical force against others; (2) the right to liberty of speech and action accordingly we oppose all attempts by government to abridge the freedom of speech and press, as well as government censorship in any form; and (3) the right to property accordingly we oppose all government interference with private property, such as confiscation, nationalization, and eminent domain, and support the prohibition of robbery, trespass, fraud, and misrepresentation.

Since governments, when instituted, must not violate individual rights, we oppose all interference by government in the areas of voluntary and contractual relations among individuals. People should not be forced to sacrifice their lives and property for the benefit of others. They should be left free by government to deal with one another as free traders; and the resultant economic system, the only one compatible with the protection of individual rights, is the free market.

(Passed: 13-3)

I. Individual Rights & Civil Order
No conflict exists between civil order and individual rights. Both concepts are based on the same fundamental principle: that no individual, group, or government may initiate force against any other individual, group, or government. No conflict exists between maintaining civil order and respecting individual rights. Both concepts are based on the same fundamental principle: that no individual, group, or government may initiate force against any other individual, group, or government.

(Passed: 11-4)

I.1. Freedom and Responsibility
Members of the Libertarian Party do not necessarily advocate or condone any of the practices our policies would make legal. Our exclusion of moral approval and disapproval is deliberate: people's rights must be recognized; the wisdom of any course of peaceful action is a matter for the acting individual(s) to decide. Personal responsibility is discouraged by government denying individuals the opportunity to exercise it. Libertarian policies will create a society where people are free to make and learn from their own decisions. [replaced by the following language]

We believe that individuals should be free to make choices for themselves and to accept responsibility for the consequences of the choices they make. We must accept the right of others to choose for themselves if we are to have the same right. Our support of an individual's right to make choices in life does not mean that we necessarily approve or disapprove of those choices.

We believe people must accept personal responsibility for the consequences of their actions. Libertarian policies will promote a society where people are free to make and learn from their own decisions. Personal responsibility is discouraged by government denying individuals the opportunity to exercise it. In fact, the denial of freedom fosters irresponsibility.

(Passed 12-4)

I.2. Crime
The continuing high level of violent crime -- and the government's demonstrated inability to deal with it -- threatens the lives, happiness, and belongings of Americans. At the same time, governmental violations of rights undermine the people's sense of justice with regard to crime. The appropriate way to suppress crime is through consistent and impartial enforcement of laws that protect individual rights. Laws pertaining to "victimless crimes" should be repealed since such laws themselves violate individual rights and also breed other types of crime. We applaud the trend toward private protection services and voluntary community crime control groups. We support institutional changes, consistent with full respect for the rights of the accused, that would permit victims to direct the prosecution in criminal cases. The continuing high level of violent crime -- and the government's demonstrated inability to deal with it -- threatens the lives, happiness, and belongings of Americans. At the same time, governmental violations of rights undermine the people's sense of justice with regard to crime. The appropriate way to suppress crime is through consistent and impartial enforcement of laws that protect individual rights. Laws pertaining to "victimless crimes" should be repealed since such laws themselves violate individual rights and also breed genuine crime. We applaud the trend toward private protection services and voluntary community crime control groups. We support institutional changes, consistent with full respect for the rights of the accused, that would permit victims to direct the prosecution in criminal cases.

(Passed: 12-1)

I.5. Safeguards for the Criminally Accused
Until such time as persons are proved guilty of crimes, they should be accorded full respect for their individual rights. We are thus opposed to reduction of constitutional safeguards of the rights of the criminally accused.

We oppose labeling cases as "civil" strictly to avoid the due process protections of criminal law and we further oppose governmental civil and criminal pretrial seizure of property for criminal offenses.

We oppose police officers using excessive force on the disorderly or the criminally accused, handing out what they may consider to be instant punishments on the streets, preventive detention, and no-knock laws. Instant-punishment policies deprive the accused of important checks on government power -- juries and the judicial process. We oppose any concept that some individuals are by nature second-class citizens who only understand instant punishment and any claim that the police possess special insight into recognizing persons in need of punishment.

We support full restitution for all loss suffered by persons arrested, indicted, tried, imprisoned, or otherwise injured in the course of criminal proceedings against them that do not result in their conviction. When they are responsible, government police employees or agents should be liable for this restitution.

We call for a reform of the judicial system allowing criminal defendants and civil parties to a court action a reasonable number of peremptory challenges to proposed judges, similar to their right under the present system to challenge a proposed juror.

[replaced by the following language]

We support all constitutional guarantees which require that, until an individual is proved guilty, all of his or her rights shall be respected by the government.

We support expanding the same due process protections that apply to criminal law cases to civil law cases. This will assure that cases are not labeled "civil" to circumvent adhering to those due process protections.

We support banning police powers which violate individual rights. These include use of excessive force, preventive detention, and no- knock laws. We particularly oppose the currently widespread practice of seizing property based only on suspicion of a crime.

We support laws calling for restitution for all loss suffered by persons during criminal proceedings that do not result in their conviction.

Because life cannot be restored to a person who is wrongly executed, we oppose the death penalty in all cases.

We support judicial system reform to allow criminal defendants and civil parties to court action the right to peremptory challenge to proposed judges, just as they can challenge proposed jurors.

(Passed 9-4)

I.6. Justice for the Individual
The present system of criminal law is based almost solely on punishment with little concern for the victim. We support restitution for the victim to the fullest degree possible at the expense of the criminal or wrongdoer.

We oppose the prosecution of individuals for exercising their rights of self-defense.

We oppose all "no-fault" insurance laws, which deprive the victim of the right to recover damages from those responsible in the case of injury. We also support the right of the victim to pardon the criminal or wrongdoer, barring threats to the victim for this purpose. We applaud the growth of private adjudication of disputes by mutually acceptable judges.

We support a change in rape laws so that cohabitation will no longer be a defense against a charge of rape.

