Dr. Scott Bradley Discusses Constitutionality Of Missile Strike On Syria

In under 8 minutes Dr. Scott Bradley, PhD in Constitutional Law and 2016 Constitution Party VP Nominee, touches on the Constitutionality of the recent missile strike launched against Syria.

 

For those saying the President has the power to launch an attack:

Article 1, Section 8, Clause 11 of the Constitution of the United States:

[The Congress shall have Power To…] Declare war

Article 2, Section 2, Clause 1 & 2 of the Constitution of the United States:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…

 

For those citing that Commander-In-Chief = ability to unilaterally launch attacks in which Americans are not in imminent danger:

Thomas Jefferson, in 1801 as President:

He was “unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defense.”

Federalist 69, Alexander Hamilton:

The President is to be the “commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States. He is to have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment; to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them with respect to the time of adjournment, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed; and to commission all officers of the United States.” In most of these particulars, the power of the President will resemble equally that of the king of Great Britain and of the governor of New York. The most material points of difference are these: — First. The President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union. The king of Great Britain and the governor of New York have at all times the entire command of all the militia within their several jurisdictions. In this article, therefore, the power of the President would be inferior to that of either the monarch or the governor. Second. The President is to be commander-in-chief of the army and navy of the United States. In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.1 The governor of New York, on the other hand, is by the constitution of the State vested only with the command of its militia and navy. But the constitutions of several of the States expressly declare their governors to be commanders-in-chief, as well of the army as navy; and it may well be a question, whether those of New Hampshire and Massachusetts, in particular, do not, in this instance, confer larger powers upon their respective governors, than could be claimed by a President of the United States.

 

For those insinuating that an Act, Treaty, Resolution, or international law warrants usurpation of the Constitution and carries the same weight as a Constitutional Amendment which changes the Constitution:

St. George Tucker, View of the Constitution of the United States:

Let it be supposed, for example, that the president and senate should stipulate by treaty with any foreign nation, that in case of war between that nation and any other, the United States should immediately declare against that nation: Can it be supposed that such a treaty would be so far the law of the land, as to take from the house of representatives their constitutional right to deliberate on the expediency or inexpediency of such a declaration of war, and to determine and act thereon, according to their own judgement?”

 

Also… James Madison, Constitutional Debates

Does it follow, because this power [treaty power] is given to Congress. That it is absolute and unlimited? I do not conceive that power is given to the President and Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation.”

 

And Thomas Jefferson, Manual of Parliamentary Practice:

“By the general power to make treaties, the Constitution must have intended to comprehend only those objects which are regulated by treaty and cannot be otherwise regulated. . . . It must have meant to except out of these rights reserved to the states, for surely the President and Senate cannot do by treaty what the whole government is interdicted from doing in any way.”

 

Obvious logical flaws with support for the strikes…

Who did it, with proof, please? – People are so convinced that Assad conducted the chemical weapon attacks. Why would he? Assad has changed the tide of the war over the past couple of years and has finally even been winning the P.R. War. None of this matters because it isn’t Constitutional, but there’s no logic behind an Assad attack.

But the innocent children!1. Don’t we hate when liberals demagogue and use the heart-wrenching, doomsday, or Alinskyite tactics? Why would conservatives resort to them? 2. We killed 4 innocent children in those strikes. If this provokes a war, how many of our children will die in a war that we have no business being in? 3. Millions of innocent AMERICAN children are murdered at the hands of Planned Parenthood. Where is the outcry regarding the genocide at home? Isn’t Trump’s daughter lobbying for PP now? Would there be rage if it were Planned Parenthood being attacked due to what they do to innocent children and women daily, or is that ok?

Was the United States in imminent danger? – Were we on the brink, with verifiable intelligence, of being attacked by Syria? Even if someone states that we were, intelligence informed us about WMD’s in Iraq, none there. They told us that Benghazi was caused by a video. Instead, our Intelligence agencies were running guns from Benghazi to Syrian rebels, aka TO ISIS!

