The 1992 Platform of the California Libertarian Party
The 1991 Platform of the Libertarian Party of California
As adopted in convention on the Sixteenth of February, 1992.
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 rights 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 the
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 governments exist, their sole function is
to protect 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 governments to abridge
the freedoms 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 and fraud.
Since governments, where they exist, must not violate individual
rights, we oppose all interference by government in areas of voluntary
and contractual relations among individuals. Individuals should be
left free by government to deal with one another as free traders on a
free market; and the resultant economic system, the only one compatible
with the protection of human rights, is laissez-faire capitalism.
INDIVIDUAL RIGHTS
Rights delineate the legitimate scope of human conduct. Such a
delineation is necessary to clearly distinguish actions which may
properly be opposed by force from actions which may properly be
defended against interference by force. Only to the extent such a
distinction is recognized and respected can conflict between people be
avoided and a just civilization achieved.
Each right imposes on everyone, one and only one duty; the duty to
refrain from interfering with the free exercise of that right by
everyone else. Rights cannot impose on others an obligation to act.
Thus, there can be no right to jobs, housing, health care or other
benefits. The recognition, respect, and protection by law of
individual rights is a necessary condition of civil order.
Rights are:
RIGHT TO LIFE: One has the right to exercise sole dominion over
one's own life. One has the right to pursue any life style and courses
of action one wishes, recognizing that one may not violate the rights
of others.
RIGHT TO LIBERTY: One has the right to remain autonomous from any
form of coercion, interference, or impingement by any individual or
group of individuals or government, that would impede one's pursuit of
action, thought, or security, recognizing that one may not violate the
rights of others.
RIGHT TO PROPERTY: "Property Rights" are inseparable from "Human
Rights". To lose property is to lose that portion of life spent for
that property. Property is an extension of self-ownership and is those
goods, services, materials, products of labor, or real property which
are acquired without the use of coercion, trespass or fraud. One has
the right to use, maintain, improve, control, protect, consume,
destroy, or dispose of one's own property as one sees fit, recognizing
that one may not violate the rights of others. The defense of property
is a form of self-defense.
Members of the Libertarian Party do not necessarily advocate or
condone any of the practices which our policies would make legal. Our
exclusion of moral approval or 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 society's routinely denying people the
opportunity to exercise it. Libertarian policies will create a society
where people are free to make and learn from their own decisions.
IMPLEMENTATION
While recognizing that our society, shaped by government
interventions, is complex and resistant to change, we intend that,
unless otherwise stated, the actions called for in the planks which
follow are to be taken immediately.
INDIVIDUAL RIGHTS AND 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. Where governments exist, they must be
unconditionally limited to prevent the infringement of individual
rights.
1. VICTIMLESS CRIMES
The enactment of laws creating victimless crimes is a legislative
attempt to force one group's life style on others. To commit a crime,
one must infringe upon the right of another.
We therefore support the following:
a. The repeal of all laws restricting the voluntary exchange of
goods or services.
b. The repeal of all laws restricting or controlling any form of
gambling.
c. The repeal of all laws which control or prohibit any
consensual sexual activity, or soliciting such activity, including
homosexuality and prostitution, among consenting adults.
d. The repeal of all laws restricting or controlling the
production, transportation, sale, possession, or use of any food, food
supplement, or drug.
e. The repeal of all laws setting up special classifications of
aliens, and the abolition of all economic and social restrictions
placed upon them.
f. The repeal of all laws permitting involuntary commitment to
mental institutions.
g. The immediate pardon and release, if incarcerated, of all
persons convicted of any "victimless crime" not involving a violation
of another's rights. The expunging of all arrest and conviction
records related to such victimless "crimes", in addition to the
nullification of the laws defining such "crimes".
2. FREEDOM OF EXPRESSION
We oppose any government restriction, regulation, or censorship of
speech, literature, or any other medium of expression. It is
especially important in a free society that government be prevented
from restricting what may be said about government itself.
Specifically, we oppose any use of governmental law enforcement
agencies to violate the privacy of or interference with those engaged
in peaceful political activities.
The United States Supreme Court has held that each community has
the power to censor distribution of materials considered to be obscene
according to "community standards." We hold that obscenity is a matter
of individual taste and that government should not prohibit anything
merely because some people are offended by it.
We deplore the practice of government invasion of newsrooms, or
the premises of any other non-suspect third parties, such as lawyers,
doctors and psychiatrists, in the name of law enforcement. We further
condemn court orders gagging press coverage of criminal proceedings.
We support the complete deregulation of television, electronic
networking, and all other forms of communication.
Since we favor application of the First Amendment to public
entities, while upholding the right of private enterprises to make
their own rules governing their own property, we oppose the enactment
-- at colleges and universities that are primarily tax-funded -- of
speech codes that ban language that is deemed offensive.