[replaced by the following language]

The present system of criminal law focuses on punishment of the criminal with little concern for the victim. We support changing that focus to provide for restitution for the victim to the fullest degree possible at the expense of the wrongdoer.

We believe that laws which limit the rights of victims to recover losses are unfair. We support repeal of "no-fault" insurance laws which deprive the victim of the right to recover damages from those responsible in the case of injury. We also support the right of the victim to pardon the wrongdoer.

We support the growth of private adjudication of disputes by mutually accepted judges or arbitrators.

We support a change in rape laws so that cohabitation will no longer be a defense against a charge of rape.

Passed (11-5)

I.8. Individual Sovereignty
The only legitimate use of force is in defense of individual rights -- life, liberty, and justly acquired property -- against aggression, whether by force or fraud. This right inheres in the individual, who -- with his or her consent -- may be aided by any other individual or group.

The right of defense extends to defense against aggressive acts of government. We favor an immediate end to the doctrine of "Sovereign Immunity" which ignores the primacy of the individual over the abstraction of the State, and holds that the State, contrary to the tradition of redress of grievances, may not be sued without its permission or held accountable for its actions under civil law.

The only legitimate use of force is in defense of individual rights -- life, liberty, and justly acquired property -- against aggression, whether by force or fraud. This right inheres in the individual, who -- with his or her consent -- may be aided by any other individual or group. The right of defense extends to defense against aggressive acts of government -- domestic or foreign.

We support an end to the doctrine of "Sovereign Immunity" which holds that the government cannot be sued or held accountable under civil law without its permission.

The right of defense extends to defense against aggressive acts of government. We favor an immediate end to the doctrine of "Sovereign Immunity" which ignores the primacy of the individual over the abstraction of the State, and holds that the State, contrary to the tradition of redress of grievances, may not be sued without its permission or held accountable for its actions under civil law.

((Passed 11-6)

I.11. Freedom of Religion
We defend the rights of individuals to engage in (or abstain from) any religious activities that do not violate the rights of others. In order to defend freedom, we advocate a strict separation of church and State. We oppose government actions that either aid or attack any religion. We oppose taxation of church property for the same reason that we oppose all taxation. We oppose the harassment of churches by the Internal Revenue Service through threats to deny tax-exempt status to churches that refuse to disclose massive amounts of information about themselves.

We condemn the attempts by parents or any others -- via kidnaps or conservatorship to force children to conform to any religious views. Government harassment or obstruction of religious groups for their beliefs or non-violent activities must end.

[replaced by the following language]

We support the right of individuals to engage in any religious activities that do not violate the rights of others. To defend this right, we support strict separation of church and state.

We oppose taxation of church property for the same reason that we oppose all taxation. We oppose harassment of churches by government for any reason.

Passed (11-7)

I.14. Government Secrecy
We condemn the government's use of secret classifications to keep from the public information that it should have. We favor substituting a system in which no individual may be convicted for violating government secrecy classifications unless the government discharges its burden of proving that the publication:

a. violated the right of privacy of those who have been coerced into revealing confidential or proprietary information to government agents, or

b. disclosed defensive military plans so as to materially impair the capabilities to respond to attack.

It should always be a defense to such prosecution that information divulged shows that the government has violated the law

[replaced by the following language]

We support replacing current government secrecy laws. No individual should be convicted for violating secrecy classifications unless the government first proves that the individual disclosed military plans so as to materially impair the capabilities to respond to attack. It should always be a defense to such prosecution that the information divulged shows that the government has violated the law.

(Passed: 10-8)

I.15. Internal Security and Civil Liberties
We call for abolition of secret police, such as the Central Intelligence Agency. We support Congressional investigation of criminal activities of the CIA and FBI and of wrongdoing by other governmental agencies.

We support the abolition of the subpoena power as used by Congressional committees against individuals or firms. We oppose any efforts to revive the House Internal Security Committee or its predecessor the House Un-American Activities Committee, and call for the destruction of its files on private individuals and groups. We also call for the abolition of the Senate Subcommittee on Internal Security.

We call for abolition of secret police, such as the Central Intelligence Agency and the Federal Bureau of Investigation. We support Congressional investigation of criminal activities of the CIA and FBI and of wrongdoing by other governmental agencies.

We believe that government employees who have violated the law should be tried, convicted, and punished under the laws they violated.

We believe that Congress should not investigate individuals or firms because they are believed to be unsupportive of the government or its policies. We would destroy all records from prior investigations regarding such matters.

We support the abolition of the subpoena power as used by Congressional committees against individuals or firms. We oppose any efforts to revive the House Internal Security Committee or its predecessor the House Un-American Activities Committee, and call for the destruction of its files on private individuals and groups. We also call for the abolition of the Senate Subcommittee on Internal Security.

(Passed 9-6)

I.16. The Right to Keep and Bear Arms
The Bill of Rights recognizes that an armed citizenry is essential to a free society. We affirm the right to keep and bear arms and oppose all laws at any level of government restricting, regulating, or requiring the ownership, manufacture, transfer, or sale of firearms or ammunition. We oppose all laws requiring registration of firearms or ammunition. We also oppose any government efforts to ban or restrict the use of tear gas, "mace," or other self-protection devices. We further oppose all attempts to ban weapons or ammunition on the grounds that they are risky or unsafe.

We support repeal of the National Firearms Act of 1934 and the Federal Gun Control Act of 1968, and we demand the immediate abolition of the Bureau of Alcohol, Tobacco, and Firearms.

We favor the repeal of laws banning the concealment of weapons or prohibiting pocket weapons. We also oppose the banning of inexpensive handguns ("Saturday night specials"), and semi-automatic or so-called assault weapons and their magazines or feeding devices.

[replaced by the following language]

We affirm the right to keep and bear arms. Therefore, we oppose all laws at any level of government relating in any way to the peaceful manufacturing, possession, or use of firearms, ammunition, or weapons of any sort. We also oppose any laws require registration, regulate handling, regulate concealment, or limit their use in self-defense. We support the abolition of the agencies created to enforce them.