Are we now siding with ISIS, against Christians? – It is common knowledge that Assad is fighting ISIS and has been protecting the persecuted Coptic Christians for quite some time. Are we not assisting ISIS by firing missiles on the Syrian military? Are we fighting against Christianity in the Middle East?

Ohhhhh the Hypocrisy! – Donald J. Trump in 2013 after a previous, supposed chemical weapon attack by Assad on his people via Twitter: “The President must get Congressional approval before attacking Syria-big mistake if he does not!”

 

 

Previous quotes and citations extracted from Dr. Bradley’s “To Preserve The Nation Webinars at http://www.freedomsrisingsun.com
Summers Mill Belton, TX

Constitution Party of Texas EC Meeting and State Conference

From the Constitution Party of Texas website:

 

When:
10 June 2017 all-day
Where:
Summers Mill Inn
7441 FM 1123
Belton, TX 76513
Contact:
Constitution Party of Texas (Daniel New)
254-785-2617

Our State Conference will be in Belton on June 10th, same venue as last year, Summers Mill Inn.

Jun 10 all-day

We have booked Summers Mill Inn for lodging for ten rooms for the night of June 9, and for the State Conference all day Saturday, the 10th of June.   Cost of the rooms are $96.12 apiece with all taxes included.  You can find a room in town at a nearby motel, for the night at that price or higher.

It is YOUR responsibility to book your room and pay for it – in advance.  I’ve asked them to pencil in these ten rooms as a guarantee, but as of today she still has a few empty rooms besides these.  After these it will be first-come, first-serve.

Call Summers Mill at (254) 939.6194, ask for Judy, have your credit card ready.  Or mail a check if you prefer.

Their website is http://summersmill.com/

Founded on Truth

How DO We Disestablish The U.S. Department Of Education?

Join the free 2017 conference call series focusing on the U.S. Department of Education, held by Founded On Truth.

foundedontruth
Dr. Peg Luksik

On February 7, Representative Thomas Massie introduced HR 899.  The bill is one sentence long and states that the U.S. Department of Education will be terminated on December 31, 2018.  Representative Massie’s bill is a vivid reminder of the fact that there is no Constitutional role for the federal government in education.

From Founded On Truth:

In response, our first 2017 conference call series will focus specifically on the US DOE.  In part one, Chairman Peg Luksik will explore how federal education dollars fit into overall education spending, including state and local dollars.
The conference will last no more than 30 minutes and will be available on the Founded on Truth web site for future playback.  Although there is no cost for attendance, donations are greatly appreciated.
So mark your calendars for

  • Tuesday February 28 at 8:00 PM Eastern Time
  • Dial in number 641-715-3580
  • Passcode 249850

And together, let’s begin to make the American vision of locally controlled schools a reality once again.

Interview with Darrell Castle, Constitution Party Presidential Nominee

by Peter B. Gemma, writer
dc-ustpm-001 Darrel Castle, a U.S. Marine Vietnam veteran, earned a Juris Doctorate from Memphis State University in 1979. Castle opened his own law firm in Memphis in 1984, and has concentrated his practice in the areas of bankruptcy and personal injury.

 A former Chairman of the Tennessee Constitution Party, he served as a Vice Chairman of the national party and was the running mate of Chuck Baldwin, the 2008 Constitution Party presidential candidate.  

In 1998, Mr. Castle and wife Joan founded the Mia’s Children Foundation, a Christian mission in Romania aiding homeless Gypsy children.

Peter B. Gemma: Thanks much for taking time to answer some questions. At what point in your life did you say to yourself, “I’ve got to get involved.” How did that lead up to your decision to run for president?

Darrell Castle: I got started working in the political system in 1992 when I was introduced to Howard Phillips and I was able to join Howard in helping to form and found the Constitution Party. I’ve served in the Constitution Party for almost 25 years and have held many different positions including as the 2008 Vice Presidential candidate. The members of the Party drafted me as their candidate this year.

Why am I running? I believe that the entire system of law and justice is under attack as well as the rule of law itself. This is a very dangerous time for America – we can continue to reject our foundation or we can pull back from the brink. All we have to lose is everything.