Government proposals to finance and control political campaigns
are an encroachment upon freedom of expression. These proposals limit
financial support of campaigns for candidates or issues, and thus
restrict the individual's ability to disseminate his or her views.
We oppose any government action that permits political activities
in violation of private property rights, such as the circulation of
petitions in private shopping malls against the wishes of the owners.
3. DISCRIMINATION
No individual's rights should be denied or abridged by the laws of
the United States or any state or locality on account of sex, race,
color, creed, age, national origin, marital status, sexual preference,
physical handicap or learning disability. However, we oppose any
governmental attempts to regulate private discrimination, including
discrimination in employment, housing, and the use of privately-owned
"public" accommodations. The right to trade includes the right not to
trade -- for any reason whatsoever. We affirm that government should
not use quota systems based on any of the above criterion.
4. ALIENS
We hold that all human beings have rights, not merely the citizens
of a particular country. Although private property owners have the
right to restrict others from trespassing on their property, government
restrictions on the liberty of travel, residence, and employment, such
as immigration and emigration laws, mandatory identification papers,
and work permits, are violations of human rights, and we call for their
abolition. We oppose mandatory reporting by employers of their
employees' nationalities.
We defend the right of so-called illegal aliens to seek work,
trade, and live within this country, just as we defend these rights
when possessed by current citizens. We support the right of private
property owners to provide sanctuary to persons who face arrest and
deportation as aliens. Most aliens come to this country to work, not
to collect welfare; nevertheless we oppose welfare payments to aliens
just as we oppose welfare payments to all other persons.
We applaud those individuals, groups, and communities who grant
sanctuary to these economic and political refugees.
We condemn dragnet tactics against immigrants, particularly in
their workplaces and homes.
5. OFFICIAL LANGUAGE
We oppose the forced imposition or designation by any level of
government of any particular language or languages as the official
language of the society.
Where governments exist, we expect them to make use of the lingua
franca (any of various languages used as common or commercial tongues
among people of diverse speech) in a pluralistic society. When persons
wish translations of government documents, they should pay the full
cost.
6. JUDICIAL
There are no crimes against society, the State, or the people.
There are only crimes against individuals, and these are crimes of
violence or threat of violence, property loss, and fraud.
We believe that the so-called legislative police power, which was
incorporated into the American justice system upon its formation,
should be completely eliminated from American jurisprudence. The state
should not have the power to define public necessity, public policy,
the public interest or to make legislation related thereto.
The judicial process should be an earnest attempt -- by due
process of law -- to extract reasonable restitution from a person
convicted of a crime and to convey that restitution to the victim, to
imprison or exclude criminals from society when necessary, to hold
persons to strict liability for damage they do, and to fairly settle
contract disputes.
The failure of the government judicial system to apply these
principles has led to the inability of its courts to administer justice
and to the near collapse of public confidence in the American judicial
system.
All persons should be equal before the law and entitled to due
process of law. Due process should determine innocence or guilt in a
manner designed to protect the individual rights of all persons
concerned, both the accused and the accuser. We hold that individuals
may settle their differences outside the court, if both so agree.
Until such time as persons are proven guilty of crimes, their
individual rights shall be accorded full respect.
We therefore advocate the following judicial reforms:
a. Full protection of the rights of the accused, including
complete access to all available records, information, or evidence
(held by the courts or voluntarily submitted) to be used in the
prosecution of the case.
b. Full restitution of loss incurred by persons arrested,
indicted, tried, imprisoned, or otherwise injured in the course of
criminal proceedings against them which do not result in their
conviction by the accuser, be it a law enforcement agency or private
individual.
c. The termination of all "preventive detention" procedures. No
individual shall be detained or otherwise denied freedom of movement
without formal charges being filed immediately following arrest.
d. That no person shall be tried for a crime without complaint of
the individual whose rights were violated. In the case of death or
incapacitation of the victim, complaint of the victim will be assumed
unless indicated otherwise by the victim prior to the act causing his
or her demise or incapacitation.
e. Where governments exist, the right to trial by jury regardless
of the classification of the judicial procedure, including a finding of
contempt of court, shall not be abridged.
f. All jury trial findings shall be by unanimous decision, except
that the parties to an action or proceeding may consent to a verdict by
a majority of the panel.
g. The abolition of the current practice of forced jury duty; we
favor all-volunteer juries. In addition, we advocate that all juries
in actions to which the government is a party, shall be instructed that
they have the right to judge not only the facts of the case, but also
the justice of the law. Juries may hold all laws invalid that are,
according to their conscience, unjust, and find no violation of such
laws.
h. That no persons, other than government employees whose actions
as an agent of the government have a direct bearing on the case at
hand, be compelled to appear or testify before a grand jury; nor be
denied independent legal counsel within the chambers of a grand jury
proceeding. The issuance of "Immunity from prosecution" by the court
must not be used as an excuse to deny a person his constitutional
rights.