As an interim measure, we support passage of so-called "shall issue" legislation putting the burden of proof back where it belongs -- on government -- to show why a "concealed carry permit" should not be issued to any applicant.

(Passed: 9-8)

Minority Report
Submitted by: Tim O'Brien. John Brown, Keith Edwards, Henry Haller, Jim Lark, Elizabeth Macron, Tom Stahl

The vote was 9-8 on this plank.

The minority objects to the proposed changes to this plank. The voters ought to know that only the Libertarian Party calls for the outright repeal of the National Firearms Act, the Federal Gun Control Act of 1968, the Crime Control Act of 1994, and the Brady Act.

The original language of the plank called for the "immediate abolition of the BATF." The Libertarian Party was the first to call attention to the excesses of the BATF. We should continue to call for the abolition of this agency.

The minority favored two amendments to the original plank, both of which strengthened it. We ought to confirm unequivocally that the LP supports the right to keep and bear arms.

Our amendments are set forth in the revised text that follows. They would add to our platform a reference to repealing the Crime Control Act of 1994 and the Brady Act, as well as adding our support for the so-call "shall issue" legislation.

We urge the delegates to adopt the minority proposal, or at the very least to retain the existing plank.

The Bill of Rights recognizes that an armed citizenry is essential to a free society. We affirm the right to keep and bear arms and oppose all laws at any level of government restricting, regulating, or requiring the ownership, manufacture, transfer, or sale of firearms or ammunition. We oppose all laws requiring registration of firearms or ammunition. We also oppose any government efforts to ban or restrict the use of tear gas, "mace," or other self-protection devices. We further oppose all attempts to ban weapons or ammunition on the grounds that they are risky or unsafe.

We support repeal of the National Firearms Act of 1934 and, the Federal Gun Control Act of 1968, the Crime Control Act of 1994, and the Brady Act, and we demand the immediate abolition of the Bureau of Alcohol, Tobacco, and Firearms.

We favor the repeal of laws banning the concealment of weapons or prohibiting pocket weapons. We also oppose the banning of inexpensive handguns ("Saturday night specials"), and semi-automatic or so-called assault weapons and their magazines or feeding devices.

As an interim measure, we support passage of so-called "shall issue" legislation putting the burden of proof back where it belongs on government to show why a "concealed carry permit" should not be issued to any applicant.

I.18. Immigration
We hold that human rights should not be denied or abridged on the basis of nationality. We condemn massive roundups of Hispanic Americans and others by the federal government in its hunt for individuals not possessing required government documents. We strongly oppose all measures that punish employers who hire undocumented workers. Such measures repress free enterprise, harass workers, and systematically discourage employers from hiring Hispanics.

We welcome all refugees to our country and condemn the efforts of U.S. officials to create a new "Berlin Wall" which would keep them captive. We condemn the U.S. government's policy of barring those refugees from our country and preventing Americans from assisting their passage to help them escape tyranny or improve their economic prospects.

Undocumented non-citizens should not be denied the fundamental freedom to labor and to move about unmolested. Furthermore, immigration must not be restricted for reasons of race, religion, political creed, age, or sexual preference.

We therefore call for the elimination of all restrictions on immigration, the abolition of the Immigration and Naturalization Service and the Border Patrol, and a declaration of full amnesty for all people who have entered the country illegally. We oppose government welfare and resettlement payments to non-citizens just as we oppose government welfare payments to all other persons.

[replaced by the following language]

We believe that human rights should not be denied or abridged on the basis of nationality.

We hold that the solution to immigration problems is not more government restrictions, but an end to those welfare incentives which attract non-productive immigrants to this nation. We oppose government welfare and resettlement payments to non- citizens just as we oppose government welfare payments to all other persons.

We also believe that immigration should not be denied to law- abiding persons for reasons of race, religion, gender, political creed, age, or sexual orientation. We welcome all peaceful refugees to our country. We support the fundamental freedom of all law-abiding persons to labor and to move about unmolested.

We call for the elimination of all restriction on immigration, the abolition of the Immigration and Naturalization Service and the Border Patrol, and a declaration of fell amnesty for all people who have entered the country illegally.

Minority Report
Submitted by: Tim O'Brien. John Brown, Henry Haller, Elizabeth Macron

The vote was 11-4 on this plank.

The minority objects to the proposed changes to this plank. We recommend keeping the language as it is in the Platform, with two minor changes:

Add the word "peaceful" prior to "refugees" in the first sentence of the second paragraph, and Change the last word in the third paragraph from "preference" to "orientation."

Rationale: Rejecting the use of force to keep people from crossing arbitrary lines (i.e., borders) is a core libertarian position. The "Berlin Wall" analogy is an excellent way of making this point, and should be kept.

We urge the delegates to retain the original plank. The LP mustcontinue to condemn the government's policy of barring refugees from our country and preventing Americans from assisting them to escape tyranny.

Furthermore, the proposed new language drops all reference to employers who are harassed by government agents because they may have hired undocumented workers, and to Hispanics who are impeded from finding employment due to the resulting reluctance of employers to hire them. These are significant grievances, and should be left in Platform

We hold that human rights should not be denied or abridged on the basis of nationality. We condemn massive roundups of Hispanic Americans and others by the federal government in its hunt for individuals not possessing required government documents. We strongly oppose all measures that punish employers who hire undocumented workers. Such measures repress free enterprise, harass workers, and systematically discourage employers from hiring Hispanics.

We welcome all peaceful refugees to our country and condemn the efforts of U.S. officials to create a new "Berlin Wall" which would keep them captive. We condemn the U.S. government's policy of barring those refugees from our country and preventing Americans from assisting their passage to help them escape tyranny or improve their economic prospects.