Gemma: You have stated that, “two of the first things on my agenda would be getting the United States out of the United Nations and ending the Federal Reserve.” Why those issues? How would you go about accomplishing this?

Castle: I want to see the United States as a free and independent nation once again. Membership in the United Nations is incompatible with that goal because its very nature is one of control by bureaucrats unaccountable to the American people. UN Membership is incompatible with the American way of life too – with a Constitutional Republic and the foundational principles that have made this the greatest country offering the most freedom and the most prosperity to the most people in history. Instead, the United Nations is about population control, control of economies through what it calls climate change, control of nations through Agenda 21 sustainable development policies.

I would have to end our membership through education of Congress and the American people and through withholding of funds and non-participation.

As far as the Federal Reserve, it has controlled the American monetary system for 103 years. Its initial stated goals were protection of the dollar’s value and full employment, but both are abject failures with the dollar having lost 98 percent of its value. The Fed has flooded the world with credit and debt to the point where the inevitable fall is going to be terrible. The Fed’s credit expansion explains much of the mischief engaged in by the United States government in the last few years. Unlimited budgets do that to people. Right now, the Fed is engaged in destroying the futures of retirees and other savers with zero and soon to be negative interest rates. That destruction will create more and more dependent people.

Ending it would require the same concerted effort as for the UN, but what a glorious way to spend the next four years.

Gemma: You have been quoted as saying the U.S. will have a much lower standard of living 25 years from now.  Why?

Castle: How could a nation with almost 20 trillion dollars of current debt not have a lower standard of living in 25 years? The debt is growing daily and within 25 years will have interest payments that’ll eat most or all of the budget. That’s just the on-budget debt and it doesn’t include the more that 100 trillion dollars in mandates like Social Security, Medicare, etc. This debt is un-payable and dealing with it is going to reduce our standard of living, so no one will deal with it until it is much worse.

If that were all, it would be plenty but it gets worse – changing demographics indicate a rapidly aging population with fewer and fewer young workers to support them. We have aborted too many and indebted too many and that will have to be atoned for.

One more thing: foreign entanglements will continue to require higher and higher defense expenditures so the situation will get worse at least that’s the way I see it.

Gemma: Part of your platform is opposition to something called Agenda 21. What is that, and why do you oppose it?

Castle: Agenda 21 is a United Nations initiative that is built on the premise that man is destroying the earth and so human economic activity must be greatly reduced. In effect, it is civilization in reverse or the “de-industrial revolution.”

I oppose it because the number one priority of Agenda 21 is climate change policy – they believe that human economic activity is causing the climate to change with catastrophic results for mankind. Also, they fear over-population and think killing off the earth’s population can reverse it. And they believe in the destruction of the free market because it is evil, corrupt, and only serves the rich nations – they want to enact a world socialist system.

And two more critical issues come to mind: first, cheap energy is their enemy because it allows prosperity and expanding human activity across all economic classes. In other words, it is uplifting the masses. Finally, they advocate world-controlled education such as common core. They want to propagandize the children of the world to believe all the nonsense I just mentioned so they can be good workers on the global plantation.

Why would anyone oppose all that?

Gemma: The Constitution Party platform states, “We are opposed to the flat-rate tax, national sales tax, and value added tax proposals that are being promoted as an improvement to the current tax system.” Granted you advocate a government greatly reduced in size and scope, but where will federal revenues come from instead of these tax reform proposals?

Castle: I have proposed a taxing system whereby taxes would be apportioned to the states as the census dictates. If my state of Tennessee had two percent of the nation’s population, for example, it would be liable for two percent of the budget. It would be incumbent upon the representatives from Tennessee to help hold down Federal spending. The Federal Government would be encouraged to spend less not more. The states would be empowered and Washington would be dis-empowered. Washington’s hold over the states would be broken and the states would be sovereign again – Washington would have to ask the states for money. States would be free to collect their revenue as they see fit. Alaska might tax its natural resources and Florida might tax tourism. In Nevada, it would obviously be gambling. Since people could keep their income the economy would explode with growth.

Gemma: Are press reports of you favoring decriminalizing marijuana accurate?