i. Recognition of the right of private parties to conduct, at
their own expense, prosecutions against those they allege have
victimized them. Public prosecutors should not have the authority to
grant immunity from private prosecution to alleged victimizers; thus we
advocate an end to the practice of plea-bargaining without the consent
of the victim.
j. The repeal of all laws extending criminal or civil liability
to producers or vendors whose products may be used by others in the
commission of a crime.
k. The repeal of all laws establishing any category of crime
applicable to a particular age group, including statutory rape laws and
laws setting drinking ages and curfews, and an end to the practice of
incarcerating children accused of no crime. We further advocate the
abolition of the juvenile court system and of the California Youth
Authority.
l. The right of any person convicted of a crime to seek
restitution, in a separate legal action, for any violation of his or
her rights.
m. An end to the defenses of insanity or diminished capacity and
to the practice of pretrial insanity hearings to determine capacity to
stand trial.
n. The right of defendants and their counsel to inform jurors of
the jury's power to nullify any law.
7. POLICE
No person has any special right to make arrest greater than that
of any other person. The government monopoly on police protection puts
the power of violence in the hands of society's dominant groups, a
practice which inevitably harms minority groups. We note with alarm
the increasing numbers of minority individuals shot by police, as well
as growing police harassment and brutality directed toward blacks,
Hispanics, young people, and other minority persons. We therefore call
for decentralization of police protection to the neighborhood level
whenever full privatization is not possible. We oppose the expansion
of federal police forces anywhere, and particularly into California.
We oppose government police officers using unnecessary force on
the disorderly or the criminally accused or handing out what they may
consider to be instant punishments on the streets. We further deny
that police have such inherent authority. Instant-punishment policies
deprive the accused of important checks on government power -- juries
and the judicial process.
8. SOVEREIGN IMMUNITY
We favor an end to the doctrine of "Sovereign Immunity" which
implies that the State, and its agents, can do no wrong and holds that
the State, contrary to the tradition of redress of grievances, may not
be sued without its permission nor be held accountable for its actions
under civil law.
In judicial proceedings, all government agents must accept
liability, both civil and criminal, for their actions, negating the
cloak of "Official duty" as an excuse.
We oppose payment of government (tax) dollars to satisfy judgment
against agents of the State.
9. HEALTH AND MEDICINE
The health and physical well-being of individuals are not proper
concerns of government. These should be matters of personal choice and
responsibility. The State should not be involved in the regulation of
the profession of medicine or in the delivery of health care.
Therefore we advocate the following reforms:
a. The repeal of those laws and regulations which restrict and
inhibit the practice of lay midwifery and planned out-of-hospital
births and which permit harassment of lay midwives and home birth
practitioners.
b. The repeal of laws and regulations which discourage the
development of privately funded medical facilities such as women's
health clinics and free-standing birth centers.
c. The repeal of laws and regulations which prohibit and
otherwise curtail the selection and practice of unorthodox medical
procedures among which are: acupuncture, laetrile and other
controversial cancer therapies, homeopathy, and chiropractic.
d. An end to all mandatory licensing and certification
requirements for the practice of medicine.
e. An end to government subsidies to and regulation of all
schools of medicine, nursing, and the allied health care professions.
An individual should have the right to choose among available health
practices. Similarly, he or she has the right to refuse or reject
treatment or other care.
Therefore, we oppose any form of forced or mandated medication
such as fluoridation of water, compulsory vaccination, and involuntary
sterilization.
We further oppose any attempts to impose compulsory
hospitalization.
We support the right of an individual to determine his or her own
medical treatment whenever he or she wishes. In particular, we call
for the immediate end of all restrictions by the U.S. Food and Drug
Administration as well as state and local agencies.
As financing of medical and health care is the responsibility of
the individual, tax monies should not be used to fund it. We therefore
oppose: tax-supported medical care, abortion services, and research
facilities; grants and subsidies to members of the medical profession;
and all government-funded medical programs such as Medi-Cal and
neo-natal care for infants.
We oppose measures that would extend health insurance to uncovered
persons by having taxpayers pay for the uninsured; by requiring
businesses to provide insurance; or by requiring insurance companies to
insure persons or illnesses they choose not to insure.
f. Inasmuch as medical evidence has not established that AIDS is
casually transmitted, we oppose all attempts to abridge the individual
rights of persons with AIDS.
g. Since laws making sterile needles unavailable have contributed
to the spread of AIDS and other diseases, we call for the repeal of
those laws.
10. REPRODUCTIVE RIGHTS
We defend the right of all persons to privacy in and control over
every aspect of their biological nature, such as contraception,
abortion, or other termination of pregnancy, and free choice in all
sexual relations. No laws regulating these areas can be justified. We
specifically oppose laws which mandate giving information to or
receiving information from a woman seeking abortion, or other
termination of pregnancy, or mandating the consent of any other party.
11. DRAFT
We oppose the draft, registration for the draft, and any form of
compulsory service as slavery, the most fundamental violation of
individual rights and also unnecessary for the maintenance of a strong
national defense.