Undocumented non-citizens should not be denied the fundamental freedom to labor and to move about unmolested. Furthermore, immigration must not be restricted for reasons of race, religion, political creed, age, or sexual orientation preference.

We therefore call for the elimination of all restrictions on immigration, the abolition of the Immigration and Naturalization Service and the Border Patrol, and a declaration of full amnesty for all people who have entered the country illegally. We oppose government welfare and resettlement payments to non-citizens just as we oppose government welfare payments to all other persons.

I.19. Freedom of Association and Government Discrimination
Individual rights should not be denied, abridged, or enhanced at the expense of other people's rights, on the basis of sex, wealth, race, color, creed, age, national origin, personal habits, political preference, or sexual orientation by the laws at any level of government. Protective labor laws, Selective Service laws, and other laws that violate rights selectively should be repealed entirely rather than be extended to all groups.

Discrimination imposed by the government has brought disruption in normal relationships of people, set neighbor against neighbor, created gross injustices, destroyed voluntary communities, and diminished human potential. Anti-discrimination laws enforced by the government are the reverse side of the coin, and will for the same reasons create the same problems. Consequently, we oppose any government attempts to regulate private discrimination, including choices and preferences, in employment, housing, and privately owned businesses. The right to trade includes the right not to trade -- for any reasons whatsoever; the right of association includes the right not to associate, for exercise of the right depends upon mutual consent.

[replaced by the following language]

Individual rights should not be denied, abridged, or enhanced at the expense of other people's rights by the laws at any level of government based on sex, wealth, race, color, creed, age, national origin, personal habits, political preference, or sexual orientation.

We support repealing any such laws rather that extending them to all individuals.

Discrimination imposed by government has caused a multitude of problems. Anti-discrimination laws create the same problems. While we do not advocate or condone private discrimination in any way, we do not support any laws which attempt to limit or ban it.

The right to trade includes the right not to trade -- for any reasons whatsoever; the right of association includes the right not to associate, for exercise of the right depends upon mutual consent.

Passed (15-0)

I.20. Women's Rights and Abortion
We hold that individual rights should not be denied or abridged on the basis of sex. We call for repeal of all laws discriminating against women, such as protective labor laws and marriage or divorce laws which deny the full rights of men and women. We oppose all laws likely to impose restrictions on free choice and private property or to widen tyranny through reverse discrimination.

Recognizing that abortion is a very sensitive issue and that libertarians can hold good-faith views on both sides, we believe the government should be kept entirely out of the question, allowing all individuals to be guided by their own consciences. We oppose all restrictions on the sale of RU 486, and on the sale of menstruation-inducing contragestive pills, which block fertilized eggs from attaching themselves to the womb. We oppose legislation restricting or subsidizing women's access to abortion or other reproductive health services; this includes requiring consent of the prospective father, waiting periods, and mandatory indoctrination on fetal development, as well as Medicaid or any other taxpayer funding. It is particularly harsh to force someone who believes that abortion is murder to pay for another's abortion.

We also condemn state-mandated abortions.

It is the right and obligation of the pregnant woman, not the state, to decide the desirability or appropriateness of prenatal testing, Caesarean births, fetal surgery, voluntary surrogacy arrangements, and/or home births.

We hold that individual rights should not be denied or abridged on the basis of sex. We call for repeal of all laws discriminating against women, such as protective labor laws and marriage or divorce laws which deny the full rights of men and women. We oppose all laws likely to impose restrictions on free choice and private property or to widen tyranny through reverse discrimination.

Recognizing that abortion is a very sensitive issue and that libertarians can hold good-faith views on both sides, we take no position as a party on this issue. believe the government should be kept entirely out of the question, allowing all individuals to be guided by their own consciences. We oppose all restrictions on the sale of RU 486, and on the sale of menstruation-inducing contragestive pills, which block fertilized eggs from attaching themselves to the womb. We However, we oppose legislation subsidizing women's access to abortion or other reproductive health services ; this includes requiring consent of the prospective father, waiting periods, and mandatory indoctrination on fetal development, as well as Medicaid or any other taxpayer funding.

We also condemn state-mandated abortion.

It is the right and obligation of the pregnant woman, not the state, to decide the desirability or appropriateness of prenatal testing, Caesarean births, fetal surgery, voluntary surrogacy arrangements, and/or home births.

Minority Report
Submitted by: Dena Bruedigam, Donald Gallick, Bill McMillan, Tim O'Brien, Keith Edwards, Dana Johansen

The vote was 12-7 on this plank.

The minority recommends a different replacement for the current plank.

Rationale: We must preserve the language "we believe that government should be kept entirely out of the question...."

We should adopt language to support voluntary methods of reducing abortions and not delete language that demands language that demands the government stay out of the process.

This substitute plank is inclusive with room for all Libertarian views, while rejecting any government controls.

[replaced by the following language]

We believe that individual rights should not be denied or abridged on the basis of sex. We support repeal of all laws which do so.

Recognizing that abortion is a very sensitive issue and that libertarians can hold good-faith views on both sides, we believe that government should be kept entirely out of the question, allowing all individuals to be guided by conscience. We applaud those individuals who seek to reduce the number of abortions by such voluntary actions as working for less restrictive adoption laws, encouraging private educational efforts to show women the alternatives to abortion, helping arrange adoption, and repealing the income tax so that parents can afford to spend time teaching their children the values that will minimize teenage pregnancies.

We believe that government has no appropriate role to play in matters involving human reproduction, including funding either abortions or medical care for those deciding to have children. It is the right and obligation of the pregnant woman to deal with such matters as she sees fit.