Castle: I favor the de-criminalization of marijuana as both a liberty and a moral issue. It is immoral in my view to take people’s liberty because they possess this substance. This would free the police, the police budgets, and create much space in our prisons.

Gemma: Why are you in favor of granting convicted felons the right to vote?

Castle: I favor examining the crimes for which a person is convicted before depriving him of the voting privilege for life. We have thousands of crimes on our books and not all of them are harmful enough to end voting privileges.

Gemma: You’ve stated that, “I would not be in favor of granting asylum to those here illegally but neither would I deport them wholesale.” Also, you agree with Donald Trump’s idea of banning all Muslims from emigrating to the U.S. What are the specifics of your position on illegal immigration?

Castle: We should secure our borders by any means necessary then examine who gets into this country by way of immigration. We can’t continue to have completely open borders and a stable country at the same time so we must know who is coming in. I do not favor asylum for those here illegally nor do I favor a path to citizenship. Welfare or entitlement programs, if you choose to call them that, should be strictly for American citizens. I have said that I would nor deport wholesale but I would not hesitate individually if the need arose.

For now it seems we have reached our capacity to absorb the Muslim population of the Middle East. I read that between one and two percent of the population of Somalia now lives in America.

Gemma: On July 2nd, you were quoted at LibertyHangout.org, as saying, “Libertarians should support me because I am more Libertarian than the two candidates of that Party,” but later you stated, “I’ve never said I was more Libertarian than Gary Johnson.” Will you clarify that?

Castle: People often quote me as saying that I am more Libertarian than Gary Johnson but it was not me who said that. My supporters listen to my interviews, draw conclusions, and create memes, and sometimes these memes are attributed to me. However, I will say that some of Mr. Johnson’s positions especially the one concerning religious freedom are not in keeping with traditional Libertarian thought. If I wanted to be a completely Libertarian person I would join that party instead of the Constitution Party.

Gemma: In response to the Supreme Court ruling on same sex marriage, the Constitution Party released a statement equating the opinion to the Dred Scott slavery decision. Is that your position? Also, you have said that you are opposed to legalizing same-sex marriage because “marriage with any definition other than the Biblical standard” is unacceptable. Isn’t that imposing one religious standard on all U.S. citizens?

Castle: I’m afraid you may have misunderstood me. I am unfamiliar with any comparison of same sex marriage and the Dred Scott case. I have often compared the holding in that case to the Supreme Court’s holding that unborn babies are not “persons” and therefore do not qualify for Fifth Amendment protection.

As for same sex marriage, I have said that I do not believe in it or that it even exists. If I were President and two members of the same sex came to me and said we’re married and here’s a priest, a minister, and a civil magistrate who will attest to that, I would say you are not married because God defines marriage quite clearly in his holy word and you do not meet that definition. However, as President it is irrelevant to me because your relationship is none of my business. It is an abuse of political power to require people to buy a license from the government for permission to engage in whatever relationship they choose. Since there would be no governmental financial advantage to this relationship it is not a governmental concern.

Gemma: The Constitution Party asserts in its platform that obscenity laws must be “vigorously enforced” because, “local, state, and federal governments [should] uphold our First Amendment right to free speech.” Using the free speech as a basis for limiting or banning the use of pornography seems contradictory. Is there a religious factor involved in that stance?

Castle: Of course there’s a religious factor involved in that stance. There’s a religious factor in all laws carrying criminal sanctions. I am not in favor of the Federal Government stepping into this role. I favor limiting government to its delegated, enumerated Article 1 Section 8 powers. The other powers existing are to the states and the people. If the states want to sanction it then that should be their prerogative. I see a role in Federal prosecution of child pornography under the 5th and 14th Amendments. Child pornography should be severely sanctioned since it is akin to rape, or enslavement of those innocent and unable to defend themselves.

Gemma: You have said, “I fear for the future, because our country is under the judgment of God for the 60 million unborn babies we have allowed to be killed.” How will making abortion illegal turn this nation toward God?

Castle: God has said that if we humble ourselves, seek his face, and turn from our wicked ways he would hear our cry and heal our land. What could be more clear?