12. MARRIAGE
We regard marriage as a private contractual agreement. The State
of California should neither dictate, prohibit, control, nor encourage
any such agreement.
To implement this principle, we advocate:
a. The repeal of all marriage and marriage dissolution laws and
their replacement by contracts where desired by the parties.
b. Property not specified as "community property" not being
presumed as such.
c. The repeal of all laws regarding use of maiden names.
d. The repeal of all alimony laws.
e. The recognition in law of marriage contracts as an addition
to, or replacement for, marriage and marriage dissolution laws.
f. The right of all consenting adult persons to form marriage
contracts without regard to gender, sexual preference, degree of
consanguinity, or number of parties to said contracts.
13. RIGHTS OF CHILDREN
We recognize that children are entitled to many more of the rights
of human beings than they now enjoy.
We therefore support:
a. The right of children to the full protection of the law
against physical abuse.
b. The right of children to leave home whenever they choose to
take on the responsibility for their own support and actions.
c. The right of children to own and dispose of property.
14. FAMILY LIFE
Governments at all levels are intruding on the integrity of
families and households. We support the right of families and
households as contractual institutions to be free of governmental
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 families
and households to conform to a rigid, inflexible design. Moreover, we
condemn the usurpation by government of activities long carried out by
families and households. This usurpations accomplished through
"morals laws", government welfare programs, C.P.S., and public schools.
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.
15. THE RIGHT TO KEEP AND BEAR ARMS
Because the right to life, liberty, and property implies a right
of defense of self and property, and a right to acquire and maintain
the tools to exercise such self defense, and because an armed
citizenry is the final defense against government tyranny, we support:
a. The repeal of laws regulating the ownership and bearing of
arms, including automatic or so-called assault weapons.
b. The elimination of registration and all other government
records pertaining to ownership of arms.
c. The repeal of laws requiring permission from any government
agency for the purpose relating to arms and ammunition.
Further, we oppose extension of liability to the manufacturers or
vendors of arms for crimes committed by the users of such arms.
16. FREEDOM OF RELIGION
We defend the rights of individuals to engage or not engage in any
religious activities which do not violate the rights of others. In
order to defend religious freedoms, we advocate a strict separation of
church and state. We oppose government actions which either aid or
attack any religion. We oppose taxation of church property for the
same reason we oppose all taxation. We oppose any government
requirement that one believe in a "god" or a "divine being" and call
for the removal of such phrases as "so help me God" from all government
oaths.
17. PROTECTION OF PRIVACY
The individual's privacy, property, and right to speak or not to
speak should not be infringed by the government. No congressional
committee, government agency, or grand jury shall have the power to
compel any person to appear or testify. Government-mandated
record-keeping by private parties is a form of involuntary servitude
and should be abolished. Correspondence, bank, and other financial
transactions and records, doctors' and lawyers' communications,
employment and other voluntarily kept records should not be open to
review by government without the consent of all parties involved in
these records.
So long as the national census and all federal, state, and other
government agency compilations of data on an individual continue to
exist, they should be compiled only with the consent of the persons
from or about whom the data are sought.
We oppose laws requiring parents to register the births of their
children.
18. INVOLUNTARY COMMITMENT
We oppose the involuntary commitment of any person to a mental
institution. The power of the State of California to institutionalize
an individual who has not been convicted of a crime is a violation of
the individual's rights.
We further advocate:
a. The repeal of all laws permitting involuntary psychiatric
treatment, or forbidding voluntary termination of treatment.
b. The discontinuation of all government or government-sponsored
programs for observational study, experimentation, or treatment.
c. An end to all involuntary treatment of prisoners and others by
such means as electro-shock, psycho-surgery, drug therapy, and aversion
therapy.
d. The privatization of all state-financed mental institutions.
19. ALCOHOL
We oppose the regulation of alcoholic beverages by the State of
California.
Specifically, we oppose setting a drinking age or using zoning or
land use laws to restrict the placement of bars or liquor stores. We
also oppose road blocks that stop and detain sober motorists on public
roads. Private road owners should be free to exclude alcohol abusers
or others from their roads for safety or any other reasons.
20. ELECTION REFORM
The selection of a candidate by a political party is a matter in
which the State has no legitimate interest.
We therefore oppose the system of tax-financed primary elections
and call for the nomination of all candidates without governmental
supervision or intervention, as a private matter involving only the
members of the party concerned.
We also oppose laws which forbid partisan political designations
in local elections and, at the state level, for the office of
Superintendent of Public Instruction.
We further oppose all proposals to regulate the broadcasting of
election results, and all laws governing the broadcast coverage of
campaigns, including the fairness doctrine, the equal time rule, and
the reasonable access provision.
We oppose any limitation on the amount of money an individual or
corporation can spend supporting any candidate or ballot issue on the
federal, state, or local level. We also oppose the public financing of
election campaigns and the mandatory reporting of campaign donations
and expenditures.
