Platform Committee Report 2010
In accordance with the Bylaws of the Libertarian Party of Colorado (as amended in Assembly / Convention - March 16th, 2009), the Libertarian Party of Colorado Board of Directors created a Platform Committee for 2010, consisting of the following members:
Richard C. Randall Committee Chair (LPCO Delegate to the LP National Platform Committee)
David K. Williams, Jr. (LPCO State Chair)
Jaime Brown (LPCO Publications Director)
Clint Jones (LPCO Membership Director)
Debbie L. Schum (LPCO Western Slope Outreach Director, Chair of the LP of Delta County & LPCO Delegate to the LP National Platform Committee)
Travis Nicks (former LPCO State Chair)
The following plank was crafted 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 2010 recommends the following addition to the Libertarian Party of Colorado Platform be referred to the membership for consideration:
Colorado State Sovereignty
Although the United States Constitution clearly specifies those limited powers that the federal government may exercise, Congress has repeatedly ignored these limitations; often citing the “General Welfare Clause” or the “Commerce Clause” of the Constitution in an attempt to justify their actions. Congress has exercised certain powers beyond its Constitutional authority through enacting laws requiring the states to fulfill unfunded mandates and by coercing the states to implement national programs consistent with national “minimum standards”; a system known as “cooperative federalism”.
Examples of un-Constitutional federal mandates includes gun control (e.g., the Brady Bill), violations of personal privacy (e.g., the Real ID Act of 2005, the USA Patriot Act), prohibiting use of various drugs such as marijuana (e.g., the Uniform State Narcotic Act and later the Comprehensive Drug Abuse Prevention and Control Act of 1970), and many more. Congress has also used coercion through requiring certain state laws to conform with federal guidelines as a condition for the state to be eligible for federal funding. For example, federal educational funds may not be allocated to states without implementation of special education programs in compliance with IDEA. Similarly, the nationwide state 55 mph (90 km/h) speed limit, .08 legal blood alcohol limit, and the nationwide state 21-year drinking age were imposed through this method; the states would lose highway funding if they refused to pass such laws. Although the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not commandeer the legislative and regulatory processes of the states; the practice of “cooperative federalism” has continued.
In a free society, government is established of, by, and for the people. The United States Constitution specifies which powers the federal government may exercise, and forbids any others. The Tenth Amendment to the Constitution is explicit: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Colorado House Joint Resolution HJR 94-1035, adopted in 1994, gave notice to the federal government that the State of Colorado claims sovereignty, under the 10th Amendment to the Constitution of the United States, over all powers not otherwise enumerated and granted to the federal government by the United States Constitution. That Resolution served as Notice and Demand that the federal government, as our agent, was instructed to immediately cease and desist any and all mandates that are beyond the scope of its Constitutionally authorized powers.
The Colorado Revised Statutes contain far too many laws that were passed under the coercion of “cooperative federalism” to list here. Similarly, far too many unfunded federal mandates have been implemented at the expense of Colorado taxpayers.
All of the Colorado Revised Statutes passed under coercion from Congress in conflict with the human or civil rights of the people of Colorado should be immediately repealed. Similarly, all unfunded mandates from Congress that are not within the proper role of government protecting the human or civil rights of the people of Colorado should be immediately discontinued.
In order to prevent federal agents from enforcing laws violating the 10th Amendment, there should be a state law making it a crime for any federal officer to arrest, search, or seize the property of anyone in Colorado without first obtaining the advanced, written permission of the highest level locally-elected authority responsible for law enforcement in the locale where the event is to take place. This would provide locally-elected, accountable law enforcement authorities with the tools necessary to protect the constitutional rights of the people they were elected to serve.