Gemma: How many state ballots will your name appear?

Castle: My name will appear on the ballot in 25 states. In addition, 21 other states have me registered as a write-in candidate. So, Americans in 46 states are able to vote for me. There is also a chance that we will get Nebraska and the District of Columbia which would bring us to 47 – plus D.C.

Gemma: Apparently West Virginia has removed your name from the ballot. Will you explain what’s going on there?

Castle: Yes, due to a West Virginia Supreme Court ruling, the state removed us from the ballot. We filed an emergency lawsuit – we won – and we are back on the ballot. Our victory even made front page in some of the West Virginia newspapers.

Gemma: Tell me about your running mate, Scott Bradley of Utah.

Castle: I have known Scott for at least 20 years and include him among my dearest friends. He is a well-known Constitutional expert and lectures around the country on the Constitution and other founding documents. I also consider him to be an expert in the Federal seizure of state lands especially in the West, and since I want to reverse those seizures I need him to help me do that. Scott is also of the highest character and a true gentleman.

Gemma: Finally, if you were addressing a conservative Republican, what would you say to get him to switch his vote from Trump to the Constitution Party? How would you convince a Libertarian Party supporter to vote for the Castle-Bradley ticket?

Castle: I would tell both the same thing. If you think government should be limited choose me. If you think we should have unlimited government any of the others will do. If you value life choose me, but if you don’t any of the others will do. If you favor constant foreign intervention any of the others will do but if you do not, choose me. If you want to be free to control your children’s education choose me, if you want the government to control it any of the others will do. If you want to keep all your income choose me but if you want to give large portions of it to the government any of the others will do.

We Represent a Cause

Dear Patriot:

The Constitution Party represents more than electioneering.  We are a cause.  Who else champions the Constitution when it comes to the issues of the day?

Is there any party or candidate who makes the argument that the “gay marriage” fight is not over?  We remind voters that the Founding Fathers gave Congress the right to restrain the Supreme Court’s power. Article III, Section 2, Paragraph 2 of the Constitution states:

“The Supreme Court shall have appellate jurisdiction, both as to
Law and Fact, with such Exceptions and under Regulations as the Congress shall make.”

The Supreme Court has not “settled” the issue, and we are the only ones in the election arena who dare to prove it so. That’s why the Constitution Party aims to educate and motivate — we have developed tools that explain who we are and what we stand for.

I urge you to stock up on ammunition during this election year battle.

To revive hope for a logical, constitutional argument advocating traditional marriage, we have produced an issue card — outlining the problem and solution, attractively designed, and available at a very low price.

These pocket sized cards are shipped postage paid: 100 for just $15.

To tell the story of the Constitution Party — who we are and where we stand — we’ve produced a informative brochure in an easy-to-read format.  It is a good introduction to our party and our cause.

This six panel brochure is shipped postage paid: 100 for $25 or 40 for $15.

Finally, when we discuss the issues, we must do so with a solid understanding of the Constitution itself.  That’s why we have made special arrangement with the publishers to offer an autographed copy of the brand new book, How to Read the Constitution by Paul Skousen.

paul-skousen-book

This is a essential handbook in the fight for freedom is shipped, postage paid, for a gift of $35.

How to Read the Constitution will help you to frame the argument of why we call ourselves Constitutionists and not just Conservatives.

Be sure you have this ammunition for the election.

Cordially,

Frank Fluckiger,
National Chairman,
Constitution Party

P.S. You may call-in your order for the above materials to expedite shipping: 1-800-VETO-IRS (1-800-283-8647).

Voters Need The Input And Impact Of A Third Party

by Peter Gemma
National Executive Committee Member

 Peter1
James Madison wisely observed, “When the variety and number of political parties increases, the chance for oppression, factionalism, and non-skeptical acceptance of ideas decreases.”

Marginalized policy initiatives can often bubble up into the mainstream because of independent candidates and third parties.  In his book Declaring Independence: The Beginning of the End of the Two-Party System, political strategist Douglas Schoen noted, “While third party movements and candidates have periodically emerged to challenge the status quo … none have ever come close to winning, though they did end up having a significant impact on policy formation as a result of their campaigns.”