The ballot choice in California elections does not always
represent a true choice of philosophy among candidates. The electorate
often has no positive feelings toward any candidate, but, on the
contrary, often has distinctly negative feelings toward all candidates.
Therefore the Libertarian Party of California endorses:
a. Placing on all election ballots, beneath each election office,
the option "none of the above is acceptable."
b. The provision that any elective office remain vacant if the
category "none of the above is acceptable" receives a plurality of
votes, until a subsequent election to fill the office is held.
21. LEGISLATURE
We oppose a full-time legislature in California and support
efforts to make the job of legislator at most a part-time one with
drastically reduced salaries, staff, and expenses.
22. SECESSION
We recognize the right to political secession. This includes the
right of secession by political entities, private groups, or
individuals. Exercise of this right, like the exercise of all rights,
does not remove legal and moral obligations not to violate the rights
of others.
INDIVIDUAL RIGHTS AND THE ECONOMY
Each person has the right to offer goods and services to others.
Government interference can only harm such free activity. Thus we
oppose all intervention by government in the economy. Any law
enforcement in economic matters must be limited to protecting property
rights, adjudicating disputes, enforcing voluntary contracts, and
providing a framework in which voluntary trade is protected. All
efforts by the State of California to redistribute wealth or to control
or manage trade are inconsistent with a free society.
1. TAXATION
Taxation is confiscation by government of property of its citizens
and, because of its non-voluntary nature, cannot be justified,
regardless of the purpose for which the proceeds are to be used.
Therefore, we oppose taxation of any kind.
To that end, we support any and all initiatives to cut or abolish
any tax. We call for:
a. The repeal of all income taxes.
b. The repeal of all sales and use taxes, including special taxes
on so-called sinful activities.
c. The repeal of all corporate and business taxes and fees,
including special burdens on business inventories and out-of-state
business firms.
d. The repeal of all gift and inheritance taxes.
e. The repeal of all property taxes.
f. The abolition of all tax collecting agencies, including the
Franchise Tax Board and the Board of Equalization.
We oppose all suggestions to split the owners' property tax rolls
in order to increase the burden on business property, and to increase
revenues.
We also oppose all efforts to repeal or undermine existing laws
requiring greater than simple majority vote to raise to raise taxes.
We further oppose any compulsory withholding of any taxes or fees
from the paychecks of California workers.
We advocate that so-called "public services" be funded in the same
manner as private organizations -- through voluntary contributions and
charges for services which have been voluntarily contracted for by the
user.
2. LAND USE AND PUBLIC PROPERTY
We recognize the right of property owners to control, use,
transfer or dispose of their property in any manner that does not
violate the rights of others. We believe that rights to land and any
related water, oil or mineral rights are entitled to the same respect
and protection. We reject any governmental assertion of "police
powers" to regulate private property under the guise of "furthering the
public health, safety, morals, or general welfare."
Therefore, we advocate -- on a statewide basis wherever possible
-- the following:
a. The abolition of zoning laws and building codes, which may be
replaced by restrictive covenants, among other voluntary means.
b. The abolition of all rent control laws, regulations, boards,
mandatory low-income housing quotas in new developments, and all
condominium conversion restrictions.
c. The repeal of eminent domain and all forms of condemnation of
property.
d. The privatization of government-held lands, including parks
and beaches, and the abolition of the California Coastal Commission and
any other regional land use agencies.
e. The adoption of private remedies, including civil legal
action, for redress of property rights violations.
f. The abolition of any restrictions on a landlord's right to
maintain "adults only" rental units.
3. EDUCATION
We reject the idea that the financing and control of education is
a proper function of government, and call for the privatization of
public education in California.
To that end, we advocate the following:
a. An end to compulsory busing.
b. An end to compulsory school attendance.
c. An end to interference with home schooling.
d. Unlimited tax credit, equal to the amount of the assistance,
for any individual or business sponsoring a person in an educational
institution.
e. An end to licensing and regulation of private and parochial
schools.
f. Allowing students to attend any school regardless of district
boundaries.
g. An end to government or tax-funded preschools programs.
h. A replacement of tax funding of government schools, at all
levels, by the use of tuition and other voluntary means.
i. An end to government subsidy of private education.
j. An end to tax-financed research (such as research in military
hardware and techniques, farming techniques and applications of high
technology) in California educational institutions.
k. Retention of tax-exempt status for all private schools,
including religiously-affiliated schools.
l. Abolition of California's monopoly lottery system for finance
of education.
4. ARTS AND SOCIETY
Artistic expression and its development should not be a concern of
the State. Such a concern is an attempt to mandate aesthetic judgment
and taste.
There should be no involvement of the State in the arts, in either
a supportive or negative role. As we oppose censorship, so we oppose
government subsidies, grants and commissions to both individual artists
and organizations such as tax-supported museums.