I.21. Family Life
We support protection of the integrity of families and households as contractual institutions against government intrusion and interference. Such governmental interference has undermined the value of families and households as cultural institutions of love, nurture, companionship, kinship, and personal development by forcing them to conform to a rigid, inflexible design. Moreover, we condemn the usurpation by government through morals laws, government welfare programs, and government schools, of activities long carried on by families and households. We further accuse government of designing educational programs that place civic and moral education under the control of politicians and of designing welfare laws that destroy families and households. [replaced by the following language]

We believe that families and households are private institutions which should be free from government intrusion and interference. We believe that increased government involvement in traditional parenting responsibilities has weakened families and replaced family-taught morals with government-taught morals. We believe that families will benefit from a withdrawal of government involvement.

Children are human beings and have, potentially, all the rights of human beings. However, lack of maturity necessarily limits a child's exercise of rights.

Children should always have the right to establish their maturity by assuming administration and protection of their own rights, ending dependency upon their parents, or other guardians, and assuming all responsibilities of adulthood.

Parents have no right to abandon or recklessly endanger their children.

Whenever parents or other guardians are unable or unwilling to to assume the appropriate responsibility to raise their children, those guardians have the right to see, and the obligation to find, other person(s) who are willing to assume guardianship. Accordingly, we oppose all laws that impede these processes, notably those restricting private adoption services. We also call for the abolition of all laws restricting transracial adoption.

We oppose all laws that empower government officials to seize children and make them "wards of the state," or, by means of child labor laws and compulsory education laws, to infringe on their freedom to work or learn. We oppose the increasing use of curfews based solely on age.

We call for an end to the practice in many states of jailing children not accused of any crime. We seek repeal of all "children's codes" or statutes which abridge due process protections for young people. We further favor the abolition of the juvenile court system, so that juveniles, and/or their parents, will be held fully responsible for their crimes.

(Passed 12-6)

Minority Report
Submitted by: Steve Givot, Tom Stahl, Tom Regnier, Elizabeth Macron, Dena Bruedigam

The vote was 12-6 on the final language of this plank.

First, the Platform Committee adopted language to replace the entire existing Family Life plank with the first paragraph of the majority report. The vote was 11-5 to do so. We join the majority in support of adoption of the first paragraph to replace the existing plank.. However we dissent from adding the next six paragraphs.

These final six paragraphs are an imperfect attempt to restore language regarding children's rights -- a plank that was deleted two years ago.

We believe that the issue of children's rights is far too difficult to define and adequately cover within the context of a platform plank. Furthermore, there exists reasonable differences in the application of libertarian principles to matters involving children's rights.

Does a 10 year old have the right to keep and bear arms? Does a 7 year old have the right to take addictive drugs? Does a 4 year old have the right to decline surgery because it might hurt? These are just a few of the sorts of questions that are raised if we adopt this language.

We believe that in areas where the application of libertarian principles does not lead to a single, unique, overwhelming consensus among our members, than it is preferable to remain silent on the issue. The existing Omissions plank provides the necessary disclaimer to refute any suggestion that our silence on the issue implies our willingness to assent to government involvement in the issue.

[replaced by the following language]

We believe that families and households are private institutions which should be free from government intrusion and interference. We believe that increased government involvement in traditional parenting responsibilities has weakened families and replaced family-taught morals with government-taught morals. We believe that families will benefit from a withdrawal of government involvement.

I.22. Sexual Rights
We affirm the right of adults to private choice in consensual sexual activity.

Government must neither dictate, prohibit, control, nor encourage any private lifestyle, living arrangement or contractual relationship.

We call for repeal of all legislation and government policies intended to condemn, affirm, encourage or discourage sexual lifestyles or any set of attitudes about such lifestyles.

We believe that adults have the right to private choice in consensual sexual activity.

We oppose any government attempt to dictate, prohibit, control, or encourage any private lifestyle, living arrangement or contractual relationship.

Government must neither dictate, prohibit, control, nor encourage any private lifestyle, living arrangement or contractual relationship.

We support repeal of existing laws and policies which are intended to condemn, affirm, encourage, or deny sexual lifestyles or any set of attitudes about such lifestyles.

We call for repeal of all legislation and government policies intended to condemn, affirm, encourage or discourage sexual lifestyles or any set of attitudes about such lifestyles.

(Passes 16-0)

I.23. American Indian Rights
The major factors underlying the unconscionable plight of America's Indians may be summarized as follows: (1) the unresolved complexity of dual national citizenship; (2) the attrition of reservation lands and abridgement of Indian rights to remaining properties; (3) the subjugation of individual Indians to the Bureau of Indian Affairs and tribal governmental authority; and (4) various federal commitments to provide the tribes with health, education, and welfare benefits "forever" in exchange for expropriated lands.

We favor the following remedies, respectively: (1) individual Indians should be free to select their citizenship, if any, and tribes should be allowed to choose their level of autonomy, up to absolute sovereignty; (2) Indians should have their just property rights restored, including rights of easement, access, hunting and fishing; (3) the Bureau of Indian Affairs should be abolished and tribal members allowed to decide the extent and nature of their government, if any; and (4) negotiations should be undertaken to exchange various otherwise unclaimed and unowned federal properties for any and all remaining governmental obligations to the tribes.

We further advocate holding fully liable those responsible for any and all damages which have resulted from authorization of, or engagement in, resource development on reservation lands, including damages done by careless disposal of uranium tailings and other mineral wastes.

[replaced by the following language]

The rights of American Indians have been usurped over the years. We support the following remedies: (1) individuals should be free to select their own citizenship and tribes should be free to select the level of autonomy the tribe wishes, (2) Indians should have their property rights restored, including rights of easement, access, hunting, and fishing, (3) the Bureau of Indian Affairs should be abolished leaving tribal members to determine their own system of governance, and (4) negotiations should be undertaken to resolve all outstanding differences between the tribes and the government.

(Passed 13-2)

II. Trade & The Economy
Because each person has the right to offer goods and services to others on the free market, and because government interference can only harm such free activity, we oppose all intervention by government into the area of economics. The only proper role of existing governments in the economic realm is to protect property rights, adjudicate disputes, and provide a legal framework in which voluntary trade is protected.

