2009 Platform Committee Report

Libertarian Party of Colorado

The Party of Principle

Platform Committee Report ­ 2009

Introduction
In accordance with the Bylaws of the Libertarian Party of Colorado (as amended in Assembly / Convention ­ March 8th, 2008), the Libertarian Party of Colorado Board of Directors created a Platform Committee for 2009, consisting of the following members:

Richard C. Randall (LPCO Media Director) ­ Committee Chair
David K. Williams, Jr. (LPCO Legislative Director)
Jaime Brown (LPCO Publications Director)
Debbie L. Schum (Chair of the LP of Delta County)
Randy Luallen (Membership Director for the LP of Boulder County)
Seth Anthony (Chair of the LPCSU – Ft. Collins)
Randall Grant
Robert Lewis
Theresa Corso
Travis Nicks (LPCO State Chair)

Recommendations
The following planks were compiled with an intent to maintain consistency with both the National Libertarian Party “Statement of Principles” and the Libertarian Party of Colorado “Values” statement — found in the current LPCO Platform.

Every effort was made to avoid proposing planks containing broad, sweeping generalizations and philosophical rhetoric. Instead, each plank is designed to state a specific problem (the Issue), describe how the issue is inconsistent with Libertarian philosophy (the Principle), and describe a specific real-world solution for the problem. Where ever possible, the specific CRS (Colorado Revised Statute) or Colorado State Constitution section is cited.

The LPCO Platform Committee for 2009 recommends the following changes to the the Libertarian Party of Colorado Platform be referred to the membership for consideration. The vote will be referenced by Item#.

Item# 1

AMENDMENT FOR CLARIFICATION – Deletions to existing language are identified through “strike through” text. Additions are identified through underlined text.

Values
In the same spirit possessed by the abolitionists who fought to free the slaves, Libertarians believe that freedom is a fundamental human right. With the same conviction as the women’s suffrage movement, which secured for women the right to vote, Libertarians believe that all citizens should enjoy equal civil rights. Sharing the vision of those patriots who signed the Declaration of Independence, Libertarians believe that the role of government is to protect these rights.

As freedom is rooted in individual rights, only people enjoying their full human and civil rights are truly free and are able to enjoy the full benefits of their liberty. When liberty flourishes, people are free to build lives in which opportunities for personal, economic and social advancement abound. Individuals living free lives will create a society that accepts a diversity of beliefs, values, and ideas while fostering a free marketplace in which voluntary, mutually beneficial interactions improve the quality of life for all. Liberty is founded upon the recognition and mutual respect of human and civil rights.

A right is the ultimate personal authority to perform some act. A right can never obligate others to perform an act, as this would force others into servitude. A free people have the right to live in whatever manner they choose, so long as they do not commit fraud or forcibly interfere with the equal right of others to live in whatever manner they choose. In a free society, no one is forced to sacrifice their values for the benefit of others.

While human rights are enjoyed by all people through virtue of our humanity, civil rights are enjoyed only by citizens. All types of rights are equal, meaning that the rights of no individual or group can be greater than those of any single individual. And the exercise of every right imposes an appropriate level of responsibility upon that person. Because the exercise of some rights requires the ability to understand the possible consequences from our actions, some rights may not be realized until an appropriate level of comprehension and responsibility is reached.

In contrast to rights, a privilege is permission from an authority to perform some act. While all types of rights are equal, privileges are not equal and give some individuals advantage over others. Because all legitimate power stems from the people, governments may only grant such privileges, typically in the form of licenses or permits, as the people have authorized. The people do not possess the authority to empower government to infringe upon human or civil rights for any reason. However, when people violate the rights of others, those individuals forfeit their rights to the extent necessary for justice to be restored.

To respect human rights is to acknowledge self-ownership of the individual. To violate human rights, by requiring licenses or permits to exercise those rights, is to disregard self-ownership of the individual, and is a form of subjugation.

To respect civil rights is to acknowledge that government derives its just powers from the consent of the governed. To deny people their civil rights, such as voting, is to govern without the consent of the people.

In a free society, government is established of, by, and for the people. The purpose of government is to protect our human and civil rights, establish a judicial system, and provide for the common defense against foreign military forces, and serve as steward of our public resources. In order to respect the economic freedom of people, government may only be funded through excise (consumption-based) taxes on goods and services. The public servants within government, entrusted to serve as responsible stewards of our public resources, must be fully accountable to the people.