Taxation of any individual to support another -- whether an artist
or not -- is a form of theft. Taxation of an artist to support another
artist is a form of censorship.
Therefore we oppose all government programs concerning the arts,
such as the California Arts Council, and urge their prompt dissolution.
5. WELFARE
Government welfare programs violate the individual rights of two
groups: those who have their property coercively taken from them and
given to others, and those who receive this stolen property and whose
economic lives are, thus, extensively controlled by the State. The
need of one person is not a claim on another, and we therefore urge an
end to government welfare programs.
We believe that ending government interference in the economy will
greatly decrease the need for welfare.
The current oppressive burden of taxation and government provision
of welfare impair and stifle the ability of people to make donations to
meet the needs of those who cannot support themselves.
We also recognize that there exists a large group of oppressed
people whose very survival is currently dependent on welfare programs.
This group was largely created by State action. Many groups in our
society are subsidized with tax money, but only the poor are blamed for
it, even through their potential jobs are destroyed by minimum wage and
licensing laws and their homes are destroyed by urban renewal.
We advocate the development of private voluntary programs to aid
the dependent and oppressed to become truly independent,
self-supporting, productive individuals.
As goals, we suggest the following:
a. An end to participation by the State of California in the Food
Stamp, school lunch and Medi-Cal programs.
b. The end of California programs to aid families with dependent
children, and general welfare relief programs.
c. The privatization of state, county, and district hospitals and
other government-funded health services.
d. The privatization of government-funded job training,
retraining, and employment development programs.
e. The privatization of state-supported child care.
f. The non-adoption by the State of California of welfare
programs terminated by the federal government.
6. MONEY AND BANKING
We call for the repeal of all legal tender laws and reaffirm the
right to private ownership of, and contracts for, gold. We favor
abolition of government fiat money and compulsory government unit of
account. We favor the use of a free-market commodity standard, such as
gold coins denominated by units of weight.
We favor deregulation of financial institutions and other
businesses by ending the following:
a. Requiring the chartering of banks.
b. State usury laws.
c. The limiting of branch banking.
d. The governmental definition of different classes of financial
institutions.
e. The proscription of types of business which financial
institutions are allowed to conduct, including the underwriting and
sale of insurance.
f. The prohibition of branches of out-of-state banks.
g. All laws or regulations controlling, regulating, or
prohibiting the raising of funds or the sale of securities by an
individual, partnership or corporation for any legal business purpose.
7. TRANSPORTATION AND MASS TRANSIT
We recognize that transit service has become a major problem in
many areas. This problem is properly solvable only through voluntary
action in the free market. Governmental interference in transit
services has been characterized by monopolistic restrictions and gross
inefficiency.
We therefore advocate the following:
a. The repeal of all laws restricting transit competition, such
as the granting of taxicab and bus monopolies and the prohibition of
private jitney services.
b. The privatization of all public roads, freeways, waterways,
and publicly-owned transit systems.
c. An end to government financing of mass transit projects.
d. An end to government regulation of private transit
organizations and to government favors, including subsidies and access
to powers of eminent domain.
e. The transfer to private ownership of airports and air traffic
control.
f. The privatization of Amtrak and Conrail, and the return of
America's railroad system to private ownership without government
regulation or subsidies.
g. The abolition of state and local agencies such as the
California Public Utilities Commission, the Metropolitan Transportation
Commission, the California Department of Transportation, the Bay Area
Rapid Transit District, the Southern California Rapid Transit District,
and various other local and regional transit authorities. In addition
to the dissolution of federal agencies, we propose deregulation of the
trucking industry at the state, as well as federal, level.
h. We oppose laws mandating that manufacturers or
passenger-vehicle owners install seat belts, air bags, or other
restraints. We also oppose laws requiring the use of such devices
while driving.
i. We oppose laws mandating motorcycle helmet use.
8. SUBSIDIES
In order to achieve a free economy in which government victimizes
no one for the benefit of anyone else, we oppose all government
subsidies. Relief from taxation is not a subsidy.
9. LICENSING LAWS
We advocate the repeal of all licensing laws, whether for the
purpose of raising revenue or for the purpose of controlling any
profession, trade, or activity. No individual should be legally
penalized for not possessing certification. No consumer should be
legally restrained from hiring non-certified individuals.
"Certification of Competency" can best, and should only, be
provided by the free market. Examples of free market certification
would be adherence to voluntary professional standards, or bonding by
those organizations or individuals who would accept financial
responsibility for the actions of the bonded party. In their own best
interest, indemnitors would determine the competency of a particular
professional before certification, bonding or insuring against
malpractice.
10. CONSUMER PROTECTION
We advocate the use of private civil litigation, as opposed to
regulation by government agencies, to combat product mislabeling,
misrepresentation, and default of contract. The right to produce and
purchase products and services must not be restricted by law.