Efforts to forcibly redistribute wealth or forcibly manage trade are intolerable. Government manipulation of the economy creates an entrenched privileged class -- those with access to tax money -- and an exploited class -- those who are net taxpayers.

[replaced by the following language]

We believe that each person has the right to offer goods and services to others on the free market. Therefore we oppose all intervention by government into the area of economics. The only proper role of existing governments in the economic realm is to protect property rights, adjudicate disputes, and provide a legal framework in which voluntary trade is protected.

We believe that all individuals have the right to dispose of the fruits of their labor as they see fit and that government has no right to take such wealth. We do not believe in government- enforced charity such as welfare programs and subsidies, enforced "charity" such as welfare programs and subsidies, but we heartily applaud those individuals and private charitable organizations that help the needy and contribute to a wide array of worthwhile causes through voluntary activities.

(Passed 13-3)

II.1. The Economy
Government intervention in the economy imperils both the personal freedom and the material prosperity of every American. We therefore support the following specific immediate reforms:

a. drastic reduction of both taxes and government spending;

b. an end to deficit budgets;

c. a halt to inflationary monetary policies;

d. the removal of all governmental impediments to free trade; and

e. the repeal of all controls on wages, prices, rents, profits, production, and interest rates.

[replaced by the following language]

Government intervention in the economy imperils both the personal freedom and the material prosperity of every American. In order to ensure the economic freedom and enhance the economic well- being of Americans, we would implement the following policies:

a. Dramatic reductions in both taxes and government spending;

b. An end to deficit budgets;

c. A halt to inflationary monetary policies;

d. The elimination of all government impediments to free trade; and

e. The repeal of all controls on wages, prices, rents, profits, production, and interest rates.

(Passed: 17-0)

II.5. Government Debt
We support the drive for a constitutional amendment requiring the national government to balance its budget, and also support similar amendments to require balanced state budgets. To be effective, a balanced budget amendment should provide:

a. that neither Congress nor the President be permitted to override this requirement;

b. that all off-budget items are included in the budget;

c. that the budget is balanced exclusively by cutting expenditures, and not by raising taxes; and

d. that no exception be made for periods of national emergency.

The Federal Reserve should be forbidden to acquire any additional government securities, thereby helping to eliminate the inflationary aspect of the deficit. Governments facing fiscal crises should always default in preference to raising taxes. At a minimum, the level of government should be frozen.

We support a constitutional amendment which would require the federal government to balance its budget. We support the same objective at the state level. We support the drive for a constitutional amendment requiring the national government to balance its budget, and also support similar amendments to require balanced state budgets. To be effective, a balanced budget amendment should provide:

a. That neither Congress nor the President be permitted to override this requirement;

b. That all off-budget items are included in the budget;

c. That the budget is balanced exclusively by cutting expenditures, not by raising taxes; and

d. That no exception be made for periods of national emergency.

e. That the Federal Reserve System should be abolished.

The Federal Reserve should be forbidden to acquire any additional government securities, thereby helping to eliminate the inflationary aspect of the deficit. Governments facing fiscal crises should always default in preference to raising taxes. At a minimum, the level of government should be frozen.

(Passed: 5-4)

III.2 Pollution
Pollution of other people's property is a violation of individual rights. Present legal principles, particularly the unjust and false concept of "public property," block privatization of the use of the environment and hence block resolution of controversies over resource use. We support the development of an objective legal system defining property rights to air and water. We call for a modification of the laws governing such torts as trespass and nuisance to cover damages done by air, water, radiation, and noise pollution. We oppose legislative proposals to exempt persons who claim damage from radiation from having to prove such damage was in fact caused by radiation. Strict liability, not government agencies and arbitrary government standards, should regulate pollution. We therefore demand the abolition of the Environmental Protection Agency. We also oppose government- mandated smoking and non-smoking areas in privately owned businesses.

Toxic waste disposal problems have been created by government policies that separate liability from property. Rather than making taxpayers pay for toxic waste clean-ups, individual property owners, or in the case of corporations, the responsible managers and employees, should be held strictly liable for material damage done by their property. Claiming that one has abandoned a piece of property does not absolve one of the responsibility for actions one has set in motion. We condemn the EPA's Superfund whose taxing powers are used to penalize all chemical firms, regardless of their conduct. Such clean-ups are a subsidy of irresponsible companies at the expense of responsible ones.

Pollution of other people's property is a violation of individual rights. Present legal principles, particularly the unjust and false concept of "public property," block privatization of the use of the environment and hence block resolution of controversies over resource use. We support the development of an objective legal system defining property rights to air and water. We call for a modification of the laws governing such torts as trespass and nuisance to cover damages done by air, water, radiation, and noise pollution. We oppose legislative proposals to exempt persons who claim damage from radiation from having to prove such damage was in fact caused by radiation. Strict liability, not government agencies and arbitrary government standards, should regulate pollution. We therefore demand the abolition of the Environmental Protection Agency. We also oppose government-mandated smoking and non-smoking areas in privately owned businesses.

Toxic waste disposal problems have been created by government policies that separate liability from property. Rather than making taxpayers pay for toxic waste clean-ups, individual property owners, or in the case of corporations, the responsible managers and employees, should be held strictly liable for material damage done by their property. Claiming that one has abandoned a piece of property does not absolve one of the responsibility for actions one has set in motion. We condemn the EPA's Superfund whose taxing powers are used to penalize all chemical firms, regardless of their conduct. Such clean-ups are a subsidy of irresponsible companies at the expense of responsible ones.

(Passed: 10-3)

III.5. Population
Recognizing that the American people are not a collective national resource, we oppose all coercive measures for population control.

We oppose government actions that either compel or prohibit abortion, sterilization, or any other forms of birth control. Specifically, we condemn the vicious practice of forced sterilization of welfare recipients or of mentally retarded or "genetically defective" individuals.