Although the success of the Prohibition Party was fleeting, it is a good model of how an issue can come from a single constituency, evolve into a formidable political force, and flex muscle on Capitol Hill.

The Prohibition Party has run candidates for President in every election since 1872, but none received more than 300,000 votes or about two percent of the ballots cast.  However, its candidates for state and federal office often siphoned off votes that cost the major party nominees their winning margins.  That proved to be powerful political leverage.  In the 1918 contest for US Senate in Colorado, incumbent Democrat John Shafroth polled 48 percent of the vote, but Prohibition Party candidate P. A. Richardson, who nabbed just 2.58 percent, gave the Republican nominee the edge – one of the two seats the GOP needed for majority status on Capitol Hill.

The Prohibition Party applied anti-establishment political pressure while bi-partisan grass roots organizations such as the Anti-Saloon League worked within the apparatus of the two major parties.  The chemical reaction resulted in a Constitutional Amendment establishing prohibition as public policy.

The Libertarian Party has been a deciding factor in many elections in the past 45 years.  In 1998, Majority Leader Harry Reid was re-elected by only 428 votes while the Libertarian candidate pulled in 8,000 supporters.  In 2002, the country’s most hard-fought Senate race was in South Dakota.  Republican John Thune lost to the Democrat incumbent, Senator Tim Johnson, by 524 votes, much less than the 3,000 votes for the Libertarian candidate.

The movement in favor of the legalization of marijuana consists of non-partisan operations including the National Organization for the Reform of Marijuana Laws, which has a network of 135 chapters.  The marijuana issue is a well-known plank of the Libertarian Party’s platform since its formation in 1971.

Libertarian Party political operatives had an impact on the passage of the 2012 Colorado referendum to decriminalize the use of marijuana – it had already elected two city councilmen and a sheriff on their party line in the state.  In addition, the Marijuana Policy Project spent one million dollars advocating the Colorado initiative.  Just like the movement for prohibition, non-partisan grassroots operations combined with a political punch, yielded results.

The Reform Party nominated Texas billionaire Ross Perot as its presidential candidate in 1992.  Perot hammered away on the issues of reducing the deficit and the importance of a balanced budget, issues previously ignored in elections.  They now are a standard part of every national campaign.  The winner of the election, Bill Clinton, coordinated a bi-partisan coalition that created several balanced-budget deals to put the government in the black.

History is on the side of third party movements because they are willing to touch third rail issues.  The Prohibition and Socialist parties promoted women’s suffrage during the late 1800s, and by 1916 both Republicans and Democrats supported it.  In the 1850’s, a new party, the Republicans, buried the traditional Whig Party as they rallied around a major social justice issue, the abolition of slavery.

Third parties can represent regional interests as well.  In 1968, American Independent Party candidate George Wallace earned 45 electoral votes.  The way he split the Democratic base led to the Republican Southern strategy that produced another sea change in American politics.

According to the latest ABC News/Washington Post survey, 48 percent of voters say they would prefer a third-party candidate to run.  A recent Associated Press/University of Chicago poll revealed that 71 percent of millennials want an alternative to the Republican and Democrat nominees.  Still, many voters view third parties as irrelevant, perhaps even worse than useless.  The general assumption is if a third party candidate has no chance of winning, then it is foolish to lower the chances of the next-best, big-party candidate.  Voting for a lesser-of-two-evils candidate who can win would be better than voting for an ideal candidate who will lose.  However, “winnability” doesn’t matter as much as one might think.  If a third party candidate can influence, even bully, the political power elites they score goals.

Permit me to channel Teddy Roosevelt: “The old parties are husks, with no real soul within either, divided on artificial lines, boss-ridden and privilege-controlled, each a jumble of incongruous elements, and neither daring to speak out wisely and fearlessly on what should be said on the vital issues of the day.”  He’s so right: America needs a third party – actually, a fourth, fifth and tenth party.