Regulations intended to protect consumers have often had the
opposite effect, since government rarely knows as much about consumers'
needs as they do. So-called consumer protection laws are often used by
established businesses to stifle innovative rivals. In addition, such
laws have caused considerable harm by lulling consumers into assuming
that government would protect them from bad products and services. In
the free market, consumers would be protected because:
A good name is an asset to a business and it can best be
maintained by fair and honest dealing.
The use of certificates, guarantees, and warranties issued by
manufacturers and suppliers of goods and services is a protection to
the consumer.
Both professional and nonprofessionals people can voluntarily form
associations for the specific purpose of maintaining high standards
both in work and behavior.
Privately-owned consumer protection organizations producing
journals and magazines would proliferate in a free market.
We therefore endorse and advocate the following:
a. The elimination of all government consumer affairs bureaus or
departments.
b. The repeal of all laws regulating the production,
transportation, sale, possession, advertising, quality, safety, or use
of any product or service.
11. UNIONS AND COLLECTIVE BARGAINING
As we support the right of all individuals to enter into
contracts, so we oppose all government interference in
employer-employee relationships. Therefore, we oppose
government-mandated "right of access" to private property for purposes
of union organizing, government-sponsored elections on establishing
unions, and government-defined collective bargaining units.
We support the right of persons to voluntarily establish,
associate with, or not associate with labor unions. An employer has
the right to recognize, or refuse to recognize a union as the
collective bargaining agent of some or all employees. Therefore, we
oppose "right to work" laws because they prohibit employers from making
voluntary contracts with unions. Likewise, unions have the right to
organize secondary boycotts, if in so doing they do not violate
individual rights or existing contractual agreements. We do not
countenance individuals or associations, whether management or labor,
making efforts to coerce collective bargaining agreements.
We oppose government interference in contract negotiations, such
as compulsory arbitration or imposing an obligation to negotiate. We
call for the repeal of all government laws and regulations interfering
with employer-employee relationships such as the wage and hour laws,
the Wagner Act, the Taft-Hartley Act, the California Occupational
Safety and Health Act, and the California Farm Labor Act.
We repudiate the notion that the government should decree wages in
accordance with its arbitrary political notions of comparable worth,
and oppose all laws based on this concept.
12. CONSERVATION
We support the right of private citizens and organizations to
rightfully acquire natural resources for the purpose of conservation.
However, the desire to conserve natural resources is not a valid excuse
for the violation of individual rights, and we therefore oppose such
violations.
We oppose government-mandated conservation. Conservation should
be the choice of the owners of private property.
We therefore advocate:
a. That methods be devised for the transference to private
ownership of all currently unowned and government-held property,
including waterways and airspace.
b. That conservationists buy areas or resources they wish to
conserve.
c. That all conservation laws controlling or regulating the use,
development, sale, or production of resources -- e.g., land, minerals
and woodlands -- be repealed.
d. That private deed restrictions be the method of choice to
conserve natural resources for future generations.
13. WATER
The history of government water projects in the State of
California has been one of increased taxes to finance dams, canals, and
pipelines. The state government has supplied subsidized water to
growers who in turn produce federally subsidized crops, especially rice
and cotton. Government-run water rationing has channeled water to
political favorites and burdened the public with arbitrary cutbacks.
Government-aided insurance programs have subsidized those living or
doing business in flood-prone areas, and created regional antagonism
between beneficiaries and victims of water policy.
We advocate basing water rights on principles of appropriation and
transferability.
We also advocate the transfer of all water works to private
ownership. We oppose the tax-financing and eminent domain land
acquisitions for all projects and facilities in the state water plan,
including the Peripheral Canal. We favor repeal of all government
drought and flood emergency powers and all government ability to impose
water rationing. We propose elimination of all government flood
insurance programs. We favor an end to all government
weather-modification programs, and we favor holding private
weather-modifying firms liable for damages they may cause.
14. AGRICULTURE
California's farmers, the people who feed much of America and the
world, have been plowed under by government intervention. Federal
government subsidies to producers, state and federal regulation, and
state and federal taxes have distorted the market in the agricultural
business. Federal government export policies hold California's farmers
hostage to the political whims of both Republican and Democratic
administrations. Federal government embargoes on grain sales and other
obstacles to free trade have frustrated the development of free and
stable trade relationships between California farmers and peoples
elsewhere in the world.
The agricultural problems facing Californians today are not
insoluble, however. Government policies can and must be reversed.
Farmers and consumers alike should be free from the meddling and
counterproductive measures of the state and federal governments -- free
to grow, sell, and buy what they want, in the quantity they want, when
they want. Five steps can be taken immediately at the state level:
a. Abolition of the state Department of Agriculture.
b. Repeal of all state marketing orders so that producers who
want to, may voluntarily establish their own promotion programs.
c. Repeal of all state programs that promote exports and
subsidize the marketing of exports.
d. Privatization of agricultural research and the ending of the
agricultural research programs of state colleges and universities and
state agencies.
e. Ending governmental involvement in agricultural pest control.