We regard the tragedies caused by unplanned, unwanted pregnancies to be aggravated, if not created, by government policies of censorship, restriction, regulation, and prohibition. Therefore, we call for the repeal of all laws that restrict anyone, including children, from engaging in voluntary exchanges of goods, services, or information regarding human sexuality, reproduction, birth control, or related medical or biological technologies.

We equally oppose government laws and policies that restrict the opportunity to choose alternatives to abortion.

We support an end to all subsidies for childbearing built into our present laws, including welfare plans and the provision of tax-supported services for children. We urge the elimination of special tax burdens on single people and couples with few or no children.

Recognizing that the American people are not a collective national resource, we oppose all coercive measures for population control.

We oppose government actions that either compel or prohibit abortion, sterilization, or any other forms of birth control. Specifically, we condemn the vicious practice of forced sterilization of welfare recipients or of mentally retarded or "genetically defective" individuals.

We regard the tragedies caused by unplanned, unwanted pregnancies to be aggravated, if not created, by government policies of censorship, restriction, regulation, and prohibition. Therefore, we call for the repeal of all laws that restrict anyone, including children, from engaging in voluntary exchanges of goods, services, or information regarding human sexuality, reproduction, birth control, or related medical or biological technologies.

We equally oppose government laws and policies that restrict the opportunity to choose alternatives to abortion.

We support an end to all subsidies for childbearing built into our present laws, including welfare plans and the provision of tax- supported services for children. We urge the elimination of special tax burdens on single people and couples with few or no children.

(Passed: 10-5)

III.6. Transportation
We support allowing the free market to Government interference in transportation is characterized by monopolistic restriction, corruption and gross inefficiency. We therefore call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation, the Interstate Commerce Commission, the Federal Aviation Administration, the National Transportation Safety Board, the Coast Guard, and the Federal Maritime Commission, and the transfer of their legitimate functions to competitive private firms. We demand the return of America's railroad system to private ownership. We call for the privatization of airports, air traffic control systems, public roads, and the national highway system. We condemn the re-cartelization of commercial aviation by the Federal Aviation Administration via rationing of take-off and landing rights and controlling scheduling in the name of "safety."

As interim, we advocate an immediate end to government regulation of private transit organizations and to governmental favors to the transportation industry. In particular, we support the immediate repeal of all laws restricting transit competition such as the granting of taxicab and bus monopolies and the prohibition of private jitney services. We urge immediate deregulation of the trucking industry. Likewise, we advocate the immediate repeal of federally imposed speed limits.

We support allowing the free market to Government interference in transportation is characterized by monopolistic restriction, corruption and gross inefficiency. We therefore call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation, the Interstate Commerce Commission, the Federal Aviation Administration, the National Transportation Safety Board, the Coast Guard, and the Federal Maritime Commission, and the transfer of their legitimate functions to competitive private firms. We demand the return of America's railroad system to private ownership. We call for the privatization of airports, air traffic control systems, public roads, and the national highway system. We condemn the re-cartelization of commercial aviation by the Federal Aviation Administration via rationing of take-off and landing rights and controlling scheduling in the name of "safety."

As interim, we advocate an immediate end to government regulation of private transit organizations and to governmental favors to the transportation industry. In particular, we support the immediate repeal of all laws restricting transit competition such as the granting of taxicaband bus monopolies and the prohibition of private jitney services. We urge immediate deregulation of the trucking industry. Likewise, we advocate the immediate repeal of federally imposed speed limits

(Passed 13-0)

III.8. Health Care
We favor restoring and reviving a free market health care system. We oppose the efforts of Washington politicians to place all the spending on health in American society within a federally-planned overall health budget.

A new national health budget will necessitate not only federal price controls on health care services -- with all the waiting lines and distortions that accompany price controls -- but also rationing of health care. The bureaucratic, top-down system called "managed competition" that is to determine what-gets-spent-on-what cannot escape being a political scramble by special interests seeking health dollars and could never be an adequate substitute for completely free competition in the medical marketplace.

We advocate the complete separation of medicine and State. Recognizing the individual's right to self-medication, we seek the elimination of all government restrictions on the right of individuals to pursue alternative forms of health care. Individuals should be free to contract with practitioners of their choice for all health care services. We oppose any government infringement upon the practitioner-patient relationship through regulatory agencies or contracted review organizations. We condemn the practice of criminally prosecuting medical practitioners under the anti-trust laws.

We oppose any form of compulsory National Health Insurance, including mandatory health insurance benefits required of employers by the government. We favor abolition of Medicare and Medicaid programs. We also oppose any state or federal area planning boards whose stated purpose is to consolidate health services or avoid their duplication. We support the removal of all government barriers to medical advertising, including prohibition of publication of doctors' fees and drug prices. We further support the elimination of laws requiring prescriptions for the dispensing of medicines and other health-related items.

We condemn efforts by government to impose a medical orthodoxy on society. We specifically condemn attempts by the F.D.A. to restrict the use of vitamins, herbs, and other supplements. Until such time as the tyrannical and futile drug prohibition is repealed, we advocate immediate reclassification of all drugs, particularly marijuana and heroin, to make them available for medicinal use.

We oppose the attempt by state and local governments to deny parents the right to choose the option of home births and to discourage the development of privately funded women's clinics. We call for the repeal of all laws that restrict the practice of lay midwifery or that permit harassment of lay midwives and home birth practitioners. We also call for the repeal of all medical licensing laws, which have raised medical costs while creating a government-imposed monopoly of doctors and hospitals.

Since a person's body is his or her own property, we favor repeal of the existing prohibition on the commercial sale and purchase of body parts.

We favor the deregulation of the health insurance industry, and oppose government- imposed limits on its use of genetic and other screening and testing methods. We oppose laws that limit the freedom of contract of patients and health care professionals, and laws regulating the supply of legal aid on a contingency fee basis. We also oppose subsidy of malpractice insurance through public funds. We call for the repeal of laws forcing health care professionals to render medical services in emergencies or other situations.