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The New Poll Tax: Ballot Access Laws Foil Independent Candidates

By Peter Gemma
National Executive Committee member

Please Don't Feed These Animals!
There is no free market of ideas, candidates, or political parties on Election Day.

It’s not for a lack of demand. According to the latest ABC News/Washington Post survey, 57 percent of Americans are dissatisfied with the choice between Donald Trump and Hillary Clinton; 44 percent say they would prefer a third-party candidate to run. A recent Associated Press/University of Chicago poll revealed that 71 percent of millennials want an alternative to the Republican and Democrat nominees.

In another survey, Public Policy Polling matched “a giant meteor hitting the earth” against Clinton and Trump. The killer asteroid nabbed 13 percent of the vote, far more than any third party now ballot qualified.

The establishment parties benefit from strict ballot access laws that make it difficult for alternative candidates to participate in elections. In order to get on the ballot, independent and third party candidates must meet a variety of byzantine state-specific filing requirements. Complex stipulations and regulations determine whether voters will be able to choose from a larger pool of parties and candidates.

Unorthodox candidates must undergo bureaucratic and burdensome trials in all 50 states before they are permitted to run for office. And the laws have proven effective: no independent or third party presidential candidate has won an electoral vote in 48 years.

To get on the ballot nationwide this year, it is estimated that a maverick presidential candidate must have more than 880,000 signatures on petitions. The major parties regularly challenge the legitimacy of ballot access petitions (leaving out a middle initial is among many reasons that a name can be considered invalid), so securing a ratio of two-to-one of the required number of signatures is the pragmatic strategy for campaigns. That means an army of petitioners going door-to-door should collect about 1.76 million names in 2016. If that becomes difficult to manage, a candidate may hire professional solicitors who charge $2.50-$5.00 per signature. You do the math.

Consider how the ballot access system currently works: Texas requires independent candidates to collect 79,939 signatures (but double that number to be prudent); to become a recognized political party in North Carolina, signatures equal to two percent of the previous gubernatorial election are necessary — that adds up to 89,336 names (secure about 180,000 to be on the safe side); West Virginia demands 6,706 signatures on ballot access petitions if you want to run for the White House (please turn in twice that amount.) Candidates must also pay a hefty filing fee of $2,500.

Nine states don’t even allow voters to write-in names of their preferred candidates.

The Libertarian Party beat Oklahoma’s tightly controlled process by obtaining more than 42,000 signatures. The petition campaign cost the national party $104,000. For third parties, organizational infrastructure, as well as deep pockets, is vital — running for President means conducting 50 races simultaneously. Start-up campaigns simply do not have the money or the manpower to be competitive with Democrats and Republicans because of the barriers the ruling parties have put in place.

The nation’s leading expert on ballot access laws is Richard Winger, editor of Ballot Access News. He maintains that, “Ballot access restrictions vary from state to state, but they have one thing in common and that is to prevent people other than Democrats and Republicans from getting on the ballot.”

Disenfranchising candidates is part of the election game as well. Forty-five states have enacted “sore loser” laws denying defeated candidates the right to run a third party or independent campaign. If a candidate believes political power brokers have quashed any chance to win the Democrat or Republican nomination, there is no second chance.

Third party candidate Ralph Nader has observed, “If we all have an equal right to run for election. If they call third-party candidates spoilers but they don’t call their major opponent in the other party a spoiler, they are assigning a second-class citizenship to the third-party candidacy.”

The Gallup organization has found that, “A majority of Americans, 60 percent, say a third major political party is needed because the Republican and Democratic parties ‘do such a poor job’ of representing the American people.” Yet when voters get inside the polling booth, they often find only two candidates listed. Richard Winger asserts, “The extreme disparity of the burdens placed on old, established parties versus new parties has no parallel in any other democratic nation in the world.”

Reasonable ballot access requirements to set qualifying standards are necessary. However, just as poll taxes were set up to keep certain citizens from expressing their right to vote, today’s ballot access laws are deliberately designed to provide a similar obstacle for freethinkers who challenge the political power elites.

In 1775, John Adams warned future generations of American voters that, “There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution.” He was so right.

 


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