A policy of pest control should be implemented whereby private
individuals or corporations bear full responsibility for damages they
inflict on their neighbors.
15. POLLUTION
Pollution of air, water, and land violates the rights of
individuals to their lives and property. Physical harm to health or
property by pollution is as real as harm due to assault or theft and
must be dealt with through objective legal procedures. In order to
handle the problems of air, water, soil, radiation, and noise
pollution, we call for an extension of the laws governing such torts as
trespass and nuisance to cover persons who cause substantial damage by
intruding on the persons or property of others. Current government
measures concerned with pollution often bypass court proceedings
without concern for restitution to the victims of pollution or the
rights of the accused. Governments, being major contributors to
pollution, must be held legally responsible for their waste products.
We oppose all anti-litter tax laws and all mandatory
bottle-deposit laws.
We call for the abolition of the Environmental Protection Agency
and the return, to the jurisdiction of the courts, of all questions of
violations of rights to life and property.
We support holding property-owners fully liable for damages done
by their toxic waste. We oppose the creation of governmental funds,
backed by the taxing power, to finance toxic waste clean-up.
16. ENERGY
Energy shortages are caused by government interference with the
interaction of supply and demand, such as setting artificially low
prices for fuels. Such policies have discouraged production and
encouraged waste. These policies must be ended.
We support:
a. The right of persons to build, own, or use refineries,
pipelines, power-generation units, or any other productive asset, so
long as they do not violate the rights of others. Therefore, we
specifically call for the abolition of the Federal Energy Regulatory
Commission.
b. The right of sellers and buyers to trade voluntarily among
themselves without government restrictions.
c. The repeal of the federal Price-Anderson Act, which limits the
accident liability of nuclear plant owners.
d. Subjecting the utility industry to free competition without
grants of monopoly or price regulation.
e. Privatizing the ownership of natural resources on the
continental shelf.
We oppose:
a. The refusal of government agencies to permit the development
of energy sources located on government-held land.
b. Government-imposed rationing of energy products, such as any
odd/even gas rationing plan.
c. Speed limits imposed for the purpose of conserving fuel.
d. Implementation by California of federal programs for coercive
control of energy production or use.
e. State requirements that methanol be used in electrical
generation plants.
f. Restriction by the State of California of drilling for
production and/or transportation of petroleum products.
g. Any taxes on energy producers.
h. Mandatory conversion from any energy source to any other
source of energy.
i. Mandatory weatherization, insulation, and energy-oriented
building and architectural codes.
We oppose the proposed energy investment fund to be used to
subsidize co-generation, small hydroelectric facilities, synthetic fuel
production, wind power, solar power, and geothermal power. We oppose
subsidies from the Solar Cal Agency and the Public Utilities Commission
that would artificially encourage conversion to solar power. All forms
of energy should be free to compete on the market without subsidy or
artificial props or impediments.
17. GOVERNMENT MONOPOLIES
Government-operated or supported monopolies abridge individual
rights to free trade and should be abolished. We call for the repeal
of all laws which establish or support monopolies. Specifically, we
call for privatization of water supply, garbage collection, transit
systems, and telecommunications. Further, we support the right of any
person or group to conduct a lottery.
We call for repeal of any law which prohibits competition with
government monopolies. Therefore, we condemn the government-enforced
monopolistic practices of the medical, legal, and other trade and
professional associations.
18. INSURANCE
We oppose government-mandated insurance, including auto liability
insurance. Failure to obtain insurance, however, does not relieve
drivers from responsibility to pay restitution to the victims of their
actions.
We oppose no-fault auto insurance, which represents an attempt to
relieve people of the responsibility for their own actions.
We call for complete deregulation of the insurance industry.
Government has no right to set or approve insurance rates, force
insurance companies to write any particular lines of insurance, or
regulate who may sell insurance or found an insurance company.
We advocate the freedom of all individuals to engage in voluntary
informed consent agreements which do not violate the rights of third
parties. We therefore oppose any government imposed standards which
require or restrict the right of insurance companies or employers who
contract with them to use genetic and other screening and/or testing
methods.
We also oppose state unemployment insurance, workers' compensation
insurance and state disability insurance, which are quasi-taxes and
grossly inequitable. If these benefits are part of an employment
agreement, they must be voluntary between employer and employee, and be
purchased through the free-market.
OMISSIONS
Our silence about any other particular law, regulation, ordinance,
directive, edict, control, agency, activity, condition, or machination
of government should not be construed to imply our approval of such.
Nor does our advocacy of the right to perform certain activities imply
an endorsement of the activities themselves.
If you would like more information, please call or write:
The Libertarian Party of California
655 Lewelling Blvd., Suite 362
San Leandro, CA 94579
800-637-1776
or
The Libertarian Party
1528 Pennsylvania Avenue, S.E.
Washington, D.C. 20003
202-543-1988
800-682-1776
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