We recognize that AIDS is a dread disease of epidemic proportions. But governmental proposals to combat it present an unprecedented threat to individual liberty and often encourage the spread of the disease. We oppose all government-mandated AIDS testing. We are opposed to FDA restrictions which make it difficult for individuals to secure treatment for this disease. We also call for the decriminalization of hypodermic syringes, especially since sharing needles is now a major means of transmission of the disease. We oppose government-mandated contact tracing and state intervention into the private medical records of individuals. We are opposed to efforts by the government, especially the postal service, to restrict the dissemination of AIDS education material. We support the rights of all individuals to freedom of association including the right not to associate.

We condemn attempts at the federal, state, or local level to cripple the advance of science by governmental restriction of research. We oppose subsidies to, or restrictions of, medical education. We call for an end to government policies compelling individuals to submit to medical experiments, treatment, and testing. We condemn compulsory hospitalization, compulsory vaccination, and compulsory fluoridation. As interim measures, we advocate dollar-for-dollar tax credits to any individual or group providing health care services to the needy or paying for such services. Tax credits should also be made available for private grants to medical education and medical research.

Because all individuals should have full responsibility and control of their own lives, we support the right of terminally or hopelessly ill persons to end their lives. We support the freedom to use living wills and durable medical powers of attorney in which individuals declare the manner in which they are to be treated and the procedures for disposal of their remains. In the absence of such wills and the ability for the individual to choose (e.g. coma) the matter should be decided by such person or persons as the individual may have clearly preferred, with whatever guidance they may desire. In keeping with the principle of non-coercion, no individual shall be forced to either continue or terminate life sustaining care. This right does not entitle individuals to force medical professionals or others to assist them in ending their lives or in continuing life support.

Because existing tax policy has dampened price competition and consumer cost-consciousness in the medical industry, we would provide not only tax breaks for employer-provided health plans (whose value is not currently taxed as income), but also individual tax credits so that families can choose their own health plans.

[replaced by the following language]

Recent decades have witnessed growing government involvement in the health care system. That involvement has led to bureaucratic top-down management, rapidly escalating prices, costly regulations, and a host of other problems. None of these problems was prevalent prior to the time when government began to increase its involvement. We believe that government involvement is the principle cause of many of the problems we face in the health care system today. Therefore we favor restoring and reviving a free market health care system.

We advocate a complete separation of medicine from the state. We recognize the right of individuals to determine free from government interference and its harmful side effects the level of insurance they want, the level of care they want, the care providers they want, the medicines and treatments they will use, and all other aspects of their medical care. We oppose any government restriction on funding of medical or scientific research, including cloning.

We support an end to government-provided health insurance and health care. Both of these functions can be more effectively provide in the private sector. The high cost of health insurance is largely due to government's excessive regulation of the industry. Government's role in any kind of insurance should only be to enforce contracts when necessary, not to dictate to insurance companies and consumers which kinds of insurance contracts they may voluntarily agree upon.

(Passed 14-4)

III.15. Election Laws
We call for an end to government control of political parties, consistent with First Amendment rights to freedom of association and freedom of expression. As private voluntary groups, political parties should be allowed to establish their own rules for nomination procedures, primaries, and conventions.

We urge repeal of the Federal Election Campaign Act which suppresses voluntary support of candidates and parties, compels taxpayers to subsidize politicians and political views which many do not wish to support, invades the privacy of American citizens, and protects the Republican and Democratic parties from competition. This law is particularly dangerous as it enables the federal government to control the elections of its own further reducing its accountability to the citizens.

Elections at all levels should be in the control of those who wish to participate in or support them voluntarily. We therefore call for an end to any tax-financed subsidies to candidates or parties and the repeal of all laws which restrict voluntary financing of election campaigns.

Many state legislatures have established prohibitively restrictive laws which in effect exclude alternative candidates and parties from their rightful place on election ballots. Such laws wrongfully deny ballot access to political candidates and groups and further deny the voters their right to consider all legitimate alternatives. We hold that no state has an interest to protect in this area except for the fair and efficient conduct of elections.

The Australian ballot system, introduced into the United States in the late nineteenth century, is an abridgement of freedom of expression and of voting rights. Under it, the names of all the officially approved candidates are printed in a single government sponsored format and the voter indicates his or her choice by marking it or by writing in an approved but unlisted candidate's name. We should return to the previous electoral system where there was no official ballot or candidate approval at all, and therefore no state or federal restriction of access to a "single ballot." Instead, voters submitted their own choices and had the option of using "tickets" or cards printed by candidates or political parties.

In order to grant voters a full range of choice in federal, state, and local elections, we propose the addition of the alternative "None of the above is acceptable" to all ballots. We further propose that in the event that "noneof the above is acceptable" receives a plurality of votes in any election, the elective office for that term should remain unfilled and unfunded.

[replaced by the following language]

We have seen governments abroad use their political power to stifle political competition and crush political opposition. The same process is taking place in America. Laws are being passed which make it harder for political challengers to get on the ballot and harder for new political parties to establish their own rules for nomination procedures, primaries, and conventions. We believe that such laws are inconsistent with the First Amendment rights assuring freedom of association and freedom of expression. We call for minimal ballot access requirements and an end to regulation of political parties by law.

We favor repeal of the Federal Election Campaign Act which limits the ability of Americans to support the political candidates of their choice and, at the same time, forces taxpayers to subsidize politicians and political views which many do not wish to support.

We also recognize that, at times, a majority of voters are not supportive of any candidate for a given office. We support the addition of "None of the above is acceptable" to all ballots. We further propose that in the event that "None of the above is acceptable" receives a plurality of votes in any election,a new election for that office must be held with new candidates.

(Passed: 15-0)


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