Item# 2

AMENDMENT FOR CLARIFICATION – Deletions to existing language are identified through “strike through” text. Additions are identified through underlined text.

Right to Work and Right to Unionize

The Issue:
Politicians across the political spectrum seek to alter the balance of power in negotiations between employees and employers by restricting the freedom of all sides to negotiate freely on a level playing field. Restricting employers, unions, or workers from seeking the terms and conditions they desire infringes on freedom of contract and distorts the free market, ultimately to the detriment of businesses, employees, and the economy as a whole.

The Principle:
The contract between an employer and employee is a voluntary relationship — both sides choose to enter into it and can only fairly negotiate on the terms of the contract when not interfered with by government. The relationships between employers, employees, and labor unions should be decided by private negotiations between those parties, without government interference.

Therefore, government may not prohibit “closed shops” because that would interfere with an employer’s right to request union membership as a condition of an employment contract; similarly, governments may not mandate “closed shops” because they impose involuntary conditions on employment contracts that neither the employer nor the employee may agree to. There is no inherent “right to work,” nor a “right to unionize,” merely the freedom for all to negotiate conditions of employment on equal footing.

In a free society, there are no laws impeding the ability of any person to find employment; or forcing individuals to retire. A free people have the right to decide for themselves whether or not to associate in labor unions, and an employer has the right to recognize or refuse to recognize a union. It is not a proper role of government to interfere in bargaining, such as compulsory arbitration or imposing an obligation to bargain.

The Solution:

Short of rescinding the entire set of laws which dictate how unions must be organized in Colorado, the following changes should be made:

• Laws which prohibit certain employees from forming labor unions, such as CRS 8-3-104 (11) (a), should be repealed.
• Laws which prohibit competition among labor unions, such as CRS 8-3-107, should be repealed.
• Laws which limit the ways in which unions may negotiate with employers, such as portions CRS 8-3-108 (1) (c), which prohibit “all-union agreements” except under certain circumstances, should be repealed.
• Laws which force employers to negotiate with unions against their will, such as CRS 8-3-108 (1) (d) should be repealed.
• Laws which limit the ability to employees to strike, such as CRS 8-3-108 (2) (e) (f), (i), and (j) and CRS 8-3-113, should be repealed.
• Laws which prohibit certain terms or conditions in employment contracts, such as the proposed “Colorado Right to Work Amendment,” should be opposed.

 

Item# 3

State Income Tax

The Issue:
Unlike Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming (which operate without an income tax), Colorado added an income tax on November 3, 1936. The Colorado income tax rate is a flat 4.63 percent of the individual federal taxable income, regardless of income level.

Colorado receives 5.2 billion from income tax (per the 2009 / 2010 budget), of which it spends:

• 7 million on “economic development” (which is inconsistent with the proper role of government in a free society and promotes corruption / corporatism)
• 100 million on funding drug prohibition (which is not currently allowed by the Colorado Constitution)

The 2009 / 2010 Income tax revenue growth is at 4.5%, yet unemployment is at 5.2%, and capital gains is down 60%. Clearly taxing labor is causing an adverse effect on economic growth. The 2009 / 2010 sales tax is forecasted to be negative 3.0% (per 2009 / 2010 budget).

By eliminating the state income tax, and allowing the 5.2 billion dollars to be spent in the economy, the sales tax revenue will automatically increase. As a result of the sharp increase in sales, there will follow a sharp increase in capital gains, reversing the abysmal 60% reduction over the past year. This of course will spur increased investment which will greatly improve Colorado’s economy.

The Principle

A free society recognizes that any tax on the renumeration (salary / wages) that a person receives in exchange for their time and service (labor) violates the sacred concept of self-ownership. The only legitimate means of funding government in a free society is through excise (consumption-based) taxes on goods and services (paid by the buyer, not the seller).

The Solution:

• Article X: section 17 of the Colorado Constitution should be repealed, ending the income tax.
• Article X: section 19 of the Colorado Constitution should be repealed, ending reference to the United States Income Tax.
• CRS 39-22-101 to 39-22-3503 should be repealed, ending enforcement of the Colorado income tax.