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Libertarian Party Platform

by Libertarian Party

The 1991 Platform of the Libertarian Party of California

As adopted in convention on the Seventeenth of February, 1991.

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.

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 pre-trial 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.

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. THE RIGHT TO KEEP AND BEAR ARMS

Recognizing that the right to life, liberty, and property implies a right to defense of self and property, and that 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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 pre-school 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 non-professional 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. 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 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. POLLUTION

The pollution of air and water 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. We support development of an objective system defining individual property rights to air and water. 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.

15. 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.

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. The decontrol of natural gas pricing.

f. 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, especially so-called "windfall profits" taxes.

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.

16. 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.

17. 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 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
286 Greenhouse Mkpl. #362
San Leandro, CA 94579
800-637-1776